Building Cincinnati Likely to Cease Publication

Yesterday Kevin LeMaster, Editor and Publisher of the Building Cincinnati Blog, announced that his blog likely will cease publication. His hope had been to turn the website into a full time endeavor, but at this point it has not met his expectations. The website has been one of the best blogs in town and provided the best coverage of development in the city and surrounding area.

I personally hope Kevin can continue his blog in any form possible. His voice is important to the Cincinnati area blogging community and he has and hopefully will continue to contribute to the development of Cincinnati and its urban core.

Beer, Cheese, and Movieoke

All right, not all in one place. But all in one night. There's some fun things going on next week downtown. Usually, I'm not cool enough to know about stuff like this until after it happens, but thanks to the magic of Facebook, I'm (sort of) in the know for a change.

On Wednesday, January 27 from 7 to 9 in the evening, Chef Josh Campbell of Mayberry (on Vine Street next to Hamburger Mary's--it's a creation of the World Food Bar Restaurant Group) will host a beer- and cheese-tasting event. Seating is limited to just 20 people (well, 18, since I've already made my own reservations!), so call now to reserve your spot. It sounds like a fun evening. (I can't imagine anything other than a great time when you combine beer, cheese, and Josh's culinary talents!)

On the same night, beginning at 8:00, the Below Zero Lounge will host a "movieoke" night. The concept, as I understand it, is similar to karaoke. You get together with a friend or two, and the video to a movie is played while your group lip-syncs the lines (which are provided). When experienced with copious amounts of alcohol, I suspect this is a fun time, too!

MusicNow 2010 Announces Dates and Line Up

MusicNow returns to Memorial Hall March 30th with a great 2010 festival lineup. Headliners include Joanna Newsome, St. Vincent, yMusic, and Justin Vernon of Bon Iver.

Tickets are on sale now. $20 per night and $50 for 3 day pass.

WNKU Goes "All Music"

Starting February 1st, Public Radio station WNKU will go all music with the dropping of two NPR news programs(pdf). Gone will be Morning Edition and Fresh Air, programs that can both be heard locally on WVXU. WNKU News Director Craig Kopp will anchor a new program called "Morning Drive" which will feature music but will continue with "NPR and BBC newscasts, local news and local features and interviews that get behind the headlines," filling in the morning drive time.

WNKU is making a smart move. It long ago ceded news programming to the more powerful WVXU station. By focusing on a unique mix of music, they stand to gain listeners and better serve those they have. It also hopefully will increase the rotation of local recording artists and I hope the morning program can be a showcase for local bands and artists.

What Exactly Is Smitherman Protesting? Seriously!

If Chris Smitherman and his followers from the local NAACP are protesting the issue of minority contracts on CPS construction projects, then I can understand the point. I don't like the fact that Smitherman has debased the local NAACP chapter into being little more than a lobbyist for black owned companies, but putting that aside, inclusion in public contracts is a fair issue to be concerned about.

The article from the Enquirer states that the protests are about working on MLK day. Seriously? This is what the protest is about? Working on a holiday? That is not a civil right and Smitherman knows that. Private companies, which are doing the construction, can be open for work any day they wish. I did know it was a priority of the NAACP, to require private companies or even vital public services to refrain from working on this particular holiday. Why would Chris Smitherman make MLK into a political football? Today is a day we should remember the man and his message and honor him. Today is a day that many people fought for and wanted, not as a political day, but a day where everyone (all races!) can honor what Dr. King did and the dream he died for.

I'm surely going to get flack from some for daring to criticize the leader of the local NAACP on today of all days, but I believe that is, in part, what Dr. King wanted: everyone to be judged by their actions, not given leave to exlpoit ideas and a movