Thursday, January 17, 2008
Dream Team? Freking and Chesley, Together At Last
It appears that that the allegations are to be supported by John Deeds. Deeds claims he was fired last year when he raised questions about Duke's payouts to corporate customers; he has filed a whistleblower action which is still pending (he's represented by Freking in that case).
From the complaint, it appears that there are at least eight attorneys who will represent that plaintiff class (assuming U.S. District Judge Weber certifies a class).
But if you're going to take on an energy company, I suppose you have to hope you've got an Erin Brokovich somewhere on your support staff. (Not really--I hated that movie!)
Freedom Center "Controversy"
For those of you who haven't been paying attention: the Freedom Center is built on land given to it by the city and the county. Included in the gift is a 1.7 acre parcel of land between the Center and the Ohio River that the Center had intended to develop as a park. But the Freedom Center has never had enough money to do so so the land, like the rest of the area next to the riverfront, has sat fallow for several years. Now, the Banks Working Group wants the land to use as part of the Banks. The Freedom Center offered to sell the land back to the city and the county for $1 million, with each sovereign to apparently foot half the bill.
Based on the histrionics coming from the county commission, I'd assumed that the offer had come out of the blue. But that's not so, based on Brown's report:
The Freedom Center says it had been negotiating the $1 million price tag with the Banks Working Group since last summer. It had two assessments done that
actually placed the land at a much higher value. It says the negotiations were
in good faith and everyone seemed to think the request was reasonable.The
Working Group includes representatives from both the city and the county, so
none of the elected officials should have been surprised at the request, which
was reduced to writing Dec. 31, said Freedom Center's Paul Bernish.City council
wasn't surprised. Some council members even said they thought the Center would
ask for more. But somehow commissioners were caught off guard.
Of course, this whole episode is a PR nightmare for the Freedom Center (that seems to be Bronson's main point today). But I'm not sure that the Freedom Center's board has had much of a choice but to act the way it has. After all, the board has a fiduciary obligation to protect the assets of the Freedom Center, a non-profit organization. One of those assets is a highly marketable, very expensive piece of real estate. Giving it away would be financially irresponsible. If the Freedom Center weren't an entity, and were instead just some guy named Bob, and the county wasn't--well, the county, but instead just some guy named Fred, then you'd expect that Bob, upon realizing he couldn't use the land Fred had given him, would give it back to Fred if Fred had found a good use for it. But we're not talking about Bob and Fred; we're talking about local government and a non-profit organization. It's not as easy as our commissioners have made it out to be in their efforts to placate COAST. There may ultimately be a better way to resolve this than to simply take a pile of money from the city and the county, but everyone needs to take a deep breath and calm down.
Wednesday, January 16, 2008
Caton To Be Promoted To Sergeant
Following Owensby's death, Officer Caton was arrested, criminally charged, and fired from the force. He was acquitted of assault, and an arbitrator subsequently found (in a decision upheld by the Ohio Supreme Court) that dismissal was too harsh, and reduced the penalty to a five-day suspension.
Caton received $200,000 in back pay from the City. The family of Roger Owensby received $6.5 million from the City in settlement of a wrongful death lawsuit.
As the Enquirer notes, sergeants are named based on the placement on a "promotion-eligible" list, which is created solely as a function of an officer's score on a written test (as mandated by the collective bargaining agreement that governs his employment), not any exercise of discretion on the part of CPD supervisors. Here is what appears to be the current promotion-eligible list. As long as a list is "active"--which this one is until July 2008--each time a sergeant position becomes vacant, the highest non-promoted candidate gets the job. For instance, see this press release from October announcing the promotion of the 17th, 19th, and 20th candidates on the list.
This will almost certainly bring up bad memories and angry feelings for some in Cincinnati.
Life Imitating Art
Tuesday, January 15, 2008
BlackFinn Cincy
It looks like the new owners are going to keep it pretty much like it is. This means other than changing some signage, the place shouldn't need many other physical changes.
McFadden's Closed, New Owners to Reopen
It would appear the Courier may have scooped both the Enquirer and WCPO by finding out about the new owners.
I walked by myself yesterday and it doesn't look like it is shut down for good, it just looked like it wasn't going to open up on Monday. I don't know the last day it was open. It looked odd and caught my eye as I walked by because it had one of the large windows boarded up, like it had been broken.
The bar has been open for about 3 years or so, so this is about the time for reinvention. This is a very slow month for the bar business.
Monday, January 14, 2008
La la, la la la la
It appears that there's a Smurfs movie in production.
For anyone feeling nostalgic, here's a link to the theme song.
BTW: If you're thirty to forty years old and can hear Schubert's Unfinished Symphony without thinking of Gargamel, then you're a more cultured person than I'll ever be.
Throwing Fruit From the Cheap Seats
The placement of this editorial in a fluffy lifestyle magazine is fairly clearly meant to be part of part of Deters re-election kickoff, even if the outlet is less than mainstream. What better way to fend off an opponent, then to put fear into the suburbanites? The Sharonville (et al) crowd fears the City based on the myths perpetuated on many fronts. One such front is the political rhetoric of people like Joe Deters. At this point Deters looks like a fear mongering fool when he has no one facing him in the election. Throwing fruit at the City is easy when you distance yourself both physically and rhetorically.
Sunday, January 13, 2008
Where Should The Drop Inn Center Be?
We've heard a lot about the Drop Inn Center the past few weeks. This week marks its thirtieth anniversary in its present location. The Enquirer wrote on it here; the Enquirer's Politics Extra Blog discusses it here; and Dan Hurley covered it on Newsmakers this morning (Channel 12 really needs to start giving him an hour each week, when the Bengals aren't playing.) Drop Inn's history (particularly its midnight move) is very interesting.
Most discussions seem to assume two options: leave Drop Inn where it is, or close it and buld the much-discussed CityLink on the West Side. I'm wondering: is there a third alternative? Might there be a better spot for the Drop Inn Center? What if there were sufficient political will to purchase part of Broadway Commons (perhaps the western-most part, adjacent to the bus terminal) and rebuild the Drop Inn Center there? I suppose if the jail tax had passed, the Queensgate jail could have been converted to a homeless shelter.
There are legitimate concerns about Drop Inn's location. It's in the midst of an area that is being revitalized (or gentrified, according to some). It's near Music Hall (though I think CSO lovers too often scapegoat Drop Inn for declining attendance there--after all, the Center doesn't seem to deter opera-goers in the summer, judging by ticket sales). And it's a stone's throw from SCPA.
So assuming we don't want the homeless living en masse under the Brent Spence Bridge, where should they be?
Going Home Again
1. I was in law school at UC from 2000 until 2003, the height of UC's physical transformation. So venturing onto campus beyond the law school meant dodging bulldozers and cranes. While I've been back to the law school several times since graduating, until last night, I hadn't been anywhere else. Walking though campus on the way to the game, I was truly impressed with what a great-looking campus UC has now.
2. I'd forgotten how much fun it is to watch college basketball in person, particularly when the game is tied with two minutes to play, and even more so when your team comes out on top. (No, I won't post the alma mater this time, though.)
3. As I looked at the students--those I saw on campus, in the student section at the game, the cheerleaders, and the players--all I could think was, "Damn, I'm old."
4. I have to remember that I rely on my voice to make my living. As I drove home with a scratchy throat, I couldn't help but wonder whether the Bearcats might have done just as well if I hadn't added my voice to the chorus of fans, who really came to life down the stretch of the contest. (Of course, that may just be another way of saying, "Damn, I'm old.")
More Coming To West Fourth Street
I have to admit: I was awfully wary of Bang when it first opened. Its owners don't have the best history of sustaning projects for the long run in the area. And when they opened Bang, they seemed to go out of their way to anger residents in the surrounding apartments and lofts (until Bang, the block didn't have a history of late-night entertainment, with the possible exception of Tina's, which brings a much quieter crowd). But Bang seems to have some staying power, and Josh Heuser really seems to be looking towards the future this time.
So even though I'm still not thrilled with the gun imagery on Bang's website, I'm more and more optimistic about its owners' intentions, and the viability of their vision for a Fourth Street entertainment district.
Hopeful signs
And a word about Nada. The food and the atmosphere were both great. Just avoid the supreme margaritas, or whatever the name of their high-end margarita is called--the bartender definitely snookered us a little; when we cashed out we were shocked that our three drinks totalled 42 bucks (that was almost as much as our food bill!).
Saturday, January 12, 2008
Are We In The End Times?
Friday, January 11, 2008
More about Main
Tuesday, January 08, 2008
Contemporary Galleries to make way for condos
I completely understand why the owner chose to do this: good offer for the space, planning on retirement-- but I can't help but hope that this isn't a mass exodus of retailers from the area (to be replaced by Ikea in West Chester--oy). Has anyone heard of any new retailers entering the market in Downtown?
Monday, January 07, 2008
Hillary Unplugged
It seems as if it's been years since I've heard Senator Clinton say anything that didn't sound as if it had been designed to be the perfect soundbite and rehearsed several times. I suspect Senator Obama has become so popular because he so often seems to be reaching for an emotional connection with his audience; Clinton rarely seems to do so. (It's ironic, actually: if you had to imagine one of these two candidates telling a voter s/he "feels your pain," wouldn't you be more likely to envision it coming from Obama? I'm certain he's studied--and is sometimes emulating--Bill Clinton's '92 campaign stump-speech style, something HRC could do more of. If one were to combine Obama's ability to connect with HRC's mastery of policy, you'd have a chaste version of Bill Clinton.)
We need to see more raw, unplugged Hillary Clinton if she hopes to make a run on Super Tuesday.
[Full disclaimer: Bill Clinton ran for president the year I turned 18; he's the first person I ever voted for. Obama is the first--and only presidential candidate to whom I've ever financially contributed.]
Play Ball!
Is a season ticket package going to be the only way to get Opening Day seats (without resorting to a ticket broker)? Last year, they were included in the smaller game "packs"....
[Post edited due to Donald's inability to read a calendar]
Drive By In the Burbs
Saturday, January 05, 2008
Yet Another Reason to Fire Streicher
Main Street Plan
- Don't just let any fly by night promoter operate a bar.
- Look for Critical mass.
- Get more residents, make it a neighborhood with entertainment, instead of just an entertainment district.
- Get 3CDC to help.
- Fill the store fronts.
Eating Local - Cincinnati
Friday, January 04, 2008
City Council: District or At Large?
The traditional criticism of a district-based legislature is that spending tends to be out-of-control in such systems. This study, for instance, purports to demonstrate that governments run by ward-based elected representatives have higher debt, spending, and taxes than governments with at-large representatives. Those who favor a district-based approach, though, argue that such a system ensures that minority communities have a voice in the legislature, and also permits candidates to win elections without the larger warchest needed in an at-large system.
There's an interesting juxtaposition with respect to our current situation, I think. On the one hand, the Charter committee lauds as one of its achievements the end of the ward system back in the 1920's. Until 1957, though, Council was elected using a proportional representation system, whereby voters ranked their preferences and the results were calculated accordingly. The pure at-large system has been in place for the past fifty years.
Here's the juxtaposition: Hamilton County Municipal Court. The judges aren't elected by the entire county; instead, each judge is elected from one of seven districts. I couldn't find a history of our municipal courts anywhere, but it's my understanding that the system is in place because of a lawsuit filed to ensure that minority communities could get judges elected, and that at one time, all of the judges were elected as Common Pleas judges are, by the entire county. (If I'm wrong, please point this out, preferably politely, in the comments.)
So why is the district-based system good for municipal court but bad for city government? Would a mixed system (at-large and district representatives) ensure that spending doesn't go crazy?
Your thoughts?
Smoke-Filled Back Rooms
I'm furious. I don't necessarily have a problem with either Portune or Hartman; what perturbs me is that each party has decided that it could manage to field just one endorsement-worthy candidate for county commissioner in a year when voter turnout will be extraordinarily high.
Thursday, January 03, 2008
Is The Mayor Strong Enough?
Electing a mayor separate from Council is an excellent step in the right direction. We now have a independent executive. But our city manager--who is not elected--still retains a great deal of power. Consider the power our charter gives the mayor:
It shall be the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city, except as otherwise specifically provided in this charter; to see that the ordinances of the city and the laws of the state are enforced; to make all appointments and removals in the administrative and executive service except as otherwise provided in this charter; to make such recommendation to the mayor and to the council concerning the affairs of the city as may to him or her seem desirable; to keep the mayor and the council advised of the financial condition and future needs of the city; to prepare and submit to the mayor the annual budget estimate for the mayor's review and comment prior to its submission to the council; to prepare and submit to the mayor and to the council such reports as may be required by each and to perform such other duties as may be prescribed by this charter or required of him or her by ordinance or resolution of the council.
Art. IV, Sec. 3. The manager (not the mayor) appoints the City Solicitor, finance director, director of public utilities, and superintendent of water works. Art. IV, Secs. 5, 7, 9. And he gets to fire them. Art. IV, Sec. 10.
Shouldn't all of these be the responbility of someone we actually elect? Clearly, there's a political benefit to having a strong manager. The mayor can let the manager make the tough decisions. Mallory seems to have fallen into a rhythm whereby the manager proposes a draconian, unpopular budget, and then Mallory gets to come in behind him just in time to play the role of Santa Clause. And consider the abuse Valerie Lemmie routinely took from City Council; certainly, the Council wouldn't treat an elected mayor that way.
So the manager gets to be a combination scapegoat/bad cop/punching bag. But is that good government? Don't we want the really important, difficult decisions to be made by our elected representatives? Should we have a mayor who is really just a figurehead, good for ribbon-cuttings and other ceremonies, or do we want a real executive?
What do you think?
Musical Chairs
It would appear that the poll floating around in comments a week ago or so were right, showing Harris beating DeWine for Commissioner.
Wednesday, January 02, 2008
A P&G Blog????
New Faces On An (Already) Old Argument: Ohio's Sex Offender Registration Law
Too often, when people think of "sex offenders," they think only of guys like this (known in the press as the "Purple People Bridge rapist," he'll be locked up until 2076, when he'll be 101). That makes it easy for our legislators to pass laws that continue to punish offenders well after they've served their sentences.
But as two recent articles show, a whole host of individuals who most people wouldn't object to living near are included with the unduly broad label "sex offender." City Beat notes that Tammy Welton (convicted of having sex with an adult inmate while she was a prison guard) is now subject to a lifetime registration requirement (see also this article in the Cleveland Free Times for more on Ms. Welton). And in an unusually thoughtful article (at least by Enquirer standards), Sharon Coolidge points out that Holli Burd will also be subject to lifetime registration. When she was 29, Ms. Burd was convicted of having sex with a 14 year-old boy. Since then, she's married and had a child of her own.
The point is: when the public realizes that the unduly harsh (and probably ineffective) registration laws don't just impact the really scary people that make headlines in the newspapers, maybe attitudes towards them will change.
Food in Cincinnati-- The Belgian Waffle Guy
Jean-Francois Flechet, who is originally from Belgium, might be better termed as the "Liege Waffle Guy". These aren't the waffles from your Belgian waffle iron-- these are crisp and sugary and a little gooey on the outside, somehow both dense and fluffy on the inside-- and are simply the most amazing confection I've ever tasted. Over the past couple of months, I've had Liege- style waffles in two other places (in Bryant Park in New York from an outfit called Augustin's, which sells something like 17,000 waffles a day as well as from a cart somewhere in Paris) and both times my traveling partner and I both said, "Wow. They're just not the same as the ones we get back home". When we got back into town, we made a beeline for Findlay to chat with Jean-Francois about how good his waffles are. His secret? They're fresh-- frozen no longer than a week (unlike Augustin's, which are imported from Belgium, and thus a bit over-frozen and chewy in an unpleasant way)-- and made in very small batches.
The good news? Taste From Belgium has expanded outside Findlay Market-- you can now find his waffles at Newport on the Levee, freshly made on Saturdays and Sundays at the Coffee Shop on Madison (the best way to eat them is fresh and hot right off the waffle iron) and at a bunch of other independent restaurants and coffee shops throughout the city, including Daveed's and Honey.
I'm hoping to include a few more restaurant reviews this year, so join me in supporting local entrepreneurs and restauranteurs. And tell Jean-Francois that you heard about him here!
Does The City Really Need The Charter Committee?
My first topic, obviously (from the title of my post), is the Charter Committee. And my question is simple: has it outlived its usefulness? I'm familiar with the history of the Charter Committee (summarized nicely here and here). It's a proud history, no doubt: the Committee sprang from necessity at a time when one national party dominated local politics, and did so with a fair amount of corruption.
Today, though, both the Democratic and Republican parties have a strong presence in City government. And I'm not sure what today's Charter Committee stands for. Presently, we have two Charterites on Council: Roxanne Qualls (who I'm pretty sure ran as a Democrat when she was mayor under the old system) and Chris Bortz. What unites those two (besides the Charter moniker)? In most cities, I suspect that most Cincinnatians who identify with the Charter Committee would be active in the local Democratic party.
So here it is: why have the Charter Committee? The party doesn't seem to have a cohesive platform. I don't think Qualls and Bortz won because they were members of the Committee, but instead did so because of their individual beliefs and character traits. (How many people were even aware, as they voted for the highly popular Qualls, that her allegiance--or at least her endorsement source--had changed?) Is the Committee still useful to the City? And if not, should people continue to support its candidates, or should it be allowed to die a dignified death?
Tuesday, January 01, 2008
Speaking of Murder --- From Statistics to Real Blood
Man Shot, Killed During Celebration
New Year's Turns Violent In Over-The-Rhine
Officers said that Pernell Thomas, 26, was shot and killed at about 1:30 a.m. at the club Ocho Rios at 221 East 12th St.
Apparently Mr. Thomas was shot in the forehead while on the dance floor.
Can someone tell me what kind of people carry guns with them when they go out to the Entertainment District? Some entertainment! Just think what we can schedule for the Banks. I don't get it . . . . . . . .
Congrats To LWHS Marching Band
I was a band geek growing up (I was even the drum major of my high school band*), so I appreciate what the trip meant for these young adults (as well as the band's staff and the band parents). An invitation to the Tournament of Roses Parade is pretty much the equivalent of a college basketball team making it to the Final Four. It's a huge honor that is the culmination of more hard work than most people realize.
For those of who weren't involved in band growing up, here are some things you should know. First the members of a band like Lakota West spend an amazing amount of time practicing and drilling. They probably attend rehearsals daily after school (and spent one or two weeks over the summer at band camp). In addition to that, they all spend time at home practicing on their own. And this is in addition to the other demands on the time of high school students (which today seem much more rigorous than when I graduated 15 years ago).
