Sunday, February 21, 2010
Shoulder to the Wheel, Nose to the Grindstone, Eye on the Ball......
Most of you know that Wednesday, the local blogosphere erupted over a Vanity Fair article that made a gratuitous, cheap shot at Cincinnati. As far as I knew, the hubbub began with this post from Kate the Great. (Apparently, other bloggers had seen and posted on this days earlier.) I did what I often do when I see an interesting blog item: I linked back to it and provided my own commentary. Within hours, Tom Callinan of the Enquirer did the same thing, linking back to KRM and here. Then Griff called me on the phone, telling me Fox 19 News was looking for me for comment. I got in touch, they asked if I'd speak on camera, and I agreed. So I ended up on TV for a few seconds. (Sadly, Kate the Great was apparently unavailable to defend the honor of the Queen City that afternoon, so I got pulled off the bench and into the lineup. I kind of wish I'd had 6 months to lose about a hundred pounds before the interview. Or that the camera man had taken a wider shot. We all should have been spared that close-up on my multiple chins. :-) )
But what (I suspect) only a few of you realize is that my commentary on VF was only the second time that week I was quoted in the traditional media. The first was last Sunday, when a front-page article in the Enquirer discussed recent changes in the practices of the HamCo clerk of courts in handling complaints filed by private citizens (i.e., criminal cases that are initiated by an affidavit that is not signed by a police officer). Deep in that article, which was written by Dan Horn, I'm quoted.
This weekend, I'm left reflecting on the two very different responses to the two articles. When Horn's article came out, I was pleased to read it and proud to be quoted. The private complaint issue is one that I'd spent time on in my day job. Horn didn't find me because of the blog or simply because I'm a criminal defense attorney; instead, this was something I'd worked on. I thought the article would foment some discussion. While I believe the law requires the change the clerk's office has now made, I also recognize there's another side to the issue: private complaint referrals were a way to preserve police resources. Eliminating them may make it more difficult--or impossible--for some victims of minor crimes to seek redress in the criminal justice system, as the gatekeeping function of a police officer's job will become even larger than it has been.
My post on VF, on the other hand, was a knee jerk response. It was meant to be a brief diversion on a day I hadn't had time to grab lunch. There's nothing particularly controversial or even worthy of an extensive discussion in that post. Of course we all (or most of us) like or love Cincinnati. And is it really news to any of us that lots of people who live on one of the coasts or overseas don't view midwestern cities as desirable places to vacation? Shocking!
So what interest was generated by each? Last time I checked, the Enquirer article on the citizen complaint issue had about 45 comments. Callinan's piece on VF? 200.
No one outside the blogosphere cared much about my post on difficulty finding emergency shelter for a client. Personally, I think that's a much more important story than our mutual love (or lack thereof) for the Queen City. Jack is involved in an important lawsuit about how we help former inmates re-enter society after they've "paid their debt." While the media has covered it, the post here generated a total of zero comments. (Perhaps the post was poorly written. I'll certainly admit that's possible.) And the Enquirer's article (a well-written one by Dan Horn) garnered fewer than half the comments than Callinan's VF piece did.
What's my point? I'm not sure. It was nice, of course, to email my parents and tell them I was on TV, or to tell my friends over dinner Wednesday to watch the news that night. But nothing that happened that day or the next accomplished anything. No one's life was made better. No cause was advanced.
The past week reminds me of why I originally accepted Griff's invitation to blog: to write about things that matter. It's the same reason I became a lawyer: to do things that matter. This doesn't mean I'm not going to continue to post on some great place I had lunch or cheer on the Bearcats. But I want to make sure I'm spending the bulk of my time here and--more importantly--in my practice on things that really shape people's lives. I want to make a difference, not to simply be a cheerleader. Both my job and this blog leave me in a unique position to do that. I just need to make sure I focus on the important stuff.
Reports from Cincinnati Casino Charrette
It is excellent to see the community taking an interest in the direction of this project. For those of us living in OTR and the Downtown area, the Casino will have a large impact on our quality of life. Depending on how this project is designed, completed, and operated, that impact may be net-negative. Citizens obtain more information about the plan for the Casino will at least give us a chance to prepare for problems and may make Civic leaders aware of issues that may arise before they get out of hand.
Greg Korte of the Enquirer also has an article on this event.
For those not familiar with the term: Charrette.
Friday, February 19, 2010
Four Fewer Council Members?
In the end, there are fair odds that one of the four could win in November. It all depends on the primary battles and the various November match-ups, which are very interesting. If Monzel wins, I think both Thomas and Tarbell could beat him. Ghiz likely would beat Thomas, but Tarbell vs Ghiz would be more of a barn burner. (Yes, at this point, Huber E. Brown is an also ran.)
Cole vs. Reece is really a fascinating primary. This will be a hardcore retail political effort where each candidate will have make the face to face personal connections to primary voters, in order to get the numbers to win. Advertisements and signs are not going to be as effective.
The only strategy out there could be for Cole/Reece to save some money and work with Thomas. There could be joint events, but otherwise the messages will be different. Reece/Thomas would logically be a better fit, based on overall ideology, but who knows. Each campaign may not have time to even bother working together, since the clock is ticking so fast.
Thursday, February 18, 2010
Shepard Fairey's Work at Arnold's
Shepard and his team even stayed at Arnold's for lunch out in the courtyard. That's how you experience this city.
Don't forget to hit the CAC this Friday for the Free Opening starting at 8 PM. Shepard Fairey will be DJing. Do not miss this event, it will be memorable. Blogger(s) may be dancing.
Tuesday, February 16, 2010
Vanity Fair Trashes Cincinnati
The February 2010 issue of Vanity Fair contains an article belittling the Creation Museum. I'm all for being scornful of the strict creationist approach to history, as I believe carbon-dating is a much better method of determining the age of the earth than is the "begat method." So if someone wants to ridicule the Creation Museum, I'll not get in the way; I've done it myself.
But for some reason, a funny thing happened on the way to the museum: the article's author, A.A. Gill, developed (and now expresses) an intense dislike of Cincinnati. I was prepared to do a thorough fisking of Gill's little screed, but Kate the Great has done it better than I would have.
I thought, though, that maybe we could all debunk Gill's swipe at Cincinnati--that the city has "meager pickings to boast about." (He goes on to suggest that if cities had highlight reels, ours would be dominated by the Creation Museum.) So, dear, readers, what do you think Cincinnati has to brag about?
Kate got us started with a list (of course, she's brewing for a fight when she picks Cincinnati's "best" restaurant). To her suggestions, I'd add:
- a top-rate symphony orchestra that just took Carnegie Hall by storm
- a thriving arts community, ranging from the Tony Award-winning Playhouse in
the Park to the Cincinnati Art Museum; - the MidPoint Music Fest, which now features bands from across the country;
- the nation's oldest professional baseball team;
- two top-rate academic institutions in Xavier and the University of Cincinnati, both of which also provide the region with high-caliber collegiate athletics; and
- the National Underground Railroad Freedom Center.
That's just a quick list I compiled in about 30 seconds. Gill should come back: I'll show him around, if he's not too busy looking down his nose at me.
Feel free to suggest your own places for Gill to visit on his return trip in the comments, or in a letter to the editor, which can be sent to letters@vf.com or via facsimile transmission to 212-286-4324.
Sunday, February 14, 2010
Veterans Courts?
As Hamilton County (along with the rest of the nation) struggles with how to best rehabilitate individuals who commit crimes, we'll no doubt be talking more and more about solutions like these.
The Deen of Food Network Coming to Music Hall
The cooking demonstration is at 7:00. For $175.00, you can have a seat onstage. (Prices go as low as $40 for rear balcony.) For $200, you can skip the demonstration, but have a three-course meal and "one-on-one" interaction with Paula at 5:30.
I really like Paula Deen and would love to see her in-person. (Yes, this will subject me to some ridicule in the comments. So be it.) But I have a tough time justifying spending 175 bucks for an onstage seat, even though I know it would be a great experience. I enjoy going to baseball games, too, but can't bring myself to buy a diamond seat at GABP, either.
Have any of you found a rationale (and the willpower) to pony up that much cash to rub elbows with cooking greatness? If so, let me know what you told yourself that made you feel OK about writing that check; maybe it'll work for me, too.
Suit Seeks to Reform Prison System's Transitional and Post-Release Policies
This is an extremely important issue. Every criminal defense attorney in town can talk about representing individuals who are accused of committing new offenses within months of release from an Ohio prison. It happens because there are simply too few resources to help ease the transition between incarceration and freedom. That transition can be difficult for anyone, but can be a nightmare for a former offender with significant mental health issues. The lawsuit seeks to force the State of Ohio to implement more transitional programs. These programs would constitute a "reasonable accommodation" of a disability, a mandate of the ADA.98. Defendants’ failure to engage in necessary pre-release planning for these inmates results in a “revolving door” phenomenon in which inmates with psychiatric disabilities are released without adequate support and accommodations, and are then reincarcerated for manifestations of their psychiatric disabilities.
99. Defendants fail to provide Plaintiffs and the class they represent with requisite pre-release accommodations, including but not limited to facilitating the submission of pre-release applications for assistance that would enable eligible Plaintiffs and the class they represent to obtain SSI, SSDI, Food Stamps and Medicaid immediately upon or shortly after their release from prison, connecting the offender with mental health services in the community in which they will be discharged, and insuring that the offender is discharged with appropriate medications. These accommodations could allow Plaintiffs and the class they represent to make a successful transition from the prison and into a community. Defendants could make important improvements in pre-release planning by taking a series of easy steps at little or no additional cost, yet they have failed to do so.
The plaintiffs are represented by the Ohio Justice and Policy Center, Advocates for Basic Legal Equality, and--oh, yeah, our own Jack Harrison of Frost Brown Todd.
Interestingly, a possible solution--though one that has to be implemented locally rather than state-wide--may be discussed in a piece posted yesterday by USA Today. It talks about the success of the Richland County Reentry Court, a specialized docket (much like Hamilton County's drug or mental health courts) designed to put recently-released inmates in touch with the resources they need to survive outside the institution.
OJPC has been extremely successful in achieving statewide reforms with past lawsuits. Over the last five years, OJPC reached agreements with the state regarding the medical care of inmates and (separately) regarding Ohio's juvenile justice system and DYS. It'll be interesting to see what comes of the present litigation.
Friday, February 12, 2010
Winter Shelter Remains Open
Thursday, February 11, 2010
Fair and Classy, a Lesson for COAST
Wednesday, February 10, 2010
Winter Shelter Emergency Continues
The weather temperatures are frigid: tonight's low is expected to be 21 degrees, with lots of wind. Tomorrow night, the temperature will drop to 8 degrees.
Tuesday, February 09, 2010
Cecil Thomas Is Running For Commissioner
Thomas' hemming and hawing does not bode well for him as a candidate. Thomas is not known as a big retail campaigner. Tarbell knows how to campaign face to face well and appears to like doing it, that edge goes to Tarbell. Thomas is an elected Democratic official, while Tarbell ran and won as a Charterite, edge to Thomas. Tarbell may need to get some party allies lined up. I would look see who Roxanne Qualls backs. She is the most popular political official in the city. If Jim can get her supporters along with the suburbanite Dems, he will go along way.
This will be a difficult primary race to analyze. We've not had Dems face off against each other for county wide races since I've been in town, so, almost 20 years.
Winter Shelter Emergency Tonight
Cincinnati—Mayor Mark Mallory and Dr. Noble Maseru, Commissioner of Health, today jointly declared that a Winter Shelter Emergency will be in effect tonight and will end on the morning of Wednesday February 10, 2010. This means the emergency Winter Shelter located at the Over-the-Rhine Community Center, 1715 Republic Street, will be open tonight from 10:00PM until 8:00AM. Social service agencies and community organizations should refer persons who are not accepted by existing shelters to the OTR Center.
A Winter Shelter Emergency is declared when temperatures are in the single digits and/or wind chill is in the single digits for sustained periods of time; when it is determined that regular shelters are expected to be filled to capacity; and life threatening conditions could result from lack of temporary housing. In addition the Winter Shelter Emergency communication system remains activated.
