Silence at the Enquirer

In this week's CityBeat, Kevin Osborne references the Enquirer's recent action in turning off the comments on the on-line news article about the St. Xavier High School football player who fell to his death from a hotel balcony while on Spring Break in Florida.

What Kevin may not know and what the Enquirer management will not come out and report is that they have changed the overall policy on stories about deaths. If you check on the following article Monday shooting victim dies, you will see that the option to comment is not included. I don't know exactly what stories qualify for this new no-comments policy, but there clearly is some type of policy in place.

What I will "speculate" has happened is that the Publisher of the Enquirer got wind of the comments on the stories about the St. Xavier student. She didn't like that and she pushed for the policy change because it affects someone she cares about.

It took the publisher to either be lobbied by people she knew or she knew the kid herself to notice the kind of comments that flood the Enquirer website.

Kevin's points are not lost on this at all. The Publisher had let countless comments about he deaths of kids from OTR and other inner-city neighborhoods, younger than this St. X student, killed for making mistakes, flood those articles. It took the death from the right socio-economic circles to get her attention.

Why she's not making the policy change public is the surprise. Or is it? Does the Publisher know that making an announcement about the comments policy change will only point to obvious motivation it took for her to act? I would guess the Editors and Staff of the Enquirer and Cincinnati.com would really like to announce this policy change. I don't think any of them want people to think they are only silencing the hate-filled comments about Suburbanites. I will surmise a silence ploy is the chosen tack. Say nothing and wait for it to blow over. I don't think that's going to work. To use another cliché, the bell can't be unrung. It is time to announce the policy change and maybe get new software to make commenting less anonymous and less offensive to everyone.

I'm only speculating here, but If I can figure this out, anyone can.

Reds 2, Cardinals 1

The Reds get their first win, courtesy of a walk-off home run by Jonny Gomes. The Reds thus avoid being swept in their first series of the 2010 season. An encouraging sign for the Reds: Bronson Arroyo turned in a stellar outing, pitching eight innings and giving up just one run on four hits.

Fewer People On Death Row In Ohio

Last week, the Columbus Dispatch reported that as executions become more frequent and death sentences become less frequent, the number of people on death row in Ohio is down to 160, from a high of 204. Only one person (Anthony Kirkland, by Hamilton County) has been sentenced to death in Ohio this year, and only one (Hersie Wesson, by Summit County) was sentenced to death last year. The Dispatch's article is based on Attorney General Richard Cordray's 2009 Capital Crimes Annual report, the full text of which is available here.

According to Cordray's report, 51.25% of death row inmates are African-American; 44.38% are white. Of the offenders' victims, 32.3% are African-American and 61.7% are white. Only one of the 160 death row inmates is a woman. The average age of a death row inmate is 45.95, and the average length of time spent on death row for current inmates is 14.48 years.

Hat tip: Professor Douglas Berman, who offers this interesting observation:

In this post yesterday, I suggested that the number of death sentences are rising in California during its de facto moratorium on executions because California jurors in capital cases (justifiably) consider their vote for death to be largely symbolic with little or no practical consequence on the likely fate of the defendant they condemn. I think these Ohio data reflect the other side of this coin: [because of] the frequency of executions in Ohio in recent years, Ohio jurors in capital cases (justifiably) consider their vote for death to be very consequential and thus it seems these jurors are being especially cautious when decid[ing] who should be condemned to die.

New Lunch Menu at Mayberry

I've meant to post this for the past several days, but haven't had a chance.

Last Monday, Chef Josh Campbell (see my previous panegyric) unveiled Mayberry's new lunch menu. I knew the new menu was coming, and viewed this with not a little trepidation. You see, I don't subscribe to the notion that change is generally good. In fact, when I find a restaurant I like, there's usually two or three (or sometimes just one!) item that I'll order on a regular basis. At Mayberry, that had been the tuna melt and the chicken Caesar salad, both of which are casualties of the change to a spring/summer menu.

So what's on the new menu? Replacing my chicken Caesar, there's a spinach salad with berries (that can be ordered with chicken). If you like a spinach salad, this is a good one! There's also a hot dog. That was an interesting experience for me. I've not yet been to the Senate because of its $9.00 hot dog. (Yes, the same reason that everyone goes is the very same reason that I stay away.) I'm generally of the opinion that the only reason to pay more than a couple bucks for a hot dog is that it's accompanied by a baseball game. Nonetheless, I tried Josh's $7.00 hot dog.

And....it was great. It's a quarter-pound dog that comes with apple-bacon-fennel slaw. I don't like cole slaw, and particularly don't like letting it ruin a good hot dog, so I wasn't sure I was up for this. But this slaw is nothing like cole slaw. No cabbage--that's replaced by the fennel, which is perfectly balanced by the apple and bacon flavors. Had you set a bowl of the slaw in front of me, I'm pretty sure I could have eaten it for lunch.

There are other items, too, most of which I've forgotten since I waited too long to post. A very good sandwich with apricot mustard. A new pasta salad that I thought was quite good (though my friend thought it was a tad over-dressed.) And some of the old favorites, like the burger and the "Sloppy Josh" (which a friend describes as having a crack-like addictive property), remain on the menu, as do the tater tot casserole and the mac-and-cheese.

So if you haven't been to Mayberry in a bit, definitely check out the new menu!

Strickland Signs Criminal Justice Reform Legislation

Today, Governor Strickland signed into law Senate Bill 77, which provides for significant reforms in three key areas of criminal law and procedure in Ohio:

• Eyewitness identifications: Law enforcement agencies are now required to adopt "double-blind" identification procedures, which means that the officer who conducts a lineup (whether "live" or via photographic array) is unaware of the identity of the target suspect. A court must take into consideration failure to comply when considering a motion to disallow the identification at trial, and if it permits testimony regarding the identification, must instruct the jury that it may consider the noncompliance.
• Custodial interrogations: If law enforcement agencies record interrogations from start to finish in the most serious crimes, confessions will be presumptively voluntary. (However, the failure to make such recordings is not grounds for suppression or inadmissibility.)
• DNA: SB 77 expands the mechanisms available for convicted felons to obtain DNA testing and requires the preservation of DNA evidence in all serious crimes. The law also requires the collection of a DNA specimen from anyone arrested for a felony offense.

The signing ceremony today was the culmination of years of work by the Ohio Innocence Project at the University of Cincinnati College of Law. The national Innocence Project's blog post on the new law can be found here.

The legislation was supported by (I believe) the entire southwest Ohio delegation to the House and Senate. Local legislators who provided important leadership on this law include Eric Kearney; Tyrone Yates (now of the Hamilton County Municipal Court); Connie Pillich; and Bill Seitz.

The Enquirer's coverage of the law (which I read only after drafting this post) is here.

Root, Root, Root for the Reds Team

Today marks the Opening Day for the Cincinnati Reds. You will not find a better tradition of community in Professional Sports in the Country. People from across the city, country, and entire tri-state area come together to celebrate. Yes, we drink too much and eat too much, but that's what makes it a celebration! What makes it community is that everyone (most everyone) no matter what the political bent or affiliation, shares the same focus, even for just one day.