And when the band manages to get good enough to be invited to a national event, their school inevitably rewards them with another task: fundraising. My parents were perennial pariahs at their workplaces; their colleagues knew that every fall, they'd be presented with another opportunity to buy whatever goods (usually candy, "hoagies," or candles) the music program was forced to hawk that year.
So: kudos, Lakota West. Thanks for your hard work.
* For those who followed the link to my alma mater, you'll see why it was inevitable that I become a criminal defense attorney: note the similarity in physical appearance between my high school and the Justice Center (I think the HCJC actually has more windows!).
Regional Homicide Totals
Columbus's homicide total dropped 24%, with 79 in 2007 and 104 in 2006.
Cleveland experienced its highest number of homicides in 12 years: 134 in 2007 and 119 in 2006.
Louisville homicides went up, with 67 in 2007 and 50 in 2006.
Pittsburgh recorded an increase in the number of homicides: 57 in 2007 and 39 in 2006 (for all of Allegheny County, in which the 'burgh is located: 2007--98; 2006--96).
Note that a more important measure of homicide trend would be the homicide rate (usually expressed in terms of homicides per 100,000 people); a city whose homicide total remained flat while its population decreased would experience an increase in the homicide rate.
I was unable to find the 2007 numbers for Indianapolis, Dayton, or Lexington, which I thought might be instructive. If you know those numbers (or even the trends), please post them in the comments with a link to the source. (And as always, please post any thoughts you may have on the topic in the comments!)
Homicides Dropped 25% in 2007
Since it is New Year's Day, I don't know what kind of city bashers I'll get. They've been fairly quiet in 2007. In 2007 the City turned a corner. It is not there yet, but it is really starting to gel. It is hard to attack success, but I'm sure some troll will try.
Monday, December 31, 2007
New Year's Resolutions
My own resolution: Be more connected and involved in the community. I mentioned in my first post that I moved to Cincinnati in 2000; I did so in order to begin law school. Even though I've been out of school for over four years now (with one of those years spent working for a federal judge in West Virginia), I've not broken out of some (bad) student lifestyles, and still live almost as if I'm a temporary resident. So...I'm going to join the Downtown Residents Council. I'll be more active in the bar association and other professional organizations. Maybe I'll even join a church (that's a whole other discussion thread, though).
And, of course, I'll lose some weight.
What about you?
Extra...Extra
One small light comes from a story the Cincinnati Post is had on Saturday that www.Kypost.com will continue on with a new WCPO partnership.
'Team Lachey' to Perform on Fountain Square NYE
Sunday, December 30, 2007
Getting Home Safely New Year's Eve
The last way you want to begin the new year is by being in hospital after wrapping your car around a telephone pole. Or worse yet, by putting someone else in the hospital.
Books of 2007 -- For What Its Worth
So here goes in alphabetical order:
Andre Acimen
Call Me By Your Name
A beautiful and passionate gay coming-of-age tale set in Italy – a fine follow up to the Egyptian born Acimen’s Out of Egypt.
Junot Diaz
The Brief Wondrous Life Of Oscar Wao
Another fine younger writer trying to make sense of the cultural stew that 21st century American has become despite the rantings of Lou Dobbs.
"You really want to know what being an X-Man feels like? Just be a smart bookish boy of color in a contemporary U.S. ghetto," DÃaz writes. "Mamma mia! Like having bat wings or a pair of tentacles growing out of your chest."
Like his previous book Drown, Diaz understands that geeks rule. Perhaps the best novel of 2007.
Susan Faludi
The Terror Dream: Fear and Fantasy in Post 9-11 America
One of our finest social observers and commentators writing about how all the hooey about how 9/11 changed us all forever is just that --- hooey. Yet Faludi observes how this event rekindled some ancient myths about the role of men as protector and what happens when the myth is shattered – when men don’t protect.
Joshua Ferris
Then We Came To The End
Simply a funny novel about the arrogance and insecurity in work that is at the heart of contemporary corporate America --- in this case at an ad agency where people are being shitcanned.
Christopher Hitchens
God Is Not Great: How Religion Poisons Everything (or published in the UK as God Is Not Great: The Case Against Religion)
Agree or disagree with Hitch about religion or the divine, this is a challenging and brilliantly argued manifesto about the poisonous history of religion and things done in the name of the divine. In an election year where a central question seems to be who is religious enough to lead this secular nation (please, don't tell me this is a christian nation -- we have no state religion ---- yet), this book is timely.
Denis Johnson
Tree Of Smoke
My pick for novel of the year --- a magnificent Vietnam story about war and faith and love and loss and lost faith.
"Once upon a time there was a war . . . and a young American who thought of himself as the Quiet American and the Ugly American, and who wished to be neither, who wanted instead to be the Wise American, or the Good American, but who eventually came to witness himself as the Real American and finally as simply the Fucking American. That’s me."
“She had nothing in this world but her two hands and her crazy love for Jesus, who seemed, for his part, never to have heard of her.”
Mildred Armstrong Kalish
Little Heathens: Hard Times and High Spirits On An Iowa Farm During The Great Depression
Mrs. Kalish is in her 80’s and has a story to tell --- settle in for a joyous ride.
Alex Ross
The Rest Is Noise
I have been a fan of Alex Ross for years through his New Yorker reviews and his blog, but Ross has done us all a favor in presenting the history of 20th century classical music in a manner that is enlightening and fascinating. This book seems to be on everyone’s top ten list.
Colm Toibin
Mothers and Sons
There are very few writers working today with Toibin’s interior and introspective voice. It was awesomely displayed in his Jamesian turn in The Master and it is put to great use in this magnificent collection of stories.
Jeffrey Toobin
The Nine
Want to understand the importance of the conservative shift in the Supreme Court and how nine unelected judges decided the 2000 election and put W in power, then read this book by one of the most astute court observers in the country.
Tim Wiener
Legacy Of Ashes
What Toobin does for the Supreme Court, Wiener does for the history of the CIA. A marvelous read that leaves you with an understanding of what it means to say that the more things change the more they stay the same.
I look forward to reading additions and corrections in the Comments. Everyone party safely and let's hope (and pray, if you do) for a good 2008.
Saturday, December 29, 2007
Noir Year's Eve at Know Theatre
Priorities
Baker Working For Berding
Friday, December 28, 2007
A Mole Hill
Honestly, I get why Finney is against the red-light cameras. His anti-government stance is clear. Smitherman is acting more loony on this one than usual. What makes this an issue for the NAACP? The anti-jail-tax effort had a small sense of relevance to the NAACP, but red-light cameras is about as relevant as parking enforcement. Is Chris up for a boycott of driving? The environmental movement might support things there.
Thursday, December 27, 2007
Benazir Bhutto killed in attack
And Pervez Musharraf is our closest ally in the region . . . . . . .
This is a scary world!
Wednesday, December 26, 2007
Harris Running for County Commission
UPDATE: I guess this means that John Cranley is not running?
2007 Election Follow-Up
County Commission Race About To Start
On Sunday, activist and blogger Nate Livingston announced that he's considering throwing his hat in the ring, but hasn't decided whether to do so as a Republican or an independent.
Picking up petitions is just a necessary first step to running. Completed petitions to be included on the March 4 primary ballot aren't due until January 4.
OSU Students Prefer To Be Above The Law
For illegally sipping beer on the morning of an Ohio State University football
game - she's 19 in a state where the legal limit is 21 - [Chelsea] Krueger was
handcuffed, loaded in a police van and hauled off to jail for six hours.
Her sentence, following a guilty plea: a $50 fine.
The article doesn't mention the possible penalties. In Ohio, underage consumption is a first-degree misdemeanor. That means the possibility of 180 days in jail and a $1,000 fine.
Apparently, Chelsea was upset about the fact that she was locked up with the common riffraff during her quarter-day period of dentention (presumably, the time it took for her to be processed and her spoil-her-rotten parents to post bond):
As prostitutes ran their fingers through Krueger's hair and told her how pretty she was, she couldn't help question her situation. "They're putting the wrong students in jail," said the sophomore from Westchester, N.Y. "The people who should be more harshly punished are the ones putting themselves in dangerous situations."
First of all, the story about the prostitutes running their fingers through Krueger's hair sounds more than a bit apocryphal.
But Chelsea's defense is the one that lots of criminal defendants offer: go catch the "real" criminals. Lawyers and police officers hear it every day. People at traffic stops tell police to go catch people committing more serious offenses. Some people caught possessing drugs (from marijuana to heroin) will say that their crimes are nonviolent, and thus not worthy of prosecution. Some of the prostitutes who touched Chelsea would probably tell you that they're not hurting anyone, and that they just offer a service to men who want to make use of it (and some would claim that they actually save marriages in the process).
The point is: if you break the law, you run the risk of being punished for it. It doesn't matter if you're an indigent defendant caught with less than a gram of crack (for which you could serve twelve months in prison), or a spoiled rich brat from Westchester getting tanked before the Buckeyes game. If you don't want other people (police, prosecutors, and judges) to have the power to alter the course of your life, don't give them that power.
The go-catch-the-real-criminals defense almost never works. And neither does whining.
Tuesday, December 25, 2007
Jesus' Birth Was Virginal, Not Premature (Warning: Grinch-Like Post Ahead)
I'm sick of hearing these stories.
Blaming the victim is usually wrong. But these nativity-scene owners are at least partially to blame for the kidnapping of Jesus. If they had just held to tradition, baby Jesus might still be safe and sound. It always used to be the case that the baby Jesus figurine/statue/what-have-you wasn't placed in the nativity scene until Christmas Eve. Until then, the manger sat empty. Tradition is a good thing a lot of the time. Displaying a completed nativity scene prior to Christmas Eve is (in my opinion) one more symptom of a general failure to remember the "reason for the season." (The Miami Jesus was stolen sometime before December 5, for you-know-who's sake.) The act of laying the Jesus in a manger on the night before Christmas helps to focus our attention on the religious nature of the holiday. A nativity scene shouldn't be an accessory to a Christmas tree and plastic reindeer (or worse yet, one of those awful inflatable globes with a scene inside).
In fact, every time I drive past a nativity scene with a prematurely-displayed Mary's child, I fantasize about stealing it, only to surreptiously return it late on Christmas Eve. Stealth, however, has never been one of my gifts, so I have no doubt that I'd be caught either taking Jesus or giving him back. With my luck, I'd probably be tased before being taken into custody.
Merry Christmas, everyone.
Monday, December 24, 2007
Food, Glorious Food
Saturday, December 22, 2007
Bearcats 31, Southern Miss. 21
I proudly to the world proclaim
No sweeter name e'er charmed my ear
None to my heart was e'er so dear;
A fountain of eternal youth,
A tower of strength, a rock of truth.
Varsity, dear varsity
Thy loyal children we will be,
Thy loyal, loyal children we will be!
The Bearcats won their bowl game for their first ten-win season in 56 years; Team Lachey came through Thursday night; can the Bengals make it a Cincinnati trifecta on Sunday?
Friday, December 21, 2007
New Year's Eve: Where Are You Going?
The Know Theatre has announced their NYE bash as well.
CSO is having their annual NYE Concert.
CSL is having a party at the 20th Century.
Thursday, December 20, 2007
Cincinnati Victorious
OK. I'll admit it. I watched the finale of "Singing With the Stars," or whatever it's called. It was pretty good TV. And Nick Lachey's team won. The Enquirer's early coverage is here.
I'm pretty sure that a lot of people assumed Patti LaBelle's team would win. I know I did. I don't mean any disrespect to Lachey by that--say what you will about boy bands like 98 Degrees, but at the end of the day, Nick's a very talented singer. But Patti LaBelle is . . . well, Patti LaBelle. Lachey's choir, though, really put it together, from what I could tell by the live performances tonight and the clips from the past few days. (The vocal rendition the choir did of Flight of the Bumblebee was particularly imnpressive, I thought.)
In fact, Tracy Morgan (who NBC had announce the winner, in order to promote his new movie--yeah, that's right, now he's got his own movie) was so sure he'd be calling Patti LaBelle's name, he didn't bother to make sure he knew how to pronounce "Lachey." (Morgan thought the winning team's name was "lake-ee".) He tried not to pronounce it at first, just pointing and saying "this team over here. I think someone must have whispered to him to read the name.) I have to admit, I got a chuckle out of that. Five minutes too late, you could hear him yell, "Lachey" correctly. It was hilarious.
