History, Joy, & Pride

I will be taking my lunch early today to watch Barack Obama be sworn in as President of the United States of America. Today is monumental for our country. We have taken a great step forward. I feel pride in what we have done. I am joyous for change. I will be celebrating the greatest thing about America - the rule of law. We shall witness the peaceful transfer of power today and you don't see that happen in any country with the might and power we possess.

The road ahead for the new President is very difficult, but I am optimistic we shall be better off under his leadership.

The Blue Ball - Final Reminder

The Blue Ball is an inauguration celebration featuring a dance party with DJ Apryl Reign, food catered by Melt and The Hideaway, games, prizes, special guests and drinks. Guests are encouraged – but not required – to wear formal attire.

The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.

The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.

“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”

“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama

Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the
historical mandate for change
More info: www.cincyrocksobama.com

Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.

Kennedy Case Continues On Alternate Trajectory

Last month, I suggested that the criminal assault case against Andy Kennedy is proceeding differently than it would if Kennedy were an indigent defendant. That trend seems to be continuing.

The case against Kennedy has been scheduled for a jury trial in April. At Kennedy's request, the court granted a three-month continuance so that the case would not be heard before the conclusion of the NCAA Men's Basketball Tournament. (That is, perhaps, awfully optimistic on Kennnedy's part. His Rebels haven't made the tournament since 2002. Assuming the SEC gets 6 teams into the tourney this year, Mississippi, at 10-6 overall and 1-1 in the conference, won't be one of them without significant improvement.)

While a court will generally do what it can to accommodate a defendant's work schedule, a three-month continuance is relatively rare and would have had to be specifically approved by the court. Generally, municipal court dates are set by the Office of the Assignment Commissioner. Currently, someone who goes there to set a court date can get a date in January, February, or March; April is not yet "open" by the AC. The municipal court judge handling Kennedy's case had to instruct the AC to set the case in April, or it would not have done so. Perhaps the trial should have been set in March, with an understanding it would be continued if Kennedy's team made the tournament.

The civil attorneys who have jumped into the fray, both on behalf of Kennedy and on behalf of the two people he's sued for defamation (the cab driver Kennedy allegedly assaulted and a valet who claims to have seen the alleged assault). On December 22 (just four days after the alleged assault and alleged defamation), Kennedy amended his complaint, adding as a plaintiff his wife, who claims to have suffered a loss of consortium as a result of the alleged defamation.

Really? Loss of consortium in four days? Kennedy will need an expert to explain to the civil jury why the deterioration of his marriage is a result of the assault allegation, rather than Kennedy's professional frustration with his team's mediocre performance (including his team's December 18 loss to Louisville). If I were a more irresponsible blogger, I might suggest that folks send Kennedy self-help books on marriage and relationships to his office at Ole Miss. You just hate to see anyone lose consortium, after all. But that would be a bad idea, so I won't.

Kennedy's accusers have decided not to be left out, either. The Enquirer reports that the cab driver has countersued Kennedy for the alleged assault, and the valet has countersued for damages pertaining to Kennedy's purportedly frivolous defamation suit.

It's good to see that at least we lawyers aren't suffering in the weak economy.

Clever Mischief Closes Mason Schools

The Enquirer reports that Mason schools were forced to close today because last night, someone snuck into the bus garage and unplugged the school buses. The diesel-fueled engines use engine block heaters overnight to keep the engines warm enough to start in the morning.

When the culprits are caught, there's no doubt we'll be treated to a chorus of hand-wringing by school officials (and, perhaps, the Warren County Prosecutor) over what a terrible offense was committed. I can't help thinking, though, about how clever it is.

The Enquirer refers to the act as one of "vandalism." While that may be true in a colloquial sense, I'm not sure that what happened could be prosecuted as vandalism. That crime requires a showing of physical harm to property. Assuming the engines weren't damaged (and I think they weren't--they should be fine once they warm up again), there's no physical harm.

Of course, the miscreants committed a trespass (a fourth degree misdemeanor, punishable by up to thirty days in jail). Perhaps unauthorized use of property (also a fourth degree misdemeanor) or criminal mischief (a third degree misdemeanor, which carries up to sixty days) would fit the circumstances. But there don't seem to be any other, more serious charges available.

When I heard what happened, I immediately thought of the scene in Bull Durham when Kevin Costner's character turns on the sprinklers at a ballpark overnight to force a rainout. While we can't condone the conduct of the kids that pulled the plugs, we can admire their ingenuity.

UPDATE: The Enquirer now reports "Mason school officials here [sic] say they suspect students were behind" the unplugging of the engine block heaters. My response: Wow....that's a stunningly brilliant piece of detective work. Kids: Lawyer up, quick!!!

It's Cold, Bundle Up!

In case you are living in a cave, please take notice it is very cold out today and will be very cold again tomorrow. If you are indeed living in a cave, you must be really freaking cold right now.

Happy Birthday, Brian!!!!

I thought we needed a thread so that people could wish Griff a happy 37th birthday.

Happy birthday, Brian!

Harris Appointed to City Council

Greg Harris has been appointed to fill out the term of John Cranley, who stepped down from Cincinnati City Council last week. This is an excellent pick for the City. Greg will bring a fresh perspective that is honest, fair, and progressive.

More from UrbanCincy.

The Blue Ball - Jan 20th 8PM Northside Tavern

Join Cincy Rocks Obama for a special Presidential Inauguration celebration on January 20th at 8PM at the Northside Tavern. Here are the details from the press release:

Cincy Rocks Obama Presents The Blue Ball
Dance Party Celebrates the Presidential Inauguration

CINCINNATI—Celebrate the country’s most exciting and historic election at an inaugural ball at the Northside Tavern.

The folks who brought you Cincy Rocks Obama and 2008’s legendary election-night party invite you to celebrate the 2009 Presidential Inauguration at The Blue Ball, January 20, 2009, 8 pm at Northside Tavern, 4163 Hamilton Avenue.

The Blue Ball is an inauguration celebration featuring a dance party with DJ Apryl Reign, food catered by Melt and The Hideaway, games, prizes, special guests and drinks. Guests are encouraged – but not required – to wear formal attire. The Blue Ball has no cover charge, but we will be accepting donations of non-perishable food items and cash to benefit the Freestore Food Bank.

The Blue Ball is a nonpartisan event celebrating a once-in-a-lifetime historical milestone. Whether your politics are red, blue, green or somewhere in between, you are all invited to celebrate this historic moment with great music, among good friends.

“We hope that everyone feels welcome at this party, regardless of political affiliation,” says Eric Appleby, co-host of The Blue Ball. “Ultimately, the inauguration isn’t about winning or losing. When you consider the recent coups and ongoing chaos in other countries, you realize that the peaceful transfer of power is a pretty remarkable part of our democracy.”

“In the end, that's what this election is about. Do we participate in a politics of cynicism or a politics of hope?” – Barack Obama

Event Details
What: The Blue Ball
Who: Cincy Rocks Obama and you!
Where: Northside Tavern, 4163 Hamilton Avenue, Cincinnati, Ohio.
When: Tuesday, January 20, 2009 at 8 pm.
Why: To celebrate the inauguration of the 44th President of the United States and the historical mandate for change
More info: www.cincyrocksobama.com

Cincy Rocks Obama unites local musicians, fans & friends to REGISTER, EDUCATE, & MOTIVATE voters for Obama.
CONTACT: Cincy Rocks Obama Press Contact, press@cincyrocksobama.com

Done Got Old!

Half-Staff Flag Bleg

Hamilton County flags are at half-staff today. Does anyone know why?

(Someone, please tell me it's not because of the damned cow.)

UPDATE (1/10/09): I believe the flags were lowered in honor of Captain Warren A. Frank, who was killed in Iraq on November 25 and buried at Arlington National Cemetary yesterday. Thanks to the commenters who pointed this out.

Cranley's Out, Who's In?

Councilmember John Cranley is resigning his council seat after being elected to the office 4 times.

Speculation turns now to the pick for his replacement. Three names have been floated:Tony Fischer, Greg Harris, and Brian Garry. I'm not familiar with Fischer, so have no impression. Garry in my opinion has never been a qualified candidate for office. Harris is by far the best person to fill the slot and stands a great chance of being elected in the fall. He has already announced his candidacy and fits the city Democratic vision well. Are there other possible selections for the Democrats?

Additional speculation will be about Cranley running for Mayor. In the article it states Cranley is not done with politics. What other office would he run for? Will he wait it out and run for County Commission?

New Stage Opening: Dying City

Thursday night is the opening for New Stage Collective's production of Dying City. Be sure to get your tickets now! Also, join the cast, crew, audience, and NSC Board at Arnold's for an opening night party after the show on Thursday.

Here's a great video with a behind the scene look at Julianna Bloodgood, playing Kelly.

Pepper Seeks Input On Bike-Friendliness

Over at PepTalk, Commissioner David Pepper is seeking your input on how Hamilton County can be a more bicycle-friendly community.

I've always thought a community is bicycle-friendly enough when drivers are ticketed for running bicyclists off the road, but what do I know? Head over to the Commish's blog and take the survey.

Local Politicians Move Into New Offices

Today marked some changes in Hamilton County offices. Wayne Coates was sworn in as County Recorder. Greg Hartmann began his term as County Commissioner. Judge Pat Dewine began his term as Common Pleas Court judge (occupying the seat formerly held by now-retired Judge Davis). (The term of Judge-Elect Jerry Metz, who defeated incumbent Judge Fred Nelson, does not begin until February 10.) And Patricia Clancy began her term as Clerk of Courts.

The most visible change of the switches (for now) is the new banner on the Clerk of Courts website. Here is the old Hartmann banner:And here is the new Clancy banner:This is far from a substantive criticism, and I'm sure Ms. Clancy will do an excellent job as Clerk, but the new, yellow-highlighted banner is a little grating on the eyes. My very non-scientific survey ("Do you like the new banner?") yielded a unanimous preference for Hartmann's red-and-blue color scheme. (If I remember correctly, the yellow-and-blue matches the colors Clancy used during her campaign. And perhaps the red-and-blue preference is just a sense of familiarity with Hartmann's banner.)

Nevertheless, as much as this is a difficult time for HamCo government, it should also be an exciting time, as the County sees some new faces (or at least some old faces in new places), and with it, hopefully, new ideas and energy. So welcome to the new office holders!!!

Enquirer.com Redo 3.0

Well it appears the Enquirer has changed its page design yet again. The background color has gone back to white, thankfully. It again appears to be loading faster, but that may just be me. I am getting dizzy from all of the changes.

Government by Referenda: What's On Your Wish List?

There been much discussion in the local blogosphere about the NAACP's petition drive to place a measure on the ballot that would amend the City Charter to require a plebiscite prior to the expenditure of funds for light rail in Cincinnati. (Links: Us, the Beacon, UrbanCincy.) I will not support this measure--not because I'm a big fan of streetcars, but because I don't believe this type of issue belongs in the charter. I would cautiously support charter reform (and changing Ohio Revised Code, if necessary) to permit this sort of issue to be placed on the ballot to become a City ordinance, if passed. More democracy is good, generally speaking, but we should be careful when we alter the document that is the foundation of our governmental structure.

The whole thing has gotten me thinking, though: if I had the organizational (and financial) power of the NAACP/Green/COAST coalition, what would I place on the ballot? For me, the answer is simple: I would propose a charter amendment stripping the City of its power to enact criminal ordinances that create offenses more serious than minor misdemeanors (which do not carry the possibility of jail time) and simultaneously reclassifying all existing misdemeanors under the Cincinnati Municipal Code (CMC) as minor misdemeanors.

Such a proposal would not mean the absence of criminal law in Cincinnati. Instead, it would mean simply that all of our crimes would be defined by Ohio Revised Code (and the state has defined plenty of crimes). If the City wanted to prohibit conduct not included in ORC, it could punish such conduct only by a $150 fine (or lobby the Assembly to enact a state-wide statute).

Why shouldn't the City be in the business of drafting criminal laws? First, I doubt it's cost-effective. The City now has (and pays for) its own public defenders. It is now being billed by the County for the bed space occupied by individuals charged only under CMC. Because of the increased penalties created, more court time and (therefore) police time is used. Second, the effect of such laws on crime is highly disputable: no one has ever pointed to hard statistics that show that in the absence of the City's own criminal code, more crime would flourish in the City. Third, Council has consistently demonstrated itself to be fairly bad at drafting criminal ordinances. And finally, one set of ordinances alone--namely, the criminalization of the City's administrative building code (which gives rise to the municipal "Housing Docket")--is reason enough to strip the City of its power to create criminal offenses (but that's a whole separate post).

So if I were King For A Day, the elimination of Cincinnati's criminal ordinances is what I'd take up. If you were able to place anything you wanted on the ballot for consideration, what would it be?

1/3/09 Update: Post modified to correct typographical errors.

Shout Out: Smith Mufflers

We regularly highlight restaurants and bands we like here at the Cincinnati Blog. Today, I thought I'd point out something that can be harder to find than good food or good music: a good mechanic.

Just before Christmas, my aging Infiniti started behaving badly: the heater wouldn't work, and (somewhat ironically, I thought) the engine threatened to overheat. I took it to Smith Mufflers and Brakes in Covington, who I'd used for work on my previous car (an aging Neon). Their initial diagnosis: broken water pump and blown head gasket.