The release also offers instructions for anyone wishing to donate time, money or supplies:
Though very much appreciated and valued the OTR Emergency Weather Shelter
is not equipped or staffed to handle unexpected donations. Please advise individuals interested in making food or clothing donations, or volunteering their time, they should first coordinate with Josh Spring of the Greater Cincinnati Coalition for the Homeless at 421-7803 ext 13 or 716-7455 (cell).
Snow Day
Monday, February 08, 2010
The White Death, Part Deux
Predictions:
1) I will lose my voice screaming at the cars going 10mph on I-71 as I drive into work tomorrow morning.
2) I will step in a total of six piles of slushy snow during the next 48 hours.
3) Some will want to throw a snow ball at my head, but will hold back, intuition telling them not to get into a snowball fight with a man who grew up near Buffalo.
Saturday, February 06, 2010
A Metropole Moving Day
- Did 3CDC pay for the mover? I hope they did.
- How many people holding out for more attention/money are left?
Friday, February 05, 2010
Leveraging the Lockout?
I've been thinking that there ought to be a way for the county to use the possibility of a lockout in 2011 to its advantage. My first thought was that a lockout could mean low revenues for the Brown family, so maybe there'd be a way to defer some HamCo payments until 2011. But it turns out that the teams will make a killing on TV revenue regardless of whether games are played. So that's not the answer.
But here's another thought: if the owners lock the players out--that is, if the NFL decides not to have games (and it's not the result of a strike, but instead unilateral owner action)--would the county have an argument that the Bengals were in breach of the stadium lease? If that argument exists, then perhaps the county could agree to waive the right to declare a breach in 2011 in exchange for more meaningful concessions from the Bengals now.
I haven't read the lease (I can't find a copy online), so I'm not sure if this is viable. And since all of the commissioners are lawyers, and they have some really good lawyers working for them in the civil division of the prosecutor's office (in addition to outside counsel), I'm not sure anyone needs my input; it's just a random thought on a dreary Friday afternoon.
Thursday, February 04, 2010
Left Out in the Cold

My criminal defense practice includes representation of the indigent. This past Friday, I met with a client we'll call Mary to discuss an upcoming case. She's charged with a relatively minor offense. As we neared the end of our meeting, I sought to confirm the address in my file, so that I could send her notification of new court dates. She confided that she was presently homeless. I asked where she'd been sleeping, assuming that the answer would be the Drop-Inn Center. (Residents of the Drop-Inn Center can receive mail there.) She told me that she'd spent the last two nights sleeping in doorways or on park benches, because she'd not gotten to the DIC in time to get a bed.
As Mary, obviously exhausted, began to cry, I thought back to that morning. I remembered leaving my apartment at 7:00 that morning and how cold it was. I remembered that I'd parked my car near my residence the night before (I usually leave the car at my office, about six blocks away, and walk) because I'd decided it would be too cold to walk all the way to the Justice Center, where that day would begin for me. I also remembered grumbling because my car never warmed up on its 11-block, cross-downtown trip. The low temperature Friday was 12 degrees. I couldn't imagine having spent a night on the street in those conditions, much less two.
So I asked Mary to wait while I went to another room to see if I could figure out how to get her off the streets, at least for the night. I started out by calling the two women's shelters I know of in Cincinnati. The Anna Louise Inn is a terrific place but, as the woman who answered the phone explained, emergency shelter--particularly for women who don't have children in tow or a history of prostitution offenses--isn't really its mission. My next call was to Bethany House, another great organization. But it only has a few beds, none of which were available that night.
I was starting to get frustrated. I had really thought that I could pick up the phone, make a couple calls, and solve a problem. So I tried to reach out to a couple of social-worker type folks who have been helpful in the past. Unfortunately, neither of them were at their desks that afternoon. Someone else I talked to gave me the name of someone else who should have plenty of contact information at his fingertips. Unfortunately, his suggestion was Bethany House, with whom I'd already struck out.
Then I decided to call the Drop-Inn Center. I knew before calling that I wouldn't be able to "reserve" a bed for Mary, but I thought they might have other suggestions, or at least a tip on how Mary could assure herself of a bed. The woman who answered the phone explained that the DIC opens its doors at 8:00 pm and takes residents on a first-come, first-serve basis. She recommended that my client get to the DIC by 6:00. As we were talking, I realized that the "city cold shelters" I'd vaguely heard about must be open. I asked the woman if she knew whether they were. She didn't. I asked her if she knew where the Downtown/Over-the-Rhine cold shelter was. She didn't. She referred me to a website that didn't contain this information, either.
At that time, I had no idea where the "cold shelters" where. The only times I'd heard of them had been when a newscast would announce that the city had opened them. Nonetheless, at least that gave me a starting point. My next call was to the City Manager's office. I assumed someone there could give me the information I needed. Wrong again. The cold shelters aren't a function of the City Manager, I was told. Instead, they're run by the City Health Department. The woman gave me the department's number and transferred my call. After hearing the phone ring a few times, I got the voicemail of the Health Department's Public Information Officer. I hung up and dialed the number I'd been given, which of course was answered by the PIO's voicemail.
My frustration had moved towards seething anger. I'm a lawyer. Sometimes, accomplishing goals for clients requires that I work the phone. So I've gotten pretty good at that task over the last few years. But I was hitting roadblock after roadblock. No one, it seemed, had the information I needed. Or if they did have the information, they weren't answering their phones. I was particularly upset with the Drop-Inn Center. Why wouldn't they have information on the cold shelters readily available given that they know that (a) the DIC is over-capacity, and (b) it's really, really cold? Besides having the information near the phone, shouldn't they have that information posted at the front door, for anyone who was turned away?
If I were having so much trouble, how must it be for someone who actually needed the information for him- or herself? Someone with limited education, without regular access to a phone, and who was sleep-deprived? Would they have any chance of doing better than a park bench if there were no room at the Drop Inn?