During the show, LaBelle announced that she's going to do at least one more performance (on New Year's Eve) with her choir. I hope Lachey follows suit. He seemed guininely moved by the experience. And it's not as if he's got anything better to do--none of his former bandmates are running for office right now, and he doesn't seem to be able to compete with Tony Romo in the romance department.
Sorry, that last bit was a little snarky. Congratulations to the outstanding group of Cincinnatians who got together for a good cause. And a big thank you to Nick Lachey, for making a Cincinnati team competitive on television. And I do hope we see Lachey and his choir singing somewhere again soon. They're entertaining.
Next year: Lachey replaces Marvin Lewis; Bengals go 16-0.
Wednesday, December 19, 2007
Public Service Announcement On Street-Crossing
In order to safely cross the street, follow these simple steps:
1. Proceed to the nearest crosswalk. Downtown, you can usually find one every half-block.
2. Wait for the crosswalk indicator to say "Walk." The flashing "Don't Walk" sign does not mean "Walk, but do so very quickly."
3. Cross the street at a ninety-degree angle to the curb, within the marked lines.
For those that think it's okay to cross the street with the traffic signal when the "Don't Walk" sign is flashing, you're wrong. You may notice that the pedestrian signal on one side of the street will read "Walk" longer than the one on the other side. This is not an accident. Instead, it occurs so that cars can turn off the street they're on without fear of hitting someone in a cross walk. Race Street, for instance, is a one-way street headed southbound. Fourth Street is one way headed west. The crosswalk indicators on the west side of the intersection (to cross Fourth) will start flashing "Don't Walk" well ahead of the traffic light turning red. If it didn't, cars that want to turn right could never do so. So when you cross against the pedestrian signal, you create a traffic jam. Don't do it.
And for the commenter who wondered: pedestrian injuries are a real issue downtown. Over the last year, I can think of at least two downtown pedestrian deaths, just off the top of my head.
Finally, to the guy who yesterday afternoon decided to run across Central Parkway (at Main Street) while carrying a baby in a car seat after the light turned red (meaning oncoming cars had a green light) : you're an idiot. And if I find out who you are, I may try to file a complaint for child endangering. I don't care how expensive your suit was. You need a couple of days at Queensgate to reflect on life.
Nativity Scene on Fountain Square
I don't know when this was put up, but a very permant looking structure is displaying a Christian Nativity scene on Fountain Square. I took the above picture today just before 1 PM. I could find no signage indicating who put it up, who paid for the very significant (close to permanent) structure, or why it is even there. A Menorah was up during Chanukah, which all stems back to preventing the KKK from putting up a cross on Fountain Square. In prior years Christian groups got together and put up a cross, preventing the KKK from doing so. That cross was very much non-permanet, like the Menorah. This year it appears to be to be different, unless I don't remember it being there last year.
This display is a more prominent place than the Menorah, which was placed behind the tree. This display is very up front on the Vine Street side of the Square. I really personally believe all of these displays violate the Constitution, but courts have ruled that the short term displays can be permitted. What I find most objectionable here is that this Nativity scene was not constructed as a short term display. A landscaper was likley used to build it. The display can be removed, and I am sure it will be, but at whose expense? That is the other problem, who paid for it? I think it should be the policy of the city to have any religious display accompanied with a reasonable notice, preferable a sign, stated who got the permit and who paid for the display.
If any city or 3CDC money or services where used and not reimbursed, then favoritism and thus a violation of the law would have occurred.
I will be waiting people to chime in here and say "What the big deal." Well, I have the legal right to pay to have a statue of Zeus (or phallic symbol or a wood carved Homer Simpson) displayed on Fountain Square on my religious holiday. I have to the get the right permit, clear the size, safety, and insurance concerns with the Fountain Square management. If I can't, which I would bet there are things that would be blocked, and I don't mean just the phallic symbol, then that is a "big deal." When religion or certain religions get favored over other religions or the lack of religion by the government or its representative, then a violation of the 1st Amendment has occurred. If the constitution and the 1st Amendment specifically aren't a "big deal," I would then bet you voted for Bush.
UPDATE: Bill Donabedian, Manager of Fountain Square, has confirmed the following:
- A private organization put up the Nativity Scene
- There is a sign stating such.
- This was done last year as well.
- The display will be removed after the 25th.
Tuesday, December 18, 2007
Eye of the Beholder
At least with respect to pre-trial detainees, that wasn't what I was hearing from my clients. They felt that they were being treated as "second-class" inmates up in ButCo. Here in HamCo, there are some programs that even pretrial detainees can make use of to try to improve their post-incarceration lives. Those weren't available to them in ButCo, presumably because ButCo's sheriff wasn't interested in doing anything with them other than collecting the rent HamCo was paying him. And ButCo seemed to pay absolutely no attention to some pretty standard rules regarding which inmates should (or should not) be housed together.
And Dwyer downplays the importance of visits to inmates. Let's face it: most people that are locked up (at least prior to trial) are poor (otherwise they'd "make bond" and be out on the street). I've represented clients stuck in jail on as little as $1,000 bond. If they're poor, their families likely are, too. And that means that getting to Hamilton (the city) can be extremely difficult. For an inmate waiting for the resolution of a case that could lock him away for many years, contact with family is often one of the few stabilizing things in his life.
HamCo's decision to house pretrial detainees in ButCo also created another problem that's not much talked about: attorney visits. The HamCo Public Defender set up a video conference system so that attorneys (even those of us in private practice representing clients on appointment) could talk to clients from the Defender's office via video feed. But it's impossible to pass documents to a client that way, and sometimes, there's no substitute for a face-to-face meeting.
Finally, I've never seen any figures on the cost of transporting inmates back and forth to ButCo. We routinely see the per-bed cost paid to ButCo itself, but every time a ButCo-housed inmate was transported to HamCo for a court date, there was some, additional cost (both in deputy-hours and gas money).
While I understood the need to find another space to house inmate, I, for one, am not sorry that the ButCo contract has ended.
Red Light, Green Light
It looks like "red light cameras" have enough votes (Cole, Cranley, Crowley, Qualls, and Thomas) to become part of Cincinnati life. Mayor Mallory seems to object to the idea (so far as I can tell from the Enquirer's coverage) only on the grounds of timing. So there's no telling what he'd do if the cameras are part of the overall budget submitted to him.