No matter who is in the line-up, on this day fans have at least some hope for a good season. What I really wish they would hope for is to have fun at the games. Like the song says, sure, it's a shame if they don't win, but it's a game. Games are meant to be fun. Enjoy it, whether you sitting in the outfield bleacher seats or along the third base side in a luxury box. Have a couple of beers, eat a brat or pretzel. Have some Cracker-Jack and have a good time! Baseball is a game best watched with friends. It is the most social of all sports for fans. You can have the best conversations in between pitches. Don't waste those great moments worrying about trade deadlines or endorsement deals.

Baseball is poetry. It has the drama of life: the anticipation, the long drawn out periods of monotony and tedium, but then has excitement that happens in a flash that is worth the time, no matter where your seats are.

Unlike other sports where you are put into a meat-grinder of intensity, Baseball has grace. Most importantly, Baseball illustrates America's core principle, the Individual and the Team both matter. Neither can exist in the game with out the other. In other words: E pluribus unum, Out of many, One.

We all live here. We need to find some common ground. How about a ball game?

Some of You People Are Way Too Serious....

For those of you who are satirically challenged, yesterday's post was brought to you courtesy of April Fool's Day.

Commission Candidates Reveal Priorities

Because this is still primary season, the candidates to fill David Pepper's seat on the Hamilton County Board of County Commissioners are busy building support amongst their respective parties' bases. But I contacted them all and asked a simple question: If you are elected, what is the first resolution or motion you will pass? Each has responded.

Chris Monzel, the Republican Cincinnati Councilman who kicked off his campaign by announcing that he is a "son of the suburbs," has a plan for Hamilton County: The Wall. Monzel explained that upon election, he will immediately begin construction of a Berlin Wall-style barrier separating the City of Cincinnati from the suburbs. He said construction of The Wall would generate dozens, if not hundreds, of jobs. "We might even get stimulus funds for it; it's a 'shovel-ready' project, after all." Monzel also said that he would provide funds for Sheriff Leis to hire back several of his laid-off deputies to stand guard on The Wall round-the-clock. Monzel argued that the problem with Hamilton County's economy is the presence of Cincinnati. "We can't get rid of Cincinnati, but at least we can keep its residents out of our communities," he said. Monzel's plan also includes the relocation of all county buildings to Blue Ash. "The worst part about being on Council," Monzel said, "is having to be in Cincinnati all the time. Once I get elected to the Commission, I shouldn't have to endure the city any longer." When asked in a follow-up email about suburbs that are surrounded by the city, like Norwood and St. Bernard, Monzel replied that their residents should have relocated years ago. "I actually considered a series of tunnels that would connect those cities with other suburbs. That way, people from Norwood could get to Delhi or Cheviot without ever setting foot in Cincinnati. But that sounded too much like mass transit to my friends at COAST, who threatened to withdraw their support if I wouldn't take it out of my plan. What choice did I have?"

Jim Tarbell, who seeks the Democratic nomination, will enact the "More Me Initiative," or MMI. Tarbell explained, "We need to get our local economy moving. I'm the region's greatest cheerleader. What could be better for Hamilton County than more giant murals of me?" MMI would include adding paintings of Tarbell on all county-owned buildings, as well as offering free exterior paint to any property owner who would devote one full wall of his or her building to a Tarbell mural. Tarbell remarked, "Everyone got really excited when that Fairy Shepherd guy came to town. But the mural he painted doesn't really even look like me. What happened?" Tarbell speculated that both of the current commissioners would likely be receptive to MMI, as "I'm more photogenic than either of them."

Leslie Ghiz, the West Virginia native who majored in English at WVU, announced a sweeping social agenda. According to Ghiz, a Republican, she will immediately instruct Clerk of Courts Patricia Clancy to begin issuing marriage licenses to first cousins. "Because of long-standing but reprehensible bigotry," Ghiz tweeted, "first cousins in Ohio have been denied the right to wed for too long. That must change." When Ghiz was asked why her quest for marriage rights did not extend to brothers and sisters, Ghiz answered, "I'm from West Virginia, not Kentucky. We have to draw a line somewhere." Ghiz added that she had an additional, unrelated cost-saving measure to sell all county buildings and move all county offices and courts into trailer parks. "There's nothing like a good double-wide," Ghiz said. While the courthouse may look nice, according to Ghiz, it's expensive to maintain. "All that electricity and running water is a burden to the taxpayers. Our judges and other elected officials will have to learn to do more with less."

Cecil Thomas, the former Cincinnati police officer seeking the Democratic nomination, has a plan to re-expand the ranks of the Hamilton County Sheriff's Office: send all county employees to OPOTA (Ohio's police academy). Thomas's plan is that instead of taking ten "furlough" days, every county employee would instead spend ten days as a patrol or correctional officer. "I was a police officer for years," Thomas said. "If I can do it, anyone can." He added, "Plus, we're not talking about them taking over for CPD in Over-the-Rhine. How hard can it be to write the occasional speeding ticket in Green or Anderson Township?" Thomas suggested that he would personally oversee parts of training for the county, including Taser training, which requires participants to experience a Taser shock before being certified to carry a Taser.. He understands that some people might be slower than others. "For instance, I might need to tase Greg Hartmann [the only Republican on the Commission] four or five times before I feel he's fully qualified. We'll just have to see."

When Hubert E. Brown was contacted for this post, he revealed that he was among the 98% of Hamilton County voters who didn't realize that he is running in the Democratic primary. "I'm running for office?" he mused. "How'd that happen?" Brown thought for a moment, and then remarked, "If I'm elected--and really, let's not fool ourselves, it's not going to happen--I'll come up with something. I don't know what, but it'll be something that will make the voters remember who Hubert Brown is."

The Solution to Ending the Violence Starts From Within

In the Enquirer article about the reaction of City Officials to the recent up-tick in violence the key to ending wide spread violences starts from within the communities suffering from them. Two paragraphs sum this up. First from Robin Moore, who lost her son in September of 2007:

Moore spoke about the code of silence that keeps people quiet while killers roam the streets freely. She spoke of the agony of losing a son. She spoke of the company she has with other mothers dealing with homicides, both the solved and the unsolved.

That's followed up from City Manager Milton Dohoney:

“The bottom line is this: Our community police will react when the call is made,” said Cincinnati City Manager Milton Dohoney, adding that it takes more than that just police reacting to street violence. “This problem will only get better when the community decides to make it so.”

Religious leaders can preach peace, which is at best a long term attitude changer. The police can and will do their jobs and investigate the crimes. The solution is within the community: 1)turn in the criminals. 2) Listen to the pastors and teach the youth that violence is not a normal way of social interaction.

No one has said that the recent increase in murders and shootings are connected to the drug trade. It usually is. This type of spike seems like a gang war over turf or juvenile slights. Breaking the criminal gangs should be and I think is a focus of law enforcement. Another solution to help end type of violence would be to legalize drugs. That's a long way off and likely just as big of a hurdle to get over as finding a solution within the affected community, but both need to be sought.

CityBeat's Best of Cincinnati is Out

I really wonder who reads CityBeat sometimes, but I am totally amazed at who votes for the Reader's Picks in the Best of Cincinnati Issue now on-line. Who is voting for the Rusty Griswolds as the best local band? Seriously, who are they? I would like to invite them to Fountain Square this Summer on a Friday night to hear good local bands.

I will ask CityBeat to please create a best Cover Band category for next year's issue so we can try and avoid a repeat of this year's travesty.

I do have to wonder, how many email address does 700WLW's Scott Sloan have? Does he buy them in bulk or did he just hire a hacker?

Another question: can we have another new category? Something like Bar owned and run by the largest collection of Douche Bags would work. Cadillac Ranch would win hands down.

I'm surprised Cadillac Ranch got high rankings in so many categories, with it's lack of respect for events CityBeat sponsors, but then I remember the large collection of Douche Bags running that place, and the vote totals make sense. Douche bags lack good judgment and musical taste, but still know how to surf the web.

Read it in print tomorrow for all the rest.

Michael Flannery Resigns From CPS Board

The Enquirer is reporting that Cincinnati Public School Board member Michael Flannery is resigning from the school board effective April 13th. At Monday night's meeting Flannery stated he is resigning from the board do to health reasons. Flannery indicate he was undergoing tests, including an MRI of his brain. We all hope for a speedy recovery to Mr. Flannery.

The article also describes the process to fill the vacant seat, where the remaining six members vote to appoint a member to fill the rest of Flannery's term. If no candidate can get a majority, then a county judge will select a replacement.

COAST Endorses Chris Monzel

Local extremist group COAST has announced its endorsement of Chris Monzel for Hamilton County Commissioner in the GOP Primary.

Monzel's GOP primary opponent Leslie Ghiz should not be surprised and if she has any sense would be pleased to not get the support of the anti-city extremists.

Since Monzel is a "son of the suburbs," he has no problem doing everything he can to stop development in the city. Only effective City Council Members do that.

Cecil Thomas Thumbs His Nose at Democrats

There are many basic rules you need to follow when running in a contested Democratic primary. One of those rules is don't make appearances at extreme right-wing groups' candidate forums.

Why is this bad? Well, lets start with the obvious: look at the groups sponsoring this event!

Right to Life of Greater Cincinnati, COAST, the Cincinnati Tea Party, Family First, Citizens for Community Values Action, Warren County Right to Life, Ohio Liberty Council and Americans for Prosperity.

These aren't even remotely moderate groups, this is the FAR RIGHT-WING of Cincinnati and the Country's politics. The only groups to the right are going to be the Militias and the white supremacist groups (yes often one in the same).

99% of the people who attended the COAST Candidates Form were not Democrats. Therefore they will not be voting in the Democratic Primary in May. In November these same people are not going to vote for a Democratic candidate, at all. It is just a waste of resources and time to attend this event. Instead, go after your base! Is Thomas presuming he will get the black vote? That may be a reasonable presumption, but will he get the turnout from the black community he will need? Why not spend some time, maybe a Wednesday evening, working on getting voter turnout in traditionally black neighborhoods.

Instead Thomas is courting the Conservative vote. He's quoted as making a bad joke about him being Christian will be enough for the attendees to vote for him. I don't suppose a Democrat might not like seeing him making jokes at an event that includes speakers attacking Rep. Steve Driehaus, at the same time he's getting threats.  It is insulting.  It shows his lack of dedication to the primary.  It is a clear sign that he does not understand the basics of running a political campaign.  Thomas thinks he's running for City Council, but needs to find out that his not going to get the Westside Conservative votes in the Democratic Primary.

Google Fiber Cincinnati

Email, Tweet, Facebook, yell, scream, call your Mom and tell her and everyone else that Cincinnati needs to be the Test Site for Google's high speed Internet Project.

Tea Party Distances Itself From Driehaus Protest

Since we're quick to criticize the Tea Party, I thought we also need to point out when they do the right thing. The Cincinnati Tea Party today issued a statement in opposition to the protest planned at Steve Driehaus's home. A Tea Party spokesman asks its members not to even go past the protest out of curiosity. (Hat tip: Politics Extra Blog.)

I think we'll see the Tea Party act more and more responsibly as its members move from the role of protester to that of politician. Several Cincinnati Tea Party members are on the ballot to join the HamCo GOP Central Committee, and Mike Wilson is seeking the GOP nomination for the Ohio House seat currently occupied by Connie Pillich.

While there are few issues about which I agree with the Tea Party, I respect that they've brought people into the political process who have not previously been there. (Didn't many of us praise Barack Obama for the same thing two years ago?) As the movement matures, it'll be interesting to see it progress from a loose coalition of people raising their voices during town hall meetings to an organized group accomplishing political objectives. Condemning a Sunday protest outside a legislator's personal residence is a step in the right direction.

Jim Schifrin Is Still An Ass

If you read Jim Schifrin's Wistleblower newsletter then you were already aware that he is an ass. I say that without trepidation, seriously, the guy is an old fart who insults people every day and writes offensive stuff that is meant for 80 year old men at 150-year-old run down barbershops. He of course goes above an beyond his usual horrible actions with the publication of the home address of Rep. Steve Driehaus.

Schifrin's newsletter (does the guy not know what a blog is?) is the epitome of the junior high mindset that seems to be pervasive with a large portion of conservative men. If they knew who Bevis and Butthead were, they might get the simple fact that what they think is funny now stopped being funny when you reach age 17. It would behoove them to grow up.

Back the Food Truck Up.... (Bumped and Updated)

Over at Wine Me, Dine Me, Julie posts a press release issued by the operators of the food trucks that have recently sprouted up in Cincinnati. Apparently, the trucker-chefs are concerned that City Council is going to act to regulate the trucks. In their defense, Tom Acito, who owns Cafe de Wheels, says, "Our goal of being a mobile restaurant isn’t to steal business from local restaurants in the Over-the-Rhine and downtown areas. Rather, we hope to situate ourselves in areas where we will not directly compete with independent restaurant owners."

As far as I can tell, the trucker-chefs' concerns are fueled by John Curp's comment to Polly Campbell that "it's safe to say that the city is looking into the issue to see if there's need for additional regulations."

I'm not certain that Acito is really serious about not competing with local restaurants. Cafe de Wheels' typical lunchtime spot is on Walnut just off of Court Street. Assuming the truck stays there, it will definitely compete with Avril-Bleh's sidewalk grill, which is set to re-open April 5.

But more importantly, the trucks' primary competitors are not restaurants. After all, if you own a restaurant and find yourself at a competitive disadvantage to a guy who cooks his food in a UPS truck, it may be time to find a new profession. Instead, the trucks are really competing with sidewalk vendors.

The vendors are, of course, regulated by the city. And the trucker-chefs don't want to be. My question: is that fair? Sidewalk vendors run a pretty low-margin business. They are licensed by the City, and their location is subject to City approval. (In fact, the City has recently adopted a lottery through which street vendors' locations will be determined. This was first mentioned last year in a Jane Prendergast blog post. The HamCo Common Pleas Court recently issued a temporary restraining order delaying implementation of the new system. If I can find the complaint, I'll write a post on this issue.)

I know that the food trucks are the current darlings of the "cool kids" in the blogosphere. I like them (the trucks), too. (You haven't really lived until you've had Cafe de Wheels' grilled cheese and pulled pork sandwich.) But I wonder: why is it fair that the food trucks operate outside the rules that everyone else has to play by? Will a licensing fee and some rules about their location really put them out of business? Or would those things just put them on a level playing field with their competitors?

Finally, can anyone speak with certainty as to what Council committee would tackle this issue? I assume it's the Livable Communities Committee, chaired by Roxanne Qualls, but I'm not sure under the 2010 committee structure.

UPDATE (3/25/2010): Polly Campbell has this blog post on the topic, in which she quotes Tom Acito as saying that he and fellow trucker-chefs aren't presently petitioning the city. I'm not sure why he sent Julie a press release heralding the formation of his not-yet-formed group, then.

CPS and Minority Contractors: Is This Really Such A Mystery?

The Enquirer now reports that Cincinnati Public Schools has "reached out" to minority contractors in an effort to increase minority involvement in CPS's ongoing construction projects. The Enquirer describes the new plan as "experimental." My question: this isn't really as difficult as CPS is making it out to be, is it?

CPS has insisted (sincerely, I believe) that it is committed to minority involvement in its construction contracts. It seems befuddled as to how to get there. But there exists, within Cincinnati, a working model as to how to use race-neutral means to achieve significant minority participation in construction: the National Underground Railroad Freedom Center. Some time ago, the inestimable Dan Hurley did an excellent segment on Newsmakers on how the Freedom Center was able to achieve contracting out 40% of the work to minority-owned firms. I'll not recount the process here in great detail, but perhaps CPS Board members should follow the link and watch the video.

It should be noted that involving minority-owned firms doesn't necessarily ensure the employment of minority workers. That's a whole other blog post, I think. But I can't figure out why CPS is having such a hard time doing something that was accomplished just a few years ago in Cincinnati.

Finally, this is probably the right time to note my disagreement with Griff's post on Christopher Smitherman's arrest last week. Mr. Smitherman and Rev. Foster were acting in the best tradition of the civil rights movement: engaging in civil disobedience to bring attention to an important social problem. They demonstrated peaceably and offered no resistance to the police when arrested. And prior to their protest, they had exhausted other means to bring about change, having petitioned CPS several times to redress their concerns. Their actions are akin to the Flannery Five's sit-in in Steve Chabot's office to protest the Iraq war back in 2006. You may disagree with their viewpoint, but their actions are consistent with a rich tradition of American activism.

WOXY.com Halting Broadcasts

WOXY.com announced via its website that effective today, March 23rd, it is shutting down broadcasting due to a lack of funds. I hope they can continue operating, but this type of step indicates thier financial backers are unable to carry on support of the station. They may need another white knight. Good luck to the whole WOXY staff. I hope they are back on the air soon.

UPDATE: CityBeat's Mike Breen has a blog post including reference to a Facebook post from a long time WOXY staff member. The future does not look promising.

UPDATE #2: WOXY staffer Joe Long shared his thoughts on WOXY going silent via his music blog: www.eachnotesecure.com.

UPDATE #3: Jason at the Cincinnati Man has more, including a response from WOXY owner Future Sounds.

Chase Dean Misunderstands Professionalism

Chase Law School (part of NKU) has made some national news this week, and not in a way that will make its administration happy.

Last week, Chase scheduled a mandatory lecture on "professionalism" for its first-year students. Such events are relatively commonplace. They're boring. They have little to do with what first year students are studying at the time, and first-year students aren't really able to put a lecture on professionalism into context, as most haven't so much as set foot in a law firm yet. But nonetheless, law schools love to schedule these kinds of events.

For some reason, Chase's administration thought the perfect time for the relatively useless exercise was Thursday night--right in the middle of the first round of the NCAA tournament. And during Kentucky's first round game. The results were predictable. Students showed up, and (as is common at law schools these days) had their laptops open to "take notes." Of course, CBS was live-streaming the tournament, so students with laptops turned the game on (without sound). Others used their phones to check scores or text friends.

So who cares? The panel of speakers, seated at the front of the room, couldn't have seen what was on the laptops. Apparently, one of Chase's deans was in the back of the room. He saw the laptops, and was not pleased. So he sent a nastygram strongly-worded email to the entire 1L class, telling them how "rude" and "unprofessional" they were. And now, the email has made its way to Above the Law, a blog with a national following devoted largely to law school news.

As a UC Law alum, I'm always happy to make fun of Chase. My glee at pointing out that the law school began at the Cincinnati YMCA knows no bounds. ("Where'd you get your law license--the Y? Oh, yeah, never mind....) Here, any ridicule needs to be reserved for Chase's administration, not its students. They scheduled a lecture to be attended primarily by twenty-somethings fresh out of college in the middle of the first round of March Madness and expected that attendees' attention wouldn't be diverted? Seriously?

Law school administrators often fall into the pattern we see here: treat law students as if they were still in high school, with little control over their own schedules or (frankly) lives, and then chide them for not being "professional." They forget that professionals have at least some control over their own calendars. Walk into the courthouse on Opening Day. You won't see anyone. Why? Because no one wants to schedule anything then. If a lawyer is a basketball fan, do you think he scheduled client meetings or court appearances last Thursday or Friday? Do you really expect a bunch of kids from Kentucky to abstain from March Madness?

Lawyers have lives outside of their practices. Law students are usually told during law school orientation to try to maintain some sort of life outside of their studies. Then, for the next three years, administrators and professors pretend as if law school is life. Such mixed signals will inevitably yield unhappy results.

A Pledge For Local TPers, If They Are Serious

Loki at Cincyvoices has formalized a pledge that local TP members should consider if they are really serious when they spout off about being against all forms of socialism.

Conservative Politics: The Junior High Edition

We have rock throwing at the local Democratic Party HQ and people wonder who could have been egging on the stormtroopers?

Someone needs to remind the right wing crazies that the world isn't going to end because of health-care coverage. Seriously, it's not.

Also, I really wonder if Ohio TPer's know anything about Federal Preemption. I mean, sure, they could try to coin their own currency or try to ignore the 14th Amendment, but we had a war about a 150 years ago that decided all of that rather definitively.

Where did the Republican grown-ups go?

Will Local GOP and TP's Denounce This?

As of this morning the National GOP has been silent on the use of racial slurs towards members of the US Congress by TP protesters, as well as anti-gay comments towards Rep. Barney Frank and someone spitting on Rep. Emanuel Cleaver.

These are hopefully not the views of the local TP or GOP, but those movements/groups have been surrounding themselves with people who do use hate as a weapon, so they need to be responsible and speak out against this. It would be an honorable gesture and clear sign that these groups are not sympathetic towards racism or homophobia. The level of hate that as brewed inside the TP movement has been more caustic and intense then anything short of the radical anti-abortion movement from the late 80's early 90's. Many theories have been raised that point to the irrational fear people have now that a black man is President as being a cause of vehemence been shown leading up to this vote.

The sad truth is that there is a lot of racism and bigotry on the right-wing of American politics against blacks, Latinos, and Gays. It does not take much to stand up and denounce hate. Just a press release would be a start. A better place to have started would have been the "Tea Party Pledge" to have included an idea including equality for all. The problem is, I don't think they could get consensus on that type of idea. That is the clearest sign that there are problems and the TP/GOP leadership can't ignore them and expect their members to be civil when they foster and fuel hate.

Gumption Awards Taking Nominations

Cincinnati's Charter Committee has announced it is taking nominations for the Charles P. Taft Civic Gumption Award through Sunday March 21st, so there is still time to honor local leaders who "exhibit courage and common sense in leadership."

To make a nomination, please fill out the form found on the Charter Website.

Send in your completed form to info@chartercommittee.org by the end of the day tomorrow.

For more information on the award, please check out the Charter Committee website.

The Enquirer Loves It Some GOP Talking Points

The Enquirer's Editorial on health care reform from Tuesday is nothing more than a restatement of every GOP Talking Point on the current bill. I mean using "arrogant" in the title was the dead give away, but including "negotiated behind closed doors" and "sham" are just to obvious. It goes on to get worse.

They cherry pick poll questions about how people feel about health care, not new. Everyone can find a poll question or combination of answers to a poll question to fit their opinion.

This editorial is bad, I would be embarrassed if I worked there. This is political spin about as bad as I've seen. It was as if a journalist didn't even write this at all. It comes off as PR, not an editorial.

I find it arrogant of the Enquirer or Gannett, or who ever wrote this attack editorial to think that we don't see the political bias at work. We understand that newspapers have opinions, but why can't they do more than just spout one side? We have enough of that on FOX News. We have a conservative newspaper here in Cincinnati, but why does he have to so often be a lap-dog of the GOP on national issues?

Chris Smitherman Arrested

The Enquirer is reporting that Cincinnati NAACP Chapter President Chris Smitherman was arrested this morning outside a school construction site. I am sure we shall be besieged with how it matters to justice that Mr. Smitherman can't seem to get the CPS to hire the people Smitherman wants them to hire, but I am really am starting not to care.

If you are going to protest something, then you need to define what your goals are, something the local NAACP President has failed to do. Just saying you want more African-Americans hired is about as focused as Pastor Phil telling us we should all be nicer to your fellow man. Pastor isn't standing in front of schools yelling at people that we must be nicer. Tell us the goal. Make that goal reasonable. Work with African-American Chamber of Commerce to find viable businesses to provide good service to our Schools.

Published reports indicate that Smitherman has provided the CPS with little more than names and phone numbers of people he thinks should be hired. Smitherman needs to provide the detail and at least basic support documenting that the people have relevant companies that can provide valuable services. Our school system does not exist to provide employment to Smitherman's friends.

If there are problems in how contracts are handed out at CPS, Smitherman and his minions need to stop playing games. The attention is not going to gain you anything. He is turning off his possible allies. He is a mockery and is sullying the work the NAACP has down locally and across the country. He needs to find a strategy based on sanity, not on Smitherman's desire for fame and fortune. This I fear is just another in what will be a long line of stunts that Smitherman will waste time and effort on, instead of actually finding solutions for problems.

Final Four

With local teams in two different tournaments this year, I thought I'd offer my picks for the Final Four (of each). Feel free to make fun of my picks and/or offer your own in the comments.

NCAA: Kansas, Pitt, Kentucky, Duke, with Duke winning the championship.
I have Xavier making it through the first round, in a very close game with Minnesota. And I have 5 Big East teams (Georgetown, Syracuse, Pitt, WVU, and Villanova) in the Elite Eight.

NIT: Cincinnati, Arizona State, Virginia Tech, and North Carolina, with Virginia Tech winning the tournament (over Cincinnati).
I have Dayton winning the first round, but losing to UC in the second round.

Griff...how far do you think the Redhawks will.....oh, never mind.

MidPoint 2010 Release Show Changed to April 23rd

The Midpoint Music Festival has announced a change to the date and performers for its release show. The CAC will host Midpoint on April 23rd for show from Aloha(www.myspace.com/aloha), Pomegranates (www.myspace.com/pomegranatesart), and The Buried Wire (www.myspace.com/theburiedwires).

Midpoint is slated to announce other new features of this year's festival including performers, new stages, and partners.

The show was previous announced for March 25th at the Blue Wisp.

Cincinnati Fringe Festival: New Website and Line-Up

Last night the Cincinnati Fringe Festival held an event to celibate the relaunching of their website www.cincyfringe.com and at the same time announced the line-up for the 2010 festival.

32 shows mostly from out of town will descend on Know Theatre starting June 1st for the 7th annual event. For a listing of the productions, check here. As is normal, the line-up is subject to change.

This year TheConveyor.com will once again be reviewing shows and giving insights and out of sights on the festival.

If you have never been to Fringe, then clear your calendar for the first 12 days of June. It is theatre and community at its best.

Twitter folks, please spread the word. We used #cincyfringe last year, so I hope that is repeated!

OTR Gateway Quarter Website Updated

The team at Vine Street Interactive did a great job redsigning the OTR/Gateway Quarter Merchants Group website.

What is Content Stealing?

As I mentioned in the previous post, the Enquirer has rolled out a "First in Print" strategy, through which on Sundays certain articles will appear only in the print edition until Monday morning, when they will then become available online. One justification cited by editor Tom Callinan is the blogosphere's theft of his paper's content:

Watching broadcast outlets, Web sites and blogs essentially rob newspapers of their hard - and expensive - reporting has long been a vexation, but not a mortal threat.*

When does a blog or website (why does the Enquirer's style book still require the capitalization of "web"?) "rob" a newspaper's content? Are Griff and I among the robbers responsible for the demise of the print media?

Neither Griff nor I has ever claimed to be a reporter. (To the contrary, I have repeatedly disclaimed any such notion.**) Instead, our typical post is a comment on a news story published elsewhere. We always reference--and link to--the source of the story. (In fact, when Griff initially invited me to blog, the only rule he gave me was to link to any story about which I post.) That's the same practice followed by other blogs I read. Is that robbery?

As I noted below, even the Enquirer follows the lead of other sources. The "Vanity Fair controversy" originated at Kate's Random Musings. Callinan himself wrote about it, attributing the story to Katy. The Enquirer reported on CityBeat's story about the unfortunate email from Monzel's aid, once again properly attributing its source. Was that robbery? And even in the Cole piece I talk about below, Jon Craig remarks that Cole's appointment "drew scorn from some bloggers." Really? Which bloggers? How about a link to one or more of the bloggers? Does Craig mean Griff? I hope not, because Griff's post doesn't criticize the appointment itself, only Cole's decision to leave her current post early.

