Court Refuses Stay on Parking Ruling

City now waits on lower court to sign lease

The Hamilton County Court of Appeals today refused to delay enforcement of its earlier ruling on the city’s plan to lease its parking meters, lots and garages to the Greater Cincinnati Port Authority, which will allow the city administration to sign the lease as soon as a lower court rescinds its original injunction on the plan.

On June 12, the court reversed a lower court’s ruling and sided with the city over critics of the parking plan, deciding that the city can use emergency clauses to avert referendum efforts on passed legislation, including the parking plan. Emergency clauses also allow the city to avoid a 30-day waiting period on implementing laws.

For Cincinnati, the plan will first produce a $92 million one-time payment. Following that, the city will get an estimated $3 million a year, which the city says will eventually increase to $7 million and continue climbing afterward.

Still, the city says it won’t spend any funds until there is legal certainty, meaning until potential appeals are exhausted.

“The City cannot commit the money in the parking plan until there is legal certainty around the funds,” City Manager Milton Dohoney said in a statement on June 12. “Once there is legal certainty, the Administration will look at the budget to determine if there are items that may need to be revisited and bring those before Members of City Council, as appropriate.”

Opponents are planning to appeal the ruling to the Ohio Supreme Court.

Opponents gathered more than 12,000 signatures supporting a referendum on the parking plan. But with the appeals court ruling, that referendum may never come to pass.

The city says the parking plan’s funds will be used to accelerate economic growth, but critics argue the parking plan will hurt downtown businesses by expanding parking meter hours and increasing meter rates.

City Council began discussing potential changes to the parking plan in a Budget and Finance Committee meeting today. The meeting largely focused on whether City Council could repeal or rework the parking plan with a simple majority or supermajority.

Following the June 12 ruling, five out of nine council members signed a motion to repeal the parking plan. But City Council would need to pass an ordinance for any changes to be legally binding.

An ordinance would likely need six votes to overrule the mayor’s veto powers.

City Solicitor John Curp told City Council the mayor also has the power through the City Charter to hold any proposed ordinances until the end of his term on Nov. 30, which means the mayor can effectively stop all repeal attempts.

Mayor Mark Mallory supports the parking plan. Jason Barron, his spokesperson, previously told CityBeat Mallory would reject a repeal.

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