An Amazing Gift for Cincinnati Arts

Louise Nippert has made history with her incredible gift to the CSO, Opera, and Ballet. Classical music is the base of fine arts and this gift will go far to ensure that the CSO can continue as a world class orchestra and in turn provide first class live music to the Opera and Ballet for many years to come. This donation will also help all of the local arts organizations in the city, if by no other way then opening up opportunities for other donors to focus on an expanded list of Arts groups (like local live Theatre!). Mrs. Nippert played the role of Mrs. Claus in a big way yesterday, so turn on WGUC right now and think of the culture this city will be able to continue to remain famous for throughout the world.

Who's Next?

If the media reports are correct, Brian Kelly will tell his soon-to-be-former players tonight that he is leaving for South Bend. At least we'll get a million dollars of Notre Dame's money (at least, I assume his contract with that school will force it to pay his buyout from his UC contract).

Thanks to Brian Kelly for three great years. As someone who went to Nippert to watch games during the early part of this decade, it was terrific to see the excitement (and success) he brought to the program. I've previously written that coaches should not be permitted to leave before their season is done. But until the NCAA creates some more rational rules, the system is what it is. I don't blame Notre Dame, Brian Kelly, or UC for Kelly's early departure.

Now, UC has a decision to make: will it continue to grow UC's football program, or will it view the team's recent success as a byproduct of Brian Kelly that is unreproducable by another coach and therefore back off? I hope it chooses the former path. UC made a mistake by permitting the basketball program to be too strongly identified with a single head coach. It should continue with its plans to provide Division I-quality practice facilities and expand Nippert.

Who should UC look to hire as its next head coach? There's a lot of talent (not the least of which is Zach Callaros) ready to play next year. After 12 wins and 2 consecutive BCS appearances, UC will have more options than it did after Mark Dantonio left. A short list of candidates (in no particular order):

• Kerry Coombs, UC (a terrible choice, but this is who UC chooses if it decides it's not interested in continuing to grow the program)
• Jeff Quinn, UC
• Turner Gill, Buffalo (if Kansas doesn't sign him first)
• Skip Holtz, ECU
• Butch Jones, Central Michigan University (two CMU coaches in a row?)

Any other names we should discuss?

Wussy Packs Them In, From Canada

If you've been living under a rock, then you may not know that Wussy is one of the best bands in Cincinnati. They have attracted a nationally following amongst indie music experts which has attracted Stuart Laidlaw from the Toronto Star to fly to Ohio to see wussy. He loves Wussy, and one might say put the fanatic in fan. He likely was a little giddy when he got to met the band after a recent Show at the Northside Tavern, but we can forgive that. It is great attention for a band that continues to grow and continues to be a standard barer for the Cincinnati Music Scene. Help out the band and give a gift of Wussy this holiday season.

Attention I71 Drivers!

This is a public service announcement to all I71 drivers. If you were white-knuckle driving your way home tonight, then be open to some advice. If there ever is a weather forecast that includes a chance for snow, any chance of snow...fluries...a light dusting...or even just few flakes, then stay home. If you can not handle driving in the rain, then you should never drive in the snow, ever. Also, you must vote for all forms of public transit if you ever plan on going anywhere: trains, buses, or pack mule.

This ends this friendly public service announcement.

Yes, It Snowed This Morning

In case anyone missed it, there was a slight snow fall this morning.

I hope you have plenty of canned food to survive the day.

Jean-Ro v. Wade

Sorry. I just couldn't resist getting to use the title.

As first reported by Polly Campbell, Jean Robert de Cavel has filed suit against his former business partner, Martin Wade. (The defendants are actually several limited liability corporations, each of which operated a separate de Cavel/Wade restaurant.)

De Cavel is represented by Vorys, Sater, Seymour & Pease. I believe that Wade is represented by Taft, Stettinius & Hollister. The case, filed in Hamilton County Common Pleas court, has been transferred to the recently-created commercial docket.

Jean-Robert seeks an injunction prohibiting Wade from taking any action (including public statements) seeking to use a non-compete agreement to keep Jean-Robert from opening his new restaurant. It appears from the filings that Jean-Robert agrees that there was a non-compete agreement, but that it has expired. According to his attorneys, the non-compete was in force while Jean-Robert was providing services as a manager to Wade's restaurant group and for one year following the termination of those services. They claim that Wade restructured the group in September 2008 and removed de Cavel as a manager at that time. Wade, of course, has publicly claimed that the non-compete is in force for one year after de Cavel leaves the partnership, which he hasn't done yet.

The language from the non-compete agreement quoted in de Cavel's brief seems to support the chef's legal interpretation. It's not entirely clear the facts are with him though; at least as I read the court documents, there may be an argument that he remained the manager of Pigall's until it closed at the end of February 2008. His attorneys must be planning to argue that "services as a manager" refers to managing the entire group, not just one restaurant in the group. I don't know whether that argument is sustainable. I also don't know whether, apart from the non-compete, de Cavel would have a fiduciary obligation not to compete with an entity in which he is a partner. (For the sake of my own culinary delight, though, I hope that de Cavel's attorneys have the upper hand in both arguments.)

A couple of interesting tidbits from the motion for injunctive relief:

• Jean-Robert says that Wade only began rattling the non-compete sabre when Jean-Robert refused to transfer his 20% interest in the restaurants (and--perhaps most importantly--a liquor license) to the Relish Group.
• In his letter to de Cavel informing him of the then-impending closure of Pigall's, Wade claims to have lost money every year Pigall's was open. Wade wrote, "Fine dining as you know and love, no longer is a profitable business."
• Jean-Robert testifies (via affidavit) that the reason he delayed the opening of his new restaurant at Seventh and Vine is the uncertainty created by Wade's litigation threats. This seems to contradict what Jean-Robert reportedly told Polly Campbell about the delayed opening.

It'll be interesting to see how this all plays out.

Council Committees Revamped

The Mayor wasted no time changing Council's power structure by renaming and eliminating committees. The line up is as follows:

Committee: Chair
Budget & Finance: Cole
Public Safety: Thomas
Job Creation: Winburn
Strategic Growth: Bortz
Livable Communities: Qualls
Quality of Life: Quinlivan
Government Operations: Berding
Rules Committee: Qualls

Monzel and Ghiz were shut out. Ghiz reportedly wasn't pleased. I find that shocking, oh so shocking. Having Cole at Budget & Finance really sucks for everyone.

More from WVXU

New Role for Vice-Mayor?

Since Cincinnati's move to an executive mayor, the role of vice-mayor has been largely symbolic. When Jim Tarbell was vice-mayor, I seem to recall Mayor Mallory describing him as a cheerleader for the city. David Crowley, while certainly active on Council, seemed to continue the Tarbell tradition of vice-mayor as cheerleader-in-chief.

The appointment of Roxanne Qualls, I suspect, signals a shift in what is expected of the vice-mayor. I can't imagine Qualls signing up for a gig that is merely ceremonial. Instead, it's likely that she has an agreement with Mallory similar to the one Biden had with Obama: that she'll be "in the room" when important decisions are made.

I don't have anything to substantiate my speculation beyond Qualls's history of strong leadership in the city and her penchant for the nuts and bolts of urban policy and planning. If I'm right, though, I think her appointment will be good for both the mayor and the City: her experience and strong voice will be extraordinarily useful to the administration during the difficult months ahead.

Marking the 30th Anniversary of the Coliseum Tragedy

This week marks the thirtieth anniversary of The Who's concert at Riverfront Coliseum (now U.S. Bank Arena), where 11 people died in a stampede into the venue.

The Enquirer has a terrific article by Lauren Bishop on the tragedy and its aftermath. Lauren does a great job of blending a history of the incident with individual narratives from people who were there.

I've known that something happened at a Who concert back in the '70's (I think I first heard of it when Cincinnati re-legalized festival seating five years ago), but didn't really know what happened or why. This article is a good read for anyone who is either a non-native or too young to remember 1979.

Brian Kelly Watch

Oklahoma's Bob Stoops says he has no interest in a Notre Dame job.

TCU's Gary Patterson just finished a contract renegotiation, which mean's he is staying put.

Brian Kelly? He simply won't address the rumors until after the Pitt game on Saturday. Not exactly the unequivocal statement of commitment UC fans would like to hear right about now.

Dear Notre Dame: Haven't you learned anything? You need a defense-oriented coach. Coach Kelly is great, but defense doesn't seem to be his strong suit. Leave him alone.

Dear UC Alumni Association: Shouldn't someone rent a plane to buzz the campus towing a sign saying, "Let's Keep Kelly" or some similarly catchy phrase?

Dear NCAA: Isn't it time you adopted an anti-tampering policy similar to the NFL's? What kind of joke do you turn into if one of your major bowl games (in particular, the Sugar Bowl) involves a team led by an interim head coach? Better yet, what if UC beats the Panthers (thereby vaulting TCU in the BCS standings), Texas loses to Nebraska (moving UC to #2 after Alabama loses in the SEC championship), and Notre Dame hires Coach Kelly before the bowl games? Do you want the national championship played by a team that just lost the coach who took it through an undefeated season? Just make teams wait until after a coach's job is done to hire a coach away. It works in the pros; it can work at the college level, too.

Qualls is the New Vice Mayor

There was little choice for Mayor Mark but to name Roxanne Qualls as Vice Mayor. The big questions still out there, who will fill the rest of the committee chairs? Here is a list of the committees and the prior chairs:

Committee: Chair
Arts, Culture, Tourism and Marketing & Technology: Monzel
Economic Development: Bortz
Finance: Cole
Health, Environment and Education: Crowley
Law & Public Safety: Thomas
Rules and Government Operations: Berding
Transportation and Infrastructure: Qualls
Vibrant Neighborhood, Recreation, & Public Services: Qualls

Obvioulsy Crowley's chair at HEE is open, but will there be other changes? I think everyone except Laketa Cole would like to see someone other than Cole chair the Finance Committee. With her placing 9th in the race, she may have to settle for something else. I would like to also see Monzel removed from Arts & Culture. I don't see Chris liking much of anything on that committee, so his judgment is not going to help push arts, culture, tourism, or marketing. His only interest seems to be technology, which doesn't really fit with that committee anyway.

Black Friday Question

How much Black Friday shopping is about Christmas-present-giving-these days?

One of the best deals at Sears, for instance, was a deal on a washer and dryer. Are there really that many clueless men who honestly believe they can give their wives a washer and dryer for Christmas and still hope to have sex in the coming year? I tend to think a lot of the TV purchases are for personal use rather than gifts.

How about y'all? If you went discount-hunting Friday, was it for Christmas presents, or was it to pick up an appliance you needed at a good price?

How About Those Bearcats?

In an effort to appease those who think we need more sports posts, I thought I'd mention the excellent play of the Bearcats recently. But I'm talking here about the team coached by Mick Cronin.

For those who missed it, last week the 'Cats went to Hawaii (I know, being a student athlete is such a tough gig!) for the annual Maui Invitational. There, they beat Vanderbilt and Maryland, both of which were ranked as among the top 25 teams. That got them to the tournament final, where they lost in overtime to Gonzaga (thanks largely due to some bad late-game officiating). What was perhaps most surprising was the Bearcats' tenacious defense through the tournament. (Even in defeat, they allowed only 19 first-half points for Gonzaga.)

Yes, the real test doesn't start for a few weeks, first at the Crosstown Shootout against Xavier December 13, and then through the Big East schedule beginning with a December 30 homegame against UConn. But the season has started much better than anyone in the media expected it would.

Let's Go 'Cats!

"Progress" v. The Metropole Tenants Association (Part II)

Note: this is a continuation of the post immediately below.

2. Does 3CDC have too much power in downtown and Over-the-Rhine? Truthfully, I have no idea. Certainly, we should talk about 3CDC and what it does. (And I don't think 3CDC would shy away from that discussion.) I definitely don't want to engage in some conspiracy-laden rant, accusing 3CDC of being some local version of the Trilateral Commission. But we should discuss, from time-to-time, what 3CDC does and whether it's good for a private organization to play the role in development decisions occupied by 3CDC.

At the outset, let me say this: 3CDC has, for the most part, done a terrific job in downtown and OTR. Anyone who doesn't believe that didn't drive up Vine Street five years ago and then again today. Anyone who doubts that 3CDC has made a lot of good decisions hasn't been on Fountain Square in the last three days--or, frankly, in the past three years.

Having said that, though, 3CDC has become something of the de facto planning commission for downtown. Maybe that's alright, because they have done a pretty good job thus far. But we should make sure the delegation of downtown planning to 3CDC is a conscious decision, and not one driven solely by momentum.

Last week, City Council debated the Queensgate Terminal project. Part of what was discussed was that the project would put Cincinnati Bulk Terminal out of business. Jeff Berding suggested that it's not City Council's job to favor one business over another, thereby creating "winners and losers". Maybe it's not. But it's something Council does more often than one would think. The remodeling of the Metropole is to be supported with $2.5 million from the City. An agreement to allocate that money will be a decision by the City that 3CDC's proposed business plan is better than the one currently in place. Notably, it will force the relocation of Roma's and the Subway Lounge. There's no guarantee that either of those will be successful in a new spot. So sometimes, the City does, indeed, choose winners and losers. 21c and its restaurant (which is Italian, by the way) win, and Roma's loses.

City Council routinely rubber stamps 3CDC proposals. My question: should it? Maybe it should. But let's make sure we talk about it every few years.

3. Why is this Legal Aid's problem? Finally, I have to wonder why the Metropole Tenants Association is represented by the Legal Aid Society. Is this really part of its core mission and services?

Some of Legal Aid's attorneys are my friends. The people who work there are dedicated, hard-working public servants, many of whom chose to work for Legal Aid even though they carry six figures of educational debt and could parlay their degrees into much more lucrative private practices. They are intelligent and capable, and they will no doubt represent the tenants zealously and professionally.

But is this type of class-action really the type of activity that Legal Aid should be spending time on? There are certain clients and cases that would go unserved if not for Legal Aid. Most poor people in the midst of divorce, foreclosure, social security applications, education law needs, and individual landlord-tenant disputes would not find representation in the private bar. As clients, they cannot pay a lawyer's hourly fee, and their cases are typically too small to justify a contingent fee arrangement.

With unemployment reaching double digits, the need for Legal Aid's individual services is larger now than ever. And that makes me wonder how Legal Aid is able to find the time to devote to a class action case. (Perhaps its plan is to merely see the case through its administrative phases, and to assist the tenants in finding private counsel should litigation be required.) The Metropole action, should one be filed, is large enough that there are members of the private bar who would take it on. Should it be left to the private bar, then?

I don't ask either of the questions raised in the post to demonize either 3CDC or Legal Aid. Both are organizations that (though very different) are extremely competent in their respective fields. Each is enormously important in the future of our city. But like any organization, it's fair to talk about their role from time to time. (Commenters, please take your meds before ranting here about either of these groups!)

"Progress" v. The Metropole Tenants Association (Part I)

I've been wanting to write about the coming conversion of the Metropole (located on Walnut between Sixth and Seventh) to a luxury hotel for some time. (Background: Enquirer; Streetvibes.) I've been reluctant to, for fear of what will appear in the comments. I don't want to feed the trolls who regularly comment in order to insult poor people. I also suspect, though, that the overwhelming part of our readership is fairly unsympathetic to the Metropole's tenants. Many of our readers consider themselves "urban pioneers" (a term I find patently offensive) who are somewhat sympathetic to the poor--so long as they don't have to live, eat, work, play, or pray alongside the poor. I'm a little afraid of what you'll have to say, too.

For me, this episode in the development of downtown Cincinnati raises three issues: the merits of the dispute between the tenants of the Metropole and the new owner of the building; the role and power of 3CDC in downtown development; and the role of Legal Aid in the provision of services to the indigent. I'll tackle each in turn over two posts.

1. Who's right: the tenants, or the landlord? Like most things, this isn't as black-and-white as those on either side of the dispute would have you believe. If the complaint to HUD is accurately described by the Enquirer (in other words, if the complaint really alleges that 3CDC is discriminating against the tenants because most are elderly or African-American), my guess is that it lacks much merit. I don't think 3CDC cares much about the age or race of the tenants it is displacing. Instead, 3CDC has a vision for downtown and this project is part of that vision, regardless of the tenants who are tossed out on the street. Remember, 3CDC's plans also call for the "relocation" of two commercial tenants, neither of whom--so far as I know--are owned by people who are minorities, elderly, or indigent.

But the tenants need to be treated with respect. To the extent that isn't happening, 3CDC should be ashamed. Federal law requires that a process be followed before federally-subsidized tenants can be displaced. The tenants' fear and anxiety is certainly understandable. I'm not indigent, and if my landlord announced that my building were closing in the next twelve months, I'd be apprehensive, too (I hate moving!), and I have the resources to find my own place. 3CDC claims that it will make sure it follows the law and that it will find appropriate new residences for the Metropole's tenants. I hope it keeps its word.

Ultimately, the question comes down to this: once a landlord accepts federal housing money, does that act as some sort of covenant that runs forever against the building, regardless of ownership? Certainly, that cannot be the case. Property owners must be free, assuming they follow the law, to opt out of Section 8. Take care of the tenants, but don't demonize the building's ownership for deciding to go in a new direction.

Dear Gang of Five: It's Your Turn

Mayor Mallory didn't waste any time after Milton Dohoney issued his budget by passing the plan right to City Council, which will change on December 1st. So the message I took from this is: Gang of Five, it's your turn to govern, not grandstand. I'll be very interested in hearing the rhetoric from the likes of Ghiz and Berding and as of Dec 1st, Charlie Winburn.

I'm surprised I've not heard anything from Berding. Just a month ago he was claiming people would flee Cincinnati if police were laid off. What will his plan be now? Dohoney's plan cuts really deep everywhere and raises fees, but still must cut the public safety departments. Will he now try to govern, or will he and the Gang of Five change winds and not pander to the FOP and the Westside voters and finally face the music by cutting the CPD and CFD ranks without the rhetoric of fear filling talk radio and Twitter?

Playing Chicken, Part II

Well, it is no longer election season. Now we shall see who really will be honest and who will continue to grandstand on the City's Budget. The City Manager has announced his plan and it includes cutting 315 jobs, including 110 from the police department, and 47 from the fire department. So two departments (police and fire) making up 2/3rds of the budget will get only about 50% of the job cuts. I guess some might call that prioritizing public safety. I am sure the FOP's sock puppets will call it something akin to a nuclear bomb going off in the heart of the Westwood.

I really hope that City Council does not play games. I've not seen what's come out on Twitter today and I don't know what's be said on talk radio yet, but I honestly wish it will adult speak, not gamesmanship or juvenile rants about who won't shut up.

Most Dangerous Cities 2009: Where's Cincinnati?

So, the same flawed group is out with another Most Dangerous list, this time for Cities, but Cincinnati didn't make the list. I for some reason didn't read this in any of the local media. Cleveland made the list, but not Cincinnati. St. Louis is #2, but no mention of it.

I hope the local media learned that this website uses bad stats, but it would be good journalism to do another story about how Cincinnati is not on the list, but it incorrectly got on a worst "neighborhood" list by some bizarre misuse of data. I know not to expect the media to do follow-ups, but I hope they will and calling them out may guilt an editor/producer into assigning a reporter, thus letting them do their jobs. Instead I expect to ready more fluff, but its the holidays, so no one wants actual news to happen. The goes double for local TV news, who are the worst!

Cincinnati Unchained November 21st

This Saturday join your fellow Cincinnatians and support local independent businesses in the annual Cincinnati Unchained. From the press release for this year's event:

On November 21, locally-owned businesses across Greater Cincinnati will urge area residents to support the city’s vibrant independent businesses by shopping locally-only. As part of Cincinnati Unchained, a shop-local event throughout Greater Cincinnati, participating businesses are asking residents to take one day to shop, dine out, and do other business only with locally-owned independent business.

A place to start would be the Gateway Quarter in OTR. Cool shops in the best neighborhood in the city.

You can help you neighbors by shopping at businesses that truly add to the community and local economy.

Brother, Can You Spare A Dime . . . . . A Report From The Breadline

Raise your hand if you think the United States has the best health care access and coverage in the world and if you think the United States is the richest and bestest country in the world . . . . Let's hear it for American exceptionalism . . . . .

The number of Americans who lived in households that lacked consistent access to adequate food soared last year, to 49 million, the highest since the government began tracking what it calls “food insecurity” 14 years ago, the Department of Agriculture reported Monday. The increase, of 13 million Americans, was much larger than even the most pessimistic observers of hunger trends had expected and cast an alarming light on the daily hardships caused by the recession’s punishing effect on jobs and wages.

* * * * *

One figure that drew officials’ attention was the number of households, 506,000, in which children faced “very low food security”: up from 323,000 the previous year. President Obama, who has pledged to end childhood hunger by 2015, released a statement while traveling in Asia that called the finding “particularly troubling.”

But, lest we get all wobbly about the fact that 14.6% of our country does not have adequate food or feel too sorry for these hungry children, Robert Rector, an analyst at the conservative Heritage Foundation, comforts us by stating, “Very few of these people are hungry. When they lose jobs, they constrain the kind of food they buy. That is regrettable, but it’s a far cry from a hunger crisis.”

Now, doesn't that make you feel better, these people are not hungry, they have just stopped buying steak, caviar, and foie gras, and are eating ramen noodles instead. I mean, after all, what five year old doesn't love a steady diet of ramen noodles.