Turning back to the web, I checked to see if the number I had was the main number for the Health Department. It was. I tried another number that should have been useful. Voicemail again. (It was not, by the way, past 3:00 yet.) I finally tried a randomly selected extension, and got a human being. She was kind enough to check whether the shelters were open (they were supposed to be), and where the nearest one was located (the recreation center on Republic, just north of Liberty). She told me when the shelters open (10:00 at night).
I went back to Mary and apologized for keeping her waiting so long. We worked out a plan: she would get to the Drop-Inn Center by 6:00 and wait there. If she didn't get a bed, then she'd walk the few blocks to the cold shelter on Republic. I wished her luck.
Mary's court date isn't for a few more weeks, and I don't have a way to contact her in the meantime. So I don't know whether she got off the street that night or the next. Now I know that on Saturday night, the City closed the cold shelter, apparently because it was too warm. (The city's standard for opening the shelters is single-digit wind-chills. The low temperature Saturday was 16 degrees. The low temperature Sunday was 9 degrees. The city was really so confident that from Saturday night to Sunday morning, the windchill would remain above 10 degrees?) I hope that next time I see Mary, I'll learn out she found shelter through the weekend, and has found a stable housing solution. But until then, I'll wonder.
There were lots of failures last week. There's clearly a dearth of options for homeless, single women in Cincinnati right now. There's seemingly no good clearinghouse of information for people who need emergency shelter. The Drop-Inn Center, which should have a lot of knowledge about places to which the homeless can turn, either doesn't have it or isn't sharing it. And the City isn't doing a good enough job of publicizing, on a daily basis, whether the cold shelters are open and where they are.
WLWT quotes Pat Clifford, Drop-Inn's manager:
Clifford stressed that while most people hear about them on the cold days, the
Drop Inn Center is serving and acting as the community's open door all year
long.
As far as I could tell, the door wasn't all that open last week. And no one else seemed terribly interested in answering other doors, either.
Wednesday, February 03, 2010
Dear Cecil Thomas, It's Time to Get Off, Love: the Pot
Maybe The Trash Police Really Are Coming....
Nonetheless, I recognize that Mt. Rumpke cannot continue to grow ad infinitum. So increased recycling--assuming it doesn't come at the expense of social services or other core government functions--is probably a good thing. But I was disturbed by the following from the Enquirer's article on the new bins:
Each cart will have a tag that can be read from a collection truck. That tag will tell the city who's recycling and how much. Those who recycle most will earn points to redeem through a system called RecycleBank, which offers rewards from stores including Whole Foods, CVS and Bed Bath & Beyond.
Really? The city is now monitoring how much individual households recycle? It makes me glad I'm an apartment-dweller.
Does anyone remember two years ago, when Chris Monzel proposed a fine for people who put "inappropriate garbage" in city-owned trash cans? At the time, I ridiculed the suggestion, as did most of our commenters.
But is it paranoia to think that the city's new recycling program is the first step towards punishing people who don't recycle enough? Now that the cans are being distributed, what would stop the city from calculating how much a typical household should recycle, and punishing (i.e., taxing) anyone who falls below some threshhold level? Some, no doubt, would think that to be a terrific idea. I'm concerned, though, any time we find new ways for the government to know more about our daily lives. (Yes, I realize I have no right to privacy in trash--or recycling--I leave at the curb; however, constant government monitoring of each citizen's trash/recycling habits is far removed from the possiblity that a police officer, looking for evidence of a crime, might snoop in an individual's abandoned trash.)
On the bright side, one of RecycleBank's partners is Cold Stone Creamery. So at least there will be ice cream.
Some Downtown Food Blurbs
1. Mayberry's Beer and Cheese Tasting
You may remember that a few weeks ago, I mentioned that Mayberry was having a beer and cheese tasting. It was, frankly, a terrific event. For $20 bucks, you got five beers and five cheeses, which were served on two different cheese plates. The first plate held mozzarella, goat cheese, and camembert. Those were joined by a candied fig (mmm!) and whiskey-infused strawberries. The second plate yielded gorgonzola and a three-year old cheddar, accompanied by dried cranberries and truffled honey. (Yes, I said truffled honey. Amazing!) I hadn't ever thought of pairing beers with cheese, but Mayberry clearly had. It's fully a week later, and I still want some more gorgonzola. Of the five beers, there was one I'd had before, and the other four were revelations (delicious revelations).
So it's official: I have a man-crush on Josh Campbell, Mayberry's chef.
2. Mr. Sushi is Open!!!
Whoopie! (Typed without sarcasm.) We have sushi downtown! Mr. Sushi opened in the 580 building, on 6th Street next to the defunct Oceanaire. I went for lunch today (I thought I might be the first to blog on the restaurant, but Polly Campbell, who actually knows something about food, beat me to it.) My friend and I ordered take-out (we had fooled ourselves into believing we'd eat at our desks and actually work this afternoon). The sushi rolls run between five and seven dollars. I had a tuna roll, a salmon roll, and another one whose name I forget--basically a spicy tuna roll with lettuce leaf. (Yes, a lot for lunch, but I was worried a partner back at the office might try to swipe some.) They were all quite good and the restaurant was quite busy, even by 11:30.
3. Abby Girl Sweets is Downtown.
Josh may be the subject of my man-crush, but I've got a full-on infatuation with whoever Abby Girl is. Her cupcakes are divine.
Abby Girl Sweets is on 5th next to the Havana Martini Club. The flavor of the week is tangerine. I ordered one, worried it could be too sweet, but it was perfect. I can also report that the chocolate, the carrot cake, and the "neapolitan" (strawberry cupcakes with half vanilla, half chocolate frosting) are all delightful. (For anyone who knows I'm supposed to be dieting: of course, I wouldn't have tried these myself. I must have heard about how good they are from others. Yeah, that's the ticket.)
* Edited for the sake of my patient though long suffering parents (who just marked their 40th anniversary!), whose hopes for grandchildren have dwindled so low they're buying a puppy.
Hey Downtown Nightclub Staff and Regulars!
Tuesday, February 02, 2010
A MMA Blog, Really?
Monday, February 01, 2010
More on SCPA and 'Taking the Stage'
2010 Bockfest Sausage Queen Competition Dates Set
The Sausage Queen has few qualifications other than being 21 and likeing Bock beer and Sausage. Additionally, there is more innuendo at these events than can fill your mouth. (You know, fill it with ground up meat inside a casing. What else were you thinking?)
Anyway, this year's event branches out to Northside and Covington, so be sure to get your friends to enter the contest. I think if you pretend there is a prize, like say a year's worth of bock beer, you might get your really cute next door neighbor to take part. Seriously, costumes earn more points. And I can tell you that points matter in a really serious event such as this. The bribes have been known to go way beyond free beer. People bring baked goods! Yes, a clear violation of all things that are holy, but hell, all's fair in love and war and the Sausage Queen competition.
The preliminary events are:
Friday, February 12, 9PM, The Comet, 4579 Hamilton Avenue, Cincinnati
Thursday, February 18, 9PM, at Arnold's, 210 East 8th Street, Cincinnati
Friday, February 26, 9PM, at the Blue Bar, 266 Pike Street, Covington
Saturday, February 27, 9PM, at Milton’s, 301 Milton Street, Cincinnati
The Finals will be during Bockfest on Saturday March 6th, 8PM at Bockfest Hall.
For more information, check out www.bockfest.com.
Sunday, January 31, 2010
COAST Caught Lying Again
DITTO. RT@amybsells:Challenging to come up with new ways to tell [CITY] to stop spending and start saving if they want to buy a [TROLLEY].
Then if you simply link on the profile of the person they are re-tweeting, you can read this:
Finding it challenging to come up with new ways to tell people to stop spending and start saving money if they want to buy a house.
So a house equates to a "Trolley" and people equates to the "City?"
COAST has being cherry picking Twitter post looking from anyone and everyone complaining about any rail service problems. You can find people complaining more often about highway traffic and road conditions, but COAST will ignore anything that does not fit their agenda. I guess today they couldn't find any posts about some kid pissed they missed their train and instead COAST just TOTALLY changed what a person was talking about and tried to pass it off as a call to the City, thinking that using [] will be enough to fool people into thinking this person was agrees with COAST's desire to kill any and all public transportation.
This is what we in the sane world call Lying. It is nothing new for COAST, so for those who know what the group has done before, this will just be more of the usual.
If any politician associates with this group, they are working with liars, out to mislead the public. Their credibility was dead long ago, this is just being pathetic.
"So You Want To Be A Rock 'N Roll Star"
I hope people understand that this is nothing but exploitation of a school for benefit of no one but MTV. It will not make the careers of the students. This is really looking like a mistake for CPS.
The School gets attention, nationally. That is a win, but is it enough? Is it worth it? Does the SCPA really want to attract new students here with the false hope that they can have their break and be rich quick? This is not the way I would want to begin the next school year in a new building. We need our schools to be about all of the students and not about outside production schedules.
Saturday, January 30, 2010
Jim Tarbell Running For Commissioner
This is very interesting news. If he wins the primary, would he get a Charter Committee endorsement? I'm not sure how Jim will play outside the city, but he should far well within the city, and would counter both Ghiz and Monzel strongly.
UPDATE: I guess we now may know why Cecil Thomas is not running, after he said he was considering it.
Thursday, January 28, 2010
Was this CityBeat Article Actually Meant for the Enquirer?
CityBeat is a liberal/progressive paper and more often than not it chooses subjects that would not present a positive viewpoint of an 'anti-abortion' organization. For example, a question that I would have asked the group, and I think most of the CityBeat staff would as well: Does the Pregnancy Center provide contraception? A follow-up question if they said 'no': If part of your mission is to prevent abortions, why would you not take the simple action of giving people the means to prevent unwanted pregnancy? That question may have been asked, but it wasn't in the article. If the group had said they do give out condoms or birth control pills, then that would earn the headline it got.
This story is something I would have expected to read in the Enquirer. This is how the Conservative bias of the paper comes through, especially with the headline used. The article has balance, but gives the subject, one the print readers of the Enquirer favor, a positive spin it likely does not deserve.
Add this to a pro-marriage insert this week and you would think there's a spy over at CityBeat's offices!
Layoff the Magic Mushrooms, Brinkman
Tuesday, January 26, 2010
Dear Freeman McNeil: Where Was the Black Vote?
“Black folks in Cincinnati make this a Democratic city,” McNeil said. “We have not received anything in return.”Two points Mr. McNeil may want to consider: 1)The Hamilton County Democratic Party is more than just the City. 2)Where were the black votes in the 2009 council election?
In 2008 there was a huge turnout in predominately African-American Wards in the city proper, yet in 2009, those same wards saw a decline below the 2005 voter turnout, even with a Mayor, who happens to be black, up for re-election against a white Republican. The Democrats lost a seat on council, so the failure to get the out the vote falls on whom? If most of the black members of the HCDC's executive committee claim that blacks are responsible for the City being Democratic, then why did the ballots cast drop in most of the predominate black city wards in the 2009 city elections?
Ward | Neighborhoods | Change in Registered Voters 09-05 | Change in Ballots Cast 09-05 | ||
0 | City Wide | 13,478 | -91 | ||
1 | Mt. Washington/California | 384 | 730 | ||
2 | Madisonville/Oakley | 563 | 231 | ||
3 | Evanston | 307 | -373 | ||
4 | Hyde Park | -22 | 253 | ||
5 | Mt. Lookout/Linwood | 379 | 400 | ||
6 | Downtown/OTR | 1,248 | 226 | ||
7 | Roselawn/Bond Hill | 532 | -351 | ||
8 | Mt. Aburn/Mt. Adams | 270 | -77 | ||
9 | Walnut Hills/E Walnut Hills | 221 | -154 | ||
10 | OTR | 588 | -43 | ||
11 | Clifton Heights | 366 | -115 | ||
12 | CUF | 958 | -105 | ||
13 | Avondale/North Avondale | 341 | -650 | ||
14 | Pleasant Ridge/Kennedy Heights | 452 | 46 | ||
15 | Clifton | 808 | -68 | ||
16 | Queensgate | 225 | 0 | ||
17 | West End/OTR | 816 | -117 | ||
18 | West End | 87 | -194 | ||
19 | Sedamville/Sayler Park | 167 | 202 | ||
20 | Price Hill | 562 | -20 | ||
21 | South Fairmount | 180 | -86 | ||
22 | Northside/Camp W/S. Cummingsville | 527 | 16 | ||
23 | College Hill/Mt. Airy | 1,045 | -29 | ||
24 | HartWel/Carthage | 532 | 74 | ||
25 | Price Hill(Covedale) | 833 | -18 | ||
26 | Westwood | 1,109 | 131 |
I'll get called names for pointing this out. I know certain people (like guys who wear capes around town) will surly call me all sorts of things for daring to put numbers back into the face of black Democrats using the race card to get someone a job. I'm doing it anyway, and it's not the first or last time. I'll survive.
It could have been so much easier. Instead of handling this with wisdom and discretion, it was put out in the press. Division and discourse plays right into the hands of Republicans. Instead of playing games race, why not look at the qualifications of executive director, Caleb Faux? Here is the ED of the party who just over a year ago help steer the county Blue for the first time in decades and for a black candidate as well. Having over 117,000 non-city residents vote for Obama is a big deal. He didn't do it on his own, but as the ED, he gets some of the credit.
Now, its time to get past this and sing a happy tune. There are elections to be won this year.
Attention City Council - You Have a Job, Currently
I think we have a new FIVE to mock, but I don't have a catchy name. Once they leave office maybe they be the Forgettable Five.
Monday, January 25, 2010
Cole vs. Reece
I think there would not be a big cry from anyone if Cole left City Council.
Sunday, January 24, 2010
Fine Arts Fund's ArtAlive Party Feb 20th at the CAC
$25 in advance ($30 at the door) gets you a great night of excitement including special live performances and the opening of the Shepard Fairey: Supply and Demand exhibit at the CAC. Add in great food, a drink, and mixing with the people who make Cincinnati vibrant and you have an evening not to miss.
If this isn't enough, that whole weekend, Feb 20th - 21st, is the FAF's Sampler Weekend filled with FREE arts events all across the metro area.
Friday, January 22, 2010
So When Does Monzel Move to the Suburbs?
The highlights of the speech were:
- Monzel calling himself a 'Son of the Suburbs.' I guess 'Son of the South' was taken?
- Monzel promised to not raise taxes, but has no plan to deal with the budget shortfall. I wonder if he was facing a foreclosure at home, would he refuse to get a second job to pay off his mortgage payments because he made a pledge not to increase revenue? Not paying your bills must be worse than taking the hit and telling the kids what they can't have. No health-care? No food? I'm sure he'd call for giving up milkshakes, which 'would' prevent a foreclosure in most families.
- He held his press conference at an electric car company showroom. I am guessing the Tea Baggers are going to put a hit out on him for doing that.
Wednesday, January 20, 2010
PNC Music Series to Return in Force to Fountain Square
Last year's Indie Summer events every Friday were great showcases to the best of local Cincinnati music as well as some special shows like the Fiery Furnaces.
The weekly line will be:
Monday: Jazz
Tuesday: Country, Blues
Wednesday: Reggae
Thursday: Salsa on the Square
Friday: MidPoint's Indie Summer
Sunday: Gospel, Soul and R&B
Building Cincinnati Likely to Cease Publication
I personally hope Kevin can continue his blog in any form possible. His voice is important to the Cincinnati area blogging community and he has and hopefully will continue to contribute to the development of Cincinnati and its urban core.
Tuesday, January 19, 2010
Beer, Cheese, and Movieoke
On Wednesday, January 27 from 7 to 9 in the evening, Chef Josh Campbell of Mayberry (on Vine Street next to Hamburger Mary's--it's a creation of the World Food Bar Restaurant Group) will host a beer- and cheese-tasting event. Seating is limited to just 20 people (well, 18, since I've already made my own reservations!), so call now to reserve your spot. It sounds like a fun evening. (I can't imagine anything other than a great time when you combine beer, cheese, and Josh's culinary talents!)
On the same night, beginning at 8:00, the Below Zero Lounge will host a "movieoke" night. The concept, as I understand it, is similar to karaoke. You get together with a friend or two, and the video to a movie is played while your group lip-syncs the lines (which are provided). When experienced with copious amounts of alcohol, I suspect this is a fun time, too!
MusicNow 2010 Announces Dates and Line Up
Tickets are on sale now. $20 per night and $50 for 3 day pass.
Monday, January 18, 2010
WNKU Goes "All Music"
WNKU is making a smart move. It long ago ceded news programming to the more powerful WVXU station. By focusing on a unique mix of music, they stand to gain listeners and better serve those they have. It also hopefully will increase the rotation of local recording artists and I hope the morning program can be a showcase for local bands and artists.
What Exactly Is Smitherman Protesting? Seriously!
The article from the Enquirer states that the protests are about working on MLK day. Seriously? This is what the protest is about? Working on a holiday? That is not a civil right and Smitherman knows that. Private companies, which are doing the construction, can be open for work any day they wish. I did know it was a priority of the NAACP, to require private companies or even vital public services to refrain from working on this particular holiday. Why would Chris Smitherman make MLK into a political football? Today is a day we should remember the man and his message and honor him. Today is a day that many people fought for and wanted, not as a political day, but a day where everyone (all races!) can honor what Dr. King did and the dream he died for.
I'm surely going to get flack from some for daring to criticize the leader of the local NAACP on today of all days, but I believe that is, in part, what Dr. King wanted: everyone to be judged by their actions, not given leave to exlpoit ideas and a movement for their own embellishment. I'm judging Smitherman by his actions and his actions are not of a man looking to help people, they are the actions of a man looking to help himself and a few of his allies. That does not do justice to anyone's memory, no matter how superficially similar it may appear. MLK was about than just knee-jerk protests. He had principles. Smitherman could use a refresher on those principles.
Friday, January 15, 2010
The Time Is Now: Read Tom Callinan's Essay on OTR
The Urban core is the heart of the metro area. It must thrive and it will bring all of the Tri-State area along with it..