The head gasket is a significant repair on a Nissan engine (I know, that's what I get for buying a non-American brand). While I wasn't thrilled that the cost of the repair was much closer to the value of the car than I preferred, I authorized the work, as I'm not really interested in replacing the car right now.

A few days later, I talked again to the folks at Smith to get an update. Understanding the significance of the work they were about to do, they ran some additional tests. It turns out it wasn't the head gasket, but a different, minor problem that can lead to false results in the test they use to diagnose the head gasket. Figuring this out saved me about two grand.

So: three cheers for Smith Muffler. They didn't have to take the extra step in re-examining their initial assessment; after all, I'd authorized the work. But they did so, leaving me with a considerably reduced bill (and them with considerably less money). I've never heard anyone say a bad word about Smith, and this kind of honesty and diligence is exactly the reason why.

So if you're looking for a non-dealer mechanic for your car, check 'em out.

Moerlein Buys Little Kings

Christian Moerlein is continuing to bring home Cincinnati's Beers with its purchase this week of Little Kings. While the brewery will not be located in Cincinnati, this is another step for the Cincinnati based Christian Moerlein in its goal of brewing its beers here in Cincinnati.

It has been a long time since I've had a Little Kings Cream Ale. I have two memories of them from College. One is using plasti-tac to spell words on the dorm room wall with Little Kings' bottle caps. The other memory is seeing how fast and in how few gulps we could guzzle the 7 ouncers. Oh the memories that brings back, and the realization that I can't to that any more!

Large Banks Ignoring Foreclosed Properties

Below, Griff notes the Enquirer's growing tendency to shift local news coverage from its newspaper (both print and online editions) to its blog. Symptomatic of that tendency is this post on the Politics Extra Blog by Jane Pendergrast, which reports that last week, the City of Cincinnati filed suit against Deutsche Bank and Wells Fargo for failing to properly maintain properties upon which they have foreclosed.

The conduct of banks that have foreclosed on properties is a real problem in Cincinnati. The banks just let the property sit until they can find someone to buy the property. Generally, banks entirely ignore Cincinnati ordinances, including requirements to properly maintain the structures and to obtain vacant building maintenance licenses. In its 22-page verified complaint, the City does an excellent job describing the situation and the reason it filed suit:

This is an action by the City of Cincinnati against two lenders that
regularly appear in Hamilton County Courts to prosecute foreclosure actions but have consistently refused to appear when summoned by the City of Cincinnati for the basic maintenance of abandoned and vacated properties titled in the names of Defendants. The City of Cincinnati seeks to hold these entities accountable in the same manner that individual property owners are held accountable for abandoned and vacated properties and seeks injunctive relief, declaratory relief, and money damages. Over the past three years, the City of Cincinnati and its departments have made several attempts to communicate with Defendants regarding the numerous properties and buildings throughout the City that were and are in violation of City health and housing codes. Defendants have consistently failed to take responsibility for the maintenance and upkeep of such properties; in fact, Defendants have gone so far as to deny ownership of these properties.

Defendants have consistently refused service of process and ignored summonses pertaining to criminal complaints filed by the Property Maintenance Division . . . as well as notices sent . . . regarding civil fines for failure to comply with the Cincinnati Municipal Code.

(Verified Complaint, paras. 1 & 16.) As Pendergrast notes, the defendants have removed the case to federal court, where it is now pending before Chief Judge Beckwith. Part of what the City sought in Common Pleas court was an injunction preventing the banks from transferring the property (the City claims they have a history of transferring nuisance properties once legal action is filed in order to avoid liability). While the defendants claim they have already divested themselves of some of the property at issue in the new suit, they and the City have agreed that no further transfers (of property named in the litigation) until the case is concluded or the federal court orders otherwise.

The City, joined by the County (which is also named as a defendant, in that it has an interest in the properties as holder of various tax liens against them) has asked Judge Beckwith to remand the case back to state court. The banks have been ordered to file their response by January 22. Given the surge of foreclosures in Hamilton County, this is an extremely important issue--and one that merited more attention from the Enquirer than relegation to its blog.

The Dropping of the Pig

NYC can drop all the balls it wants. Nothing, NOTHING can top the dropping of the pig last night at Grammer's. Fireworks also flew high above the OTR bar as the crowd shifted outside to ring in the new year. In what I hopes becomes a tradition, I think we capture the irreverence that lives strong in Cincinnati. We drink, we cheer, we drink some more.