So here's my question: what does the Enquirer consider fair use, and what, according to Callinan, is robbery? And how do the paper's own practices differ from those they condemn?

In this environment, the Enquirer isn't likely to create new positions anytime soon. But it should seriously consider the addition of a public editor or ombudsman who would write a weekly column. If the Enquirer is serious about consistently generating a quality product, it ought not be afraid of an independent person to perform a quality-assurance function.

*This sentence is a clear illustration of the utility of the serial comma. Until I got to "has long been a vexation," I thought that "watching broadcast outlets" was something websites and blogs did while robbing newspapers of their reporting. Once again, Judge Painter is correct; check out Rule 24 in the linked book. Of course, this is a "talking footnote," a Judge Painter no-no; see Rule 12.

**Obviously, there are exceptions. Griff typically "reports" on MPMF. If I happen to notice a restaurant opening or closing, I'll "report" on this--but even then, I'm usually scooped by Polly Campbell or Julie Niesen, to whom I link, if I know they've posted.

Back to Basics, Enquirer-Style

The Enquirer's revenues are down. It's doing everything it can to remedy the situation: laying off veteran reporters and columnists; furloughing the folks left behind; making the paper smaller; plastering ads right on the front page of sections of the paper; and withholding stories from its online edition to keep us nefarious bloggers from "stealing" the paper's content (interesting how the paper doesn't mind taking stories from the pages of, for instance, CityBeat or KRM (here and here, respectively)). In tough economic times, however, the Enquirer has decided to return to a time-tested method of increasing readership in conservative southwest Ohio: Democrat-bashing.

Today's Enquirer carries a lengthy story on how documents "shed light" on Laketa Cole's hiring as chief of reliability and service analysis for the Public Utilities Commission of Ohio. The story contains all sorts of innuendo, obviously meant to suggest that Cole was offered the job only as an enticement to stay out of the race for the Ohio House seat left vacant by Tyrone Yates's appointment to the bench. A reader has to make it to the article's twentieth paragraph to learn:

According to state personnel records, Cole will replace John D. Williams, who was promoted to director of PUCO's Service Monitoring and Enforcement Department on Feb. 28. The department employs 83 people. Williams was named acting director Jan. 3.
Cole's annual salary will total about $15,700 less than Williams got before his promotion and $5,000-a-year pay raise.

In other words, Cole isn't being offered a position that's been created for her. This is a real job, filled by a real human being until quite recently. And while I have not always agreed with Cole's positions or tactics on Council, any reasonable person has to agree that she is appropriately credentialed for the job. If I really wanted to make trouble, I'd ask why Cole, an African-American female, will be making less than 85% of the salary of the white male who previously had the job. (This, of course, is a question the Enquirer does not address.)

In an editorial yesterday, the Enquirer suggests the "Cole deal" is "arrogant." (Notice a very strange thing about the piece: apparently, after it was initially posted, a letter-writer commented on it. The Enquirer then updated the editorial to reference the letter. So now the editorial references the letter and the letter references the editorial.) The Enquirer goes so far as to suggest "a Mark Painter to William Mallory to Nadine Allen to Tyrone Yates to Alicia Reece quintuple play." Really? Does the Enquirer really believe that the Democrats arranged for Mark Painter (formerly a Republican-endorsed judge) to get a position with a UN appellate court so that Alicia Reece could have a job?

Maybe, though, the editorial staff just thinks that once Judge Painter's seat on the First District Court of Appeals became vacant, a grand scheme emerged, like so many dominoes in a line. Not likely. Probably not even possibly. Each appointment had its own process. And those of us who toil in the courthouse know that for a while, a new rumor swirled each day about who would take Judge Painter's seat. Then a new rumor swirled each day about who would fill Judge Mallory's seat. And then a new rumor was floated every day about who would fill Judge Allen's seat. If there was a conspiracy to create a line of succession all the way down to Alicia Reece, it's the best-kept secret in courthouse history. And let's not forget, no one gets a free pass: Mallory, Allen, and Reece must all stand for election this November. Yates, I believe, will appear on the 2011 ballot.

It's good to know, though, that some things (like political editorials masquerading as news stories) never change.

An extra note: I'm glad I'm not in the newspaper business. These are tough times. And in all fairness, there is, actually, lots of good reporting going on at the Enquirer, and some really talented young reporters getting a chance to write stories that, just five years ago, might have gone to more senior (but less enthusiastic) staff. Tom Callinan is doing some good things; the "Vanishing Cincinnati" series is but one example. But these lots-of-smoke-without-discernible-fire stories aren't worthy of a paper struggling to retain its readers and remain relevant in the new decade.

Cole to Leave Council in June

Well, the Cole-Train is on its way to Columbus and the crowd is going wild. We are cheering her on. Cheering that she is leaving, of course. She will not be missed.

Cole is leaving in a selfish manner, which is not a surprise. She's not resigning until June, a logical date because that is when the position in the state becomes available, and she needs a job until then, so will stay on as a lame-duck Council member. Yes, this means we have to put up with her on Council for 2 and a half more months. I really hope she stays quiet, votes with her Democratic colleagues and exists the stage somewhat gracefully.

Short of doing that, it would be really fun if Cole started a Twitter account and just blasted Leslie Ghiz during Council sessions. It would be classless, but it would be fun.

Watson is still the CW choice to fill the seat, but according to the article, Cecil Thomas said he will sit down with three to five possible appointees. Thomas is known for changing his mind, so it would not surprise me if he had his pick already and just wants sign off, and political assurances, from Mayor Mallory and Tim Burke. Thomas may want to have influence over who gets the Finance Committee Chairmanship after Cole steps down. I would think Thomas would like to have that as a possible position for himself, if he loses the May County Commissioner Primary. It never hurts to plan ahead, even if you don't need it. I hope he needs it.

Inside the Minds of Local Right Wing Extremists

It no longer phases me when I read CityBeat's reports about the classless behavior of some local Republicans or of Republicans in general. I am looking for a local Republican to stand up and speak for civility to the Brad Becketts of Hamilton County. I know it will NOT be Chris Monzel. He should fire Beckett for having this type of attitude and boorish attitude about government officials who are doing their jobs. If this is all the GOP has to offer, they will fade into Green Party irrelevance very quickly.

Main Street Making A Comeback?

As has been announced elsewhere, the space formerly occupied by Jefferson Hall has found a new tenant: Jack Potts Tavern. While Jack Potts' official grand opening isn't until April 2nd, the bar had its "soft opening" last night, just in time for Bockfest. Jack Potts will, I think, remind most people of the old J-Hall. Its grand opening will feature a performance by the Polecats (who, I suspect, will be regulars on stage there). I celebrated Bockfest at Jack Potts last night, and am pleased to report that the place was packed most of the night.

We also know that Neon's is coming back. And I now hear rumors that a new pizza place will open in the old Harry's Pizza space.

I don't know that we'll ever see Main Street return to its former peak. I'm not sure how many people want that, anyhow. (How many times can anyone over 23 actually go to a place like Bar Cincinnati, after all?) But it seems to be returning as a legitimate entertainment district again.

Another Take on Cincinnati

Bill Weaver of Life as a Human recently posted this outsider's take on Cincinnati. While both the video and the text are over-filled with focus-group mumbo-jumbo (I'm convinced that "narrative" is now the most over-used word in the English language), it's nonetheless a positive piece and an interesting perspective.

Interesting Review of CAC's Shepard Fairey Exhibit

AEQAI has a very interesting and in-depth review of Shepard Fairey's 'Supply and Demand.'

Is Cole Leaving For a State Job?

No one seems to know if Laketa Cole is leaving council for a State job or not. What's the latest?

Is Bernadette Watson the likely pick to replace Cole? She finished behind fellow Democrat Greg Harris, but the does the gender and racial balance make more sense to Democratic party leaders and more importantly to Cecil Thomas who actually makes the appointment?

HUD Rejects Metropole Tenants' Complaint

HUD has dismissed the complaint against the Metropole renovation made by the recently formed tenants association on behalf of various activist groups. It was clear from the start that the complaint had no merit. It is time now for City Council to vote for the grant and loan to get the project off the ground.

Candidates Out Number Tea Baggers

When you have 113 candidates and only 100 "TP" fans how is that much of a rally?

I guess the TP fanatics have lost the will to get out of their bunkers and support their candidates.

Also, who was the lone Democratic Candidate? I am guessing it was Dusty Rhodes. Anyone want to bet?

A Sign of the Future in the Q

I love signs.  I love signs in windows.  I love it when the sign in the window tells me that a new "Neighborhood Bar" is coming to my neighborhood and the group opening the bar operates some of the best run bars in town.  I should just put my name on the liver transplant list now and avoid the trouble later.

Neighborhood Squabbles

The fight over how the City of Cincinnati's Neighborhood Support Program is administered appears to be political and personal. Water is wet, as well, I know, I know.

I don't place much focus on a He-said-She-said type of argument, so what the article reports may just be hot air venting. It appears that the conservative majority on council is acting to structure the funding program with a lot of oversight. This is then causing at least one community council member to lash out at the structure's front man, Jeff Berding as both an angry football fan and angry Democrat pissed that Berding got an endorsement in the first place, even though it was pulled last year.

Boycott? Seriously, that's the plan Joe Gorman of the Camp Washington Community Council has come up with? Bad mouthing Berding (who often deserves it) wasn't enough. I guess Gorman got his limited press coverage of this, but he really stands a better chance of being heard if he attended the event he wants to boycott and lobby the rest of the community councils and City Council members to try and affect change to the Structure of the funding program. I guess a boycott is an easy way to stay home and watch the Winter Olympics.

The spat is highly entertaining, but bad governing all around.

Tolliver vs. Burke

I just wanted to highlight Howard Wilkinson's post, noting that Darren Tolliver has announced that he will seek the chairmanship of the Hamilton County Democratic Party later this year.

Tolliver was the president of the student body at UC during my final year of law school. Law students, like most grad students, don't get involved in campus politics. While I'm not sure what, exactly, my exposure to Tolliver was, I remember thinking at the time that Tolliver was a really bright, ambitious kid. (He was a college student; it was OK to think of him as a "kid" back then.) More recently, Tolliver was a board member of CincyPAC. I'm not sure what Tolliver now does professionally (if he hasn't gone to law school yet, isn't a JD nonetheless inevitable?).

Tim Burke, of course, has been the chair of the HamCo Democratic Party forever. He is a partner at Manley Burke.

It'll be interesting to see how this plays out. The "central commiittee," comprised of the party's precinct executives (who are themselves elected, precinct by precinct, this May) elect the party chair. I don't know (and please comment if you do) if there has been an recent influx of new members of the central committee, or if the May 4 elections are likely to bring new members. I would think the current executives are loyal to Burke, but Tolliver is the party's treasurer, and no doubt has support of his own.

Springer vs. Springer

I really wanted to write a post making fun of the HamCo Republican Party for inviting Michele Bachmann to be the keynote speaker at its annual Lincoln-Reagan dinner tomorrow night.

I was particularly appalled by the choice because for the last couple years, every now and then I think about whether I should be a Republican instead of a Democrat. But then the GOP puts someone like Bachmann front-and-center and I realize that's not a real option. (Or I am reminded that the party's extreme right wing controls its stance on social issues.)

But there's a problem with writing that post. The HamCo Democratic Party--the party to which, for the time being, I belong--is having its own event tomorrow night. Its "guest of honor" is Jerry Springer.* I'm not thrilled that Democratic-endorsed judges are appearing at an event headlined by the king of trash TV.

So the question is: what's worse? That the HamCo Republicans can't find a better keynote speaker than the Jerry Springer of Congress, or that the HamCo Dems can't find a more suitable guest of honor than the real Jerry Springer?

* In 2003, when Springer was considering running for the Senate, I met him. He was at a Mt. Adams bar (much more sober than I was). He sat for hours talking to people about his ideas and plans and why he was considering getting into the race. He's a very intelligent, thoughtful man. I wish he hadn't spent the last quarter-century using his television show to pollute our culture and, frankly, to exploit people who aren't as smart or as rich as he is. But he has, and we shouldn't pretend that he's a serious individual when his actions are to the contrary.

Where's the "No Bunt" Pledge?

When ever I read about politicians signing pledges "not to raise taxes" I find myself thinking about Baseball. Why doesn't COAST or the Tea Baggers, as the good baseball fans they surely are, demand that Dusty Baker sign a "No Bunt" pledge?

They might even require an oath: "I, , do solemnly pledge never to use the bunt during a regular or post season game, including suicide squeezes, where the man on third has the speed of Jackie Robinson and we are down by 10 or more runs. If I should break this pledge, I promise to forfeit the game and never, ever, play baseball or any other sport, again, so long as I live. Amen"

Yes, that is ridiculous. It is meant to be ridiculous.

Sometimes you have to bunt. Everyone in baseball knows this. Sometimes, you have to bunt to get the runner into scoring position. When you get the sign, you, the batter, don't shake it off or point to the fans and say: "But they demand efficiency! They expect me to hit a home run every time I am at bat. Home Runs are the only way you win ball games!"

Sacrificing an at bat is part of the game. You don't bunt every time a man is at bat, but you should never rule it out because some insane sports fans obsessed with statistics hate how it ruins someone's batting average.

If I were a Republican thinking about appeasing the Tea Baggers or COASTers, I would think about Baseball and at least try and maintain some intellectual honesty, and not sign a pledge "to not raise taxes." Not all Republicans are void of intellectual honesty, but they don't seem to show often enough, for my taste.