Best Unauthorized Use of a Registered Trademark Goes Too...
The moral of the story, check with the lawyers before using a title that sounds like a very similar title for a very similar contest that's been around for 14 years. Better yet, be original, and don't rely on corporate programs! A long winded moral, but one that everyone should learn. The non-relying-on-corporate part is the hardest part to do, since most of reliance is mandatory. Another reason to read local.
The actual Best of Cincinnati voting opens soon!
Thursday, January 14, 2010
Because We Have To Do Something

Wednesday, January 13, 2010
Council Staff Bonuses Not a Big Deal
This is not a big deal, especially since the amount of money is not hugely significant. They both did not use of their payroll budget, so how they structure the salaries of their staff is their prerogative. I was pleased to see everyone come in under budget overall. I wonder, what is Monzel not spending money on that other council members are? How is he able to have 25,000+ left over? Cole was close behind at 17,000+. So the question could go to her as well.
Tuesday, January 12, 2010
And Many More....
CSO 2010-11: Wow, Wow, Wow!
Both Janelle Gelfand and Mary Ellyn Hutton have the scoop. (A note here: until this weekend, I was unaware that Ms. Hutton, the outstanding reporter/critic formerly of the Cincinnati Post, had a site where she continues to write and blog. Griff: get a link up!) The highlights of the season include:
- a cycle of all five Beethoven concertos;
- five commissioned fanfares;
- an opening weekend featuring Kathleen Battle;
- a "farewell gala" featuring Yo-Yo Ma; and
- Vadim Repin performing the Sibelius Violin Concerto.
Paavo will conduct nine of the season's concerts. (At least, I count nine. Gelfand and Hutton both say eight, but I think they're referring to subscription series concerts, which doesn't include the Yo-Yo Ma farewell gala.)
It's a season to look forward to, and will no doubt be one to remember.
City Council Passes Rules by 6-3 Vote
I'm wondering who voted in the majority, anyone there for the vote care to update us with names?
Does Smitherman Only Know How to Threaten People?
It sounds like the school board to a degree agreed with his position that not enough African-Americans were employed on the current school construction projects. So, Smitherman went into his bag of tricks and pulled out the only thing he has: shouting threats. Political retribution to a school board is akin to telling a volunteer staffer you are going to dock their pay for being late. That aside, Smitherman has no political power to use. In the last election he had little influence on City races, so what makes him think he can do anything for the school board?
The more telling questions not answered were alluded to in the article: How many non-whites are employed on the constructional projects? Did the projects reach the goal of 40% of workers from city residents?
Maybe if Smitherman asked more questions, instead of demanding answers to the wrong ones, he might be taken seriously and maybe even has his opinion considered.
Monday, January 11, 2010
What's Worse: Cheating or Betting?
Mark McGwire has been accused--and has now admitted--to using steroids. His penalty? None. In fact, it appears that he will continue to be the hitting coach for the St. Louis Cardinals.
As regular readers know, I wasn't born and raised in Cincinnati, though it is my adopted home-town. I now consider myself a Reds fan. But I'm no Pete Rose groupie. As far as I'm concerned, Rose got the penalty he deserved, first for betting on baseball and then for lying about it for years. I don't buy the argument that it's OK since he never bet "against the Reds." Once he started betting for the Reds, he bet against his team every time he didn't bet for it. Everyone--including Rose--knew that getting caught gambling on baseball would get you baseball's version of the death penalty.
I don't know, though, how McGwire's transgression is less onerous than Rose's. Rose didn't cheat. Even under my theory of betting "against" his team, Rose has never been accused of intentionally altering game outcomes. But that's not so for McGwire. McGwire cheated. He gained an advantage through his conduct. And in doing so, he sullied one of baseball's most hallowed records.
Let's be clear about what McGwire did. This isn't a pitcher doctoring a ball on the mound, an act that can be detected by a smart umpire. This isn't even about HGH, which wasn't banned by the MLB until 2005. This was steroids--the rage-inducing, testicle-shrinking grandaddy of performance enhancers--which were banned in 1991. He knew he was breaking the rules. He knew he was gaining an edge. And he did it anyhow. He admits that he used during 1998, when he broke Roger Maris's single season home-run mark.
Mark McGwire should have the courtesy and grace to remain in the obscurity to which he had retired after his infamous testimony before Congress five years ago. The Cardinals' decision to retain his services as a hitting coach--to prop him up as a role model for how young players should approach the game--is vile. McGwire's presence on a major league coaching staff is an insult to every player who played or plays the game within the bounds of the rules, and an affront to every fan, unaware that McGwire's success was the result of illegal intravenous drugs, who cheered his hitting prowess in 1998.
If McGwire doesn't have the decency to stay away from the game and the Cardinals lack the wisdom to keep him away, then baseball and Bud Selig must step in to impose a penalty on McGwire. Given that McGwire's actions changed game outcomes and stole a coveted record, how can his sanction be any less severe than Rose's? Bud Selig must make the tough decision faced by Bart Giamatti in 1989 and force McGwire to accept banishment from the game.
The Reds open the 2010 season this April against the Cardinals. I don't normally boo much at ballgames or encourage others to do so, but if McGwire is present, he should be booed. And he should be ashamed.
Will Ghiz End Toys For Leis Program?
Using his toys in parades doesn't actually save money, like a Kindle will. Ghiz hasn't done much saving money as a council member. She's saved lots of raises for the FOP, but that would be about it.
Sunday, January 10, 2010
The Phony Coney Probes Who is Funding COAST
Saturday, January 09, 2010
Extra-Territorial Warrants and the Fourth Amendment
The facts are quite simple: Miami Township police came to believe that Kevin Jacob had committed a theft offense. (Believe it or not, he allegedly stole several Hummel figurines. Note to would-be thieves: people get very, very possessive about their Hummels.) Eventually, the police decided that Jacob had taken the figurines with him to California, and convinced a Miamisburg judge to issue a warrant to search Jacob (then in California), as well as a residence and two cars also in California. The warrant was sent to and executed by the San Francisco police.