Assuming the cameras will be implemented as they have been in other Ohio cities, here's how they work: go through a red light at an intersection with a camera, and a picture of your car (in the middle of the intersection under a red light) will be taken. A "ticket" will be sent to the vehicle's owner.
It's not a typical traffic ticket, though. The violation is strictly a civil offense. No "points" are reported to the BMV or to your insurance company. And you have the right to appeal. But, if Cincinnati uses the plan used elsewhere (and we haven't seen the details yet), you'll have to pay the fine before you appeal. And your "appeal" won't be to HamCo Municipal Court (where we have elected judges), but probably to some hearing officer the City hires.
I suppose we'll soon start seeing lots of ads from this company, which claims to make a product that will make your license plate unreadable when photographed by red light cameras. (I guess it'd make a great stocking-stuffer for your favorite traffic scofflaw.)
Monday, December 17, 2007
Exchange Closed
OtR: Cincinnati's homegrown holiday tradition

Every year-- since 1994, I believe-- Over the Rhine has hosted its own sort of holiday party. It started at the Emery Theater (whose website needs to be updated-- the last update was in 2001!) and has now moved to the Taft Theater, where on Saturday night (despite the weather conditions, enough to make any Cincinnatian stay home for the evening) they played to a full house.
Karin Bergquist and Linford Detweiler started up the band in 1989 in an apartment on Main Street, and in subsequent years gained a pretty impressive local following. After the release of their 2003 album Ohio, they gained real national attention-- awards, great reviews in national magazines (including Paste Magazine's first five-star review for Ohio), and sold-out tour dates both in the US and abroad.
The Cincinnati Entertainment Awards just this past year voted them "Best Musical Ambassador for the City"-- which is why I'm mentioning them here. Nearly every time I talk to someone from out of town who asks where I live and I say, "Over-the-Rhine," I don't get the response I get from locals (who react as if I said I lived in Gaza or Baghdad), but instead, "Over the Rhine-- you mean, like the band?" This gets a nice little dialogue going-- there's nothing like connecting with someone over music-- and we can talk not just about the band, but the rich history of Cincinnati's neighborhoods-- not just Over-the-Rhine.
If you want to support a local artist this holiday season, pick up their holiday album Snow Angels (available at your favorite local record store).
What do you consider a Cincinnati holiday tradition? Playhouse's A Christmas Carol, the trains at CG&E/Cinergy/Duke? The Nutcracker at the Cincinnati Ballet?
Sunday, December 16, 2007
Joe Wessels To Write For CityBeat
“We were forced to cut the lion’s willy off with the aid of a computer.”

Saturday, December 15, 2007
Conservative Talk Radio Fails
Now, to be clear, a clone of WEBN is not adding much to the local radio climate. I am happy they are keeping Miami sports, however.
Friday, December 14, 2007
Brunner Reports On Electronic Voting, and the News is Not Good
Brunner devised a remarkably aggressive evaluation protocol, engaging both a private consultant and academic researchers to test the integrity of the voting systems used in Ohio. The Hart voting machines, used here in Hamilton County, got particularly low marks. How's this for scary?
The researchers concluded that virtually every ballot, vote, election result, and audit log is “forgeable or otherwise manipulatable by an attacker with even brief access to the voting systems.” The reason is that the mechanisms that Hart uses to protect data and software is frequently based on absent or flawed security models. The researchers concluded that “in most cases these issues cannot be addressed via software upgrades, but call for rethinking of both technical design and procedural practices.”
(EVEREST report at 44.) The Enquirer article mentions some of the EVEREST report's recommendations (particularly the suggestion that votes be centrally scanned and tabulated, a process that Hamilton County BOE officials think could take four days). From a voter's standpoint, the most notable proposal is one the Enquirer misses: Brunner recommends (at pages 77-80 of the report) that polling places that consist of fewer than five precincts be eliminated, and that "Voting Centers" consisting of 5 to 10 precincts each be created. Moreover, she suggests a true "early voting" system through which the "centers" would be open beginning fifteen days prior to Election Day. (And if BOE officials are permitted to scan (but not tabulate) ballots at the end of each day, that may solve the purportedly long wait-time for results created by centralization of counting.)
That's two huge changes, one of which I support but the other I view with some skepticism. Early voting seems like a good idea that should be implemented. We should always be looking to create more opportunities for citizens to participate in the electoral process. I'm concerned with the notion of large "Voting Centers," though, and the impact that change would have on the indigent and marginally indigent. The advantage of single-precinct polling places is that people don't have to travel far to get to their polling place. Consolidating them inevitably means a longer trip for many people, and we should be concerned about what effect that would have on voter participation. Perhaps the two week period for voting would make this a non-issue, but I'm not convinced that the EVEREST group fully considered the potential problem.
All 'Roided Up and No Place To Go
If last season was one in which Stanton was "enhancing" his performance, he apparently needs to find a better method: his ERA was 5.93 over 57 and two-thirds innings. And maybe if Adam Dunn got some help from modern chemistry, he might be able to hustle out a double here and there....
Main Street Treading Water
Well, where it is going at this point is unsure. Cue's opening is good, but the location is slow out of the gate. It appears to me that they are not opening every night they are advertising. Neon's is a mess. Mixx is supposed to open on New Year's Eve, but I am not going to hold my breath. What is happening? Are we just in a slow period of flux? Will 2008 be a big year?
One issue already looks better: Club Red and Club Dream are no more. Good riddance to the bad promoters who catered to the drug dealers and the foolish people who idolize the drug dealers.
Money appears to be the problem with Vinyl and Neon's. Harry's Pizza hasn't opened up either, nothing appears to be happening there.
The situation is right for things to bounce back, but I think and I hope it is not going to be a place for the nutty partiers. An older more sophisticated crowd would be best.
Looking ahead, what will Midpoint do?
Wednesday, December 12, 2007
A Good Deal for Downtown
It also sounds like the kind of deal the City should be making with corporations to keep them around. Yes, FirstGroup gets a million dollars to cover the cost of their move (they should've called Two Men and a Truck, who probably could do it for less!), but the City will recoup that through payroll taxes on newly hired FirstGroup employees. And if FirstGroup doesn't hire as many people as it has promised it will, it has to repay the City itself.