Sometimes you have to bunt and sometimes you have to at least have the option to raise taxes.

Respect Is Earned, Disdain is Free

I was wondering what happened to all of the crazy people who would disrupt City Council meetings. It appears they have shifted to the school board.

Why would any parent think that exhibiting this type of behavior is acceptable? When you act boorishly, you are going to be ignored. When you continue to act like jerks, you are going to be disdained. Quite a few parents deserve detention.

Why Did Cecil Thomas Abstain?

It was good news for Downtown yesterday after the Finance Committee overwhelmingly approved a loan for the 21C Hotel project. It should pass in Council with ease. What made no sense to me was the voting:

"Supporting the request were councilmembers Berding, Leslie Ghiz, Chris Monzel, Roxanne Qualls, Charlie Winburn and Laketa Cole.

Cecil Thomas abstained."

When you abstain from a vote it is usually because you have a personal interest or connection to the project or the parties involved.

Does Thomas have some type of connection or interest in 21C Hotels company, the Metropole, or the residents being displaced?

Yalamanchili Picks Ups Endorsements of Past Candidates

Ohio 2nd Congressional District Democratic Candidate Surya Yalamanchili has picked up the endorsements of former nominees Dr. Victoria Wulsin and Attorney/Iraq war veteran Paul Hackett. Last month Yalamanchili go the endorsement of Cincinnati Mayor Mark Mallory.

Yalamanchili will face off against David Krikorian in the Democratic Primary.

Keep Council Night Meetings

Cole and Monzel are are both on the correct side of an issue. Cincinnati City Council should keep meeting at night, once a month. Additionally, the starting time should be 7 or 7:30, allowing people time to get there. I don't have the trite lifestyle Monzel points out, with the sit down dinner made by the wife waiting at 6PM, but I too can't make it to a meeting that starts at 6 PM without leaving work early.

A little bit of promotion by the city would go along way to get people to come to these meetings. Hell, make it a Facebook event, that may not get 1,000 people there, but 5 more is a start.

These night meetings surely eats into the life of the council members and the city workers who staff the meetings, but this is their job.

This effort does not have to be expensive or overly time consuming. City Council meetings need to be accessible to the general public. I hope Cole and Monzel can convince the rest of the Council to go along.

Shoulder to the Wheel, Nose to the Grindstone, Eye on the Ball......

Last week was a strange week. And as the new week begins, I find that I'm reminding myself to put my head back down and focus on the things that really matter to me. I also find myself wondering why certain things get beyond our standard echo chambers, and others cannot.

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

Kareem Simpson at Ante-Up Cincinnati has a report from Cincinnati Casino Charrette held yesterday at the Art Academy.

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.

Four Fewer Council Members?

I wish it were possible that all four Cincinnati City Council Members running for higher office could win. It's not that I want any of them to go on to arguably more important positions, its that them winning would guarantee better members of council. Yes, guarantee. Sure we could end up with four Charlie Winburn types, but I am happy to say only one exists, and no one is remotely similar in the current crop of possible replacements.

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.

Shepard Fairey's Work at Arnold's

Check out artist Shepard Fairey and his team hard at work installing a mural on the East wall of Arnold's in Downtown.

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.

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.

Veterans Courts?

As long as I'm blogging about efforts at criminal justice reform today, I thought I'd mention this piece at Slate by Dahlia Lithwick. The article discusses the advent of "veterans courts," a specialized docket carved from the regular criminal docket for veterans whose offenses can be linked to mental illness as a result of military service.

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

As Polly Campbell reported last week, the Food Network's Paula Deen will do a cooking demonstration in Music Hall on March 7, 2010. Tickets are now available.

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 past Wednesday, the Enquirer reported that a group of former inmates have filed a class action lawsuit in federal court, alleging that Ohio's system for providing for the re-entry of inmates into society violates the Americans with Disabilities Act with respect to the provision of post-release mental health services. The core of the plaintiffs' claims can be found in paragraphs 98 and 99 of their complaint:

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.

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.

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.

Winter Shelter Remains Open

The City of Cincinnati has announced that its emergency winter shelter at 1715 Republic Street will remain open for the next four nights (Friday, Saturday, Sunday, and Monday), beginning at 10:00 pm each night.

Fair and Classy, a Lesson for COAST

The members of COAST should look to Kevin Osborne for how to act in the on-line and real life worlds. Kevin wrote about a public aspect of the personal life of a member of COAST. There are no mean words. There is no jumping for joy at another person's misfortune. Kevin puts forth a poignant opinion and shows where real life hopefully can be a learning experience for COAST. If nothing else, I will be hopeful that COAST will not repeat their classless behavior.

Winter Shelter Emergency Continues

This afternoon, the City of Cincinnati announced that it will extend the winter shelter emergency through tonight and tomorrow night. So on Wednesday, February 10, and Thursday, February 11, the OTR Community Center at 1715 Republic Street will be open beginning at 10:00 pm.

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.

Cecil Thomas Is Running For Commissioner

First he was in, then he was out, now he is back in the race for Hamilton County Commissioner. I really don't like the Godfather III plot parallels.

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

The emergency cold shelter in the Over-the-Rhine Community Center at 1715 Republic will be open tonight beginning at 10:00 pm. The City has issued a press release announcing that it has declared a winter shelter emergency. Excerpts from the release:

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

The Snow continues to fall Downtown, and doesn't seem to be letting up. Any ideas for what to do on a Snow Day?

The White Death, Part Deux

So, with the sun shunning brightly over Cincinnati today, it is time to fret over the massive blizzard to hit over night.

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.

A Metropole Moving Day

On my walk this morning I happened upon movers setting up shop for a move from the Metropole. I don't know know who was moving out or where they were moving to, but they had a professional crew there to do the move.  A couple of questions arise:

1. Did 3CDC pay for the mover?  I hope they did.
2. How many people holding out for more attention/money are left?

The redevelopment of the Metropole building was a controversial act in the minds of a select few activists, but I think in the long run the displaced tenets will find better and bigger apartments that do not have the history of crime that plagued the Metropole. I think the efforts of those trying to block this redevelopment are very misplaced.  Where was the class action efforts when the building was literally controlled by criminals?  I hope everyone still living at the Metropole quickly finds a new place to live.  I hope they are not being lead to hold out because of the political agenda of anti-development interests, but those who seek to block the efforts of 3CDC will exploit the poor.  The "ends justify the means" isn't just a belief practiced by Neo-Cons, the far left will stoop to that level too.

Leveraging the Lockout?

We all know by now about Hamilton County's stadium fund problem. I'm not even going to link to an article; anyone who cares is familiar with the issue. I'd love to write a post demanding that Leslie Ghiz, Chris Monzel, and Jim Tarbell offer their stadium fund solutions, but it'd be a waste of time: the current commission is going to have to find a fix before the November election. (Of course, should any of the candidates criticize the solution the commission adopts, that candidate should be prepared to offer his or her own specific alternative.)

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.

My Snow Prediction

Less than an inch in the city. More north.

What do you think?