The question before the Second District was this: can an Ohio judge authorize a search in California? In an opinion written by Judge Froelich, the court concludes that it does not. The court's decision relies heavily on the statutes and rules enabling Ohio judges and magistrates to issue warrants, all of which limit the judge's power to his territorial jurisdiction. "Crossing state lines," writes Judge Froelich, "by allowing an Ohio court to determine when California citizens and property are subject to search and seizure crosses [a] constitutional line."
As is my policy, I'll not comment on the merits of the court's decision. I did want to note, though, that one of our local courts of appeals recently wrestled with a particularly thorny constitutional question. For more analysis--including some discussion of how this applies to internet crime issues--read this blog post by Professor Orin Kerr of George Washington Law School.
By the way, because the appellate court determined that the issuance of the warrant was outside of the trial court's authority, Mr. Jacob's conviction was set aside; should the State seek to retry him, it will not be permitted to use the evidence obtained from the California search during a new trial. Given the novelty and importance of the issues raised, I'd be surprised if the Montgomery County prosecutor doesn't seek review before the Ohio Supreme Court (and perhaps ultimately the US Supreme Court).
Mr. Jacob was represented on appeal by Jennifer Getty of the Getty Law Office in Dayton.
UrbanUp Ponders Exclusivity
Let's Go Bengals!
Those of us who live in the southwestern corner of downtown have a unique experience when we watch Bengals' home games on television. (And since I don't have tickets, that's how I'll be watching.) To make sure we don't hear any bad words, games are, of course, broadcast with a delay of several seconds. For some reason, digital cable (to which I subscribe) is often a second or two behind its broadcast or analog cable counterparts. So people see plays on their TV about 7 to 12 seconds after they happen in real time.
Why does that matter? I live close enough to Paul Brown Stadium that I can hear the crowd. I can hear the crowd's intensity rise during and after a particularly positive play for the Bengals. And I can hear it, usually, a couple seconds before the ball is snapped on my TV. So as the team is at the line, if I hear the volume of the crowd suddenly pick up, I know the Bengals are about to have a big gain or a score.
I don't really have any game analysis for you (for that, check out one of the sports bloggers, like Lance McAlister). But I wanted to offer some sort of game-day post wishing the Bengals well.
And wouldn't it be cool if the AFC Championship game were here?
Thursday, January 07, 2010
Velvet Opens on Fourth Street
I can't seem to figure out the new club's hours or who, exactly, is running the show (though I think it's the guys behind Bang/FB's/Club Clau/etc.). Some of the club's residential neighbors have complained about noise during the club's opening, so one hopes that the club will work to be a good neighbor. Velvet's owners should remember that a busy nightclub in that block is a relatively new phenomenon, and many of the street's residents pre-date Bang and thus weren't looking for the residential experience of an entertainment district.
If anyone has some info on the new club, feel free to post in the comments.
CSO Faces Transition
That comes on the heels of the death of Erich Kunzel, long-time conductor of the Pops. It also follows--by just a few weeks--Louise Nippert's extraordinary $85 million gift to the CSO.
I moved to Cincinnati in the fall of 2000. The first nine months of that time, I was too busy trying not to flunk out of my first year of law school to do anything outside Clifton. So for me, Paavo--who came here in September 2001--has always been been the face of CSO.
The search for a new conductor will no doubt be made easier by Ms. Nippert's gift, which ensures the long-time financial stability of the CSO. Most orchestras in similarly-sized cities don't have the financial breathing room now enjoyed by the CSO. This all means that CSO will likely have its pick of conductors from around the world.
So, Who's BossSexy?
The tag line is "A collection of thoughts and commentary on Cincinnati life that is too short to be taken seriously and too long to end up on Twitter."
Have a read and send your nutty comments to him/her!
Wednesday, January 06, 2010
Really, Milford?
Runners-up in the Race to Over-React to the Coming of the White Death: Little Miami and Mason schools, which have already decided on a two-hour delay for schools tomorrow. (If the forecasts are right--and they never seem to be--getting to school will be trickier, not easier, two hours later than usual.)
Stay tuned to the Cincinnati Blog, your best source for the ridiculing of people who can't deal with southwest Ohio's relatively tame winters.
Monday, January 04, 2010
Do Any City Republicans Want to Be on Council?
So, I'm sure all three will have time to find ways to improve the city's budget problems. They've been so full of ideas recently that they have solved all of the problems facing us in the City.
Leslie Ghiz Announces Run for Commission
According to the Enquirer she will not step down from council during the campaign, but claims she will reduce her law practice to compensate for the time.
How much time has she actually been putting into her duties as a council member before now?
No word on who will be challenging her.
Saturday, January 02, 2010
Plummer Fired From Police Department, Again
Plummer is appealing his termination, as he did back in 2006 when he was fired the first time. This is the point where the Police Union must act. It is obvious Plummer does not belong on the police force. The FOP should convince Plummer not to return to the force. If the FOP lift a finger to help Plummer get back on the force, then they are complicit in his actions. The language from the internal police investigation was beyond damaging, it was a condemnation. The FOP must act to not only keep the citizens safer by getting this cop of the streets, they do themselves harm by defending him. How can any professional defend the improper actions of this terrible police officer? I know the argument they will make, they have to follow the rules of the union and defend him to the end, but when is enough, enough? All they are doing now is fighting for him to get money. He doesn't deserve a dime from anyone and it is theft if the city is forced to pay him anything and it is an injustice to the public if he gets his job back.
Plummer must go. If arbitration goes the wrong way, the only likely option would be some kind of buyout, which still sucks, but to keep a gun out of this guy's hands it may be worth the price.
Friday, January 01, 2010
A New Year, and a New Disclaimer
As of today, though, I'm a proud partner in Caster, Dutta & Seibel, LLC. My point is not to advertise (though you should certainly contact us with any of your criminal defense, civil rights, employment, or appellate needs!). Instead, I just want to make it clear--as it should be to anyone who isn't an utter moron--that when I write, I do so only for myself. My musings here are my own thoughts, and should not be attributed to any entity in which I am a member or any of the other members of those entities.
And as you all know, Brian and I don't always agree, so I don't write for him, either.
Happy New Year!