20,000 Federal Prisoners May Be Resentenced
The United States Sentencing Commission, which is responsible for writing the sentencing guidelines under which federal defendants are sentenced, re-wrote the recommended sentences earlier this year, greatly decreasing the discrepancy (resulting in shorter recommneded prison terms for crack offenders). That was big news. But the really big news came yesterday, when (as this article in the Post explains) the Commission voted to make the new guidelines retroactive. In other words, defendants who were sentenced under the old guidelines pertaining to crack cocaine possession and trafficking may now ask their judges to resentence them.
The Post describes the result as "early release," though that's not how the term is usually used. Typically, we think of a prisoner being released "early" when he or she serves less than the full sentence imposed by a judge. Here, the affected inmates will get new sentences (and they will serve the full sentence a judge says that they should serve). And remember: judges aren't required to give new sentences; they can turn down the requests upon a determination that the original sentence was appropriate.
The move by the Commission is nearly unprecedented. Many will view this as justice long denied due to unfair sentencing laws.
(For those who are wondering, Ohio law treats crack differently than powder cocaine, but the difference is not so dramatic. While the (old) federal ratio was 100:1 (100 grams of powder = 1 gram of crack), the ratio in Ohio is between 5:1 and 20:1, depending on the weight involved.)
Tuesday, December 11, 2007
Chabot Shows How He Waffles
Streetcars: Look to Portland
The council member that I believe needs to be pushed hard to support this in the end is John Cranley. He has to run on the Westside and the old school Westside voter isn't going to be keen on Streetcars, unless they see how it can help the whole city, without the line reaching Price Hill or Westwood.
Monday, December 10, 2007
Drop Inn Center: Another Perspective
The article is also one more example of why we'll miss the Post next year.
Sunday, December 09, 2007
Gateway Quarter Celebration
The Gateway Quarter is having a special holiday event on Thursday December 13, and they want all DRCers to know they are welcome to attend. Our neighbors from OTR, Pendleton, West End, etc have also been invited to attend.Hat tip to Jacki D.
Join us December 13 in Over-the-Rhine's Gateway Quarter. The fun kicks off at 6 p.m. with music and refreshments at Enzo's followed by special offers at City Roots, Metronation, MiCA 12/v and Park + Vine. Caroling starts at 7:30 p.m. in the 12th and Vine parking lot. Head to Below Zero Lounge for more holiday cheer at 8 p.m.
Ten percent of all sales go to the School for Creative and Performing Arts.
FREE and OPEN TO THE PUBLIC!
Friday, December 07, 2007
Thursday, December 06, 2007
Choo Choo
300 train cars (0-gauge). 50 engines. 1,000 feet of track. Open 10-6 (except Sundays, when it's 12-5). What more do you need? According to Duke, more than 9,000,000 visitors have stopped by since the trains began running in 1946.
If you're new to the city and haven't seen this, it alone is worth the trip downtown (especially if you have kids). If you're a native who hasn't been to see the trains in a while, then come on down and refresh those childhood memories.
Time To Get Off The Pot
I was excited when, earlier this year, Eagle Realty proposed the construction of a large condo complex on the site. (For those who don't know, the parcel we're discussing is the parking lot adjacent to the Millenium Hotel.) But once again, Eagle Realty has failed to deliver a concrete plan to accomplish anything other than more empty promises.
Don't get me wrong--cutting through that parking lot when walking from my home to my office saves me about half a block of shoe-wear. But Eagle Realty has had the development rights since 1998 (it's been a parking lot since 1999; before that, it was an office building).
Maybe Eagle Realty isn't the right company for the job. Maybe the City needs to deny an extension and open up some sort of bidding/proposal process to determine which company is best-suited to do something with the space. But it's too valuable a location to allow Eagle Realty to hold onto the rights in perpetuity in the absence of any real sign of progress. And if there is progress, then it ought to be shared publicly: for instance, is there any financing in place for the putative condo building? How about feasibility studies? Construction timetables?
When it takes eight years to put together a plan to develop one block of space, it becomes clear why the Banks is taking so long.
Visibility Problems
The episode brings up one of my biggest pet peeves about downtown: why is Tower Place Mall so invisibile? Frankly, if you don't know it's there, you could walk past it on Vine, Fourth, or Fifth many, many times without any awareness that you're walking past a mall.
If we're serious about downtown being a destination, then we need to start acting like downtown is someplace where people from outside Cincinnati want to be (rather than just hoping they'll drop in). Visit other (more booming) cities' downtown areas and you'll find strategically placed maps. Why don't we seem to have any of those? Even UC has figured out that permanently-affixed maps help people find their way around campus; why not the same for downtown? Or more signs (geared towards pedestrian traffic) with arrows towards major attractions (Fountain Square, Tower Place, CAC, the Underground Railroad Museum, and Music Hall, just to name a few)?
Downtown needs to be more than merely safe (which, by the way, it is): it also needs to be accessible and accommodating. Let's work on that.
Tuesday, December 04, 2007
Criminal or hero?
(Edited location for accuracy.)
What Happened To The Humans? -- Part Deux
Sunday, December 02, 2007
What Happened to the Humans?
Saturday, December 01, 2007
NPR Misses the Story
The story however just glossed over the issues. It gave no history of the neighborhood, of the effort to make a better neighborhood, and of the foolish choice to move the social services to OTR in the first place. It played into the false stereotype used by the NGOs. When people listened to that story and when they heard the term "homeless" what came to mind is the image of a person down on their luck, living out of their car, who were hurt by the system, not by any of their own actions. In reality, the people in question are "homeless" because of their own actions. They are felons, alcoholics, and drug addicts. The mentally ill are part of this group, but I would say in most cases it is not their "fault" for being there. Unless they refuse to take their meds, the fault lies with the state for eliminating institutions to care for the mentally ill, or families who are unable to find a way to care for their mentally ill kin. If people don't agree that the mentally ill should be put into good facilities, then I think they must be mentally ill themselves.
More Seafood for Downtown
The executive chef will be Justin Dumcum, who previously held that position at Palomino and Jeff Ruby's South Beach Grill.
While I'm a little concerned about whether the downtown market can really sustain both the Oceanaire and McCormick and Schmick's, it's great to see another storefront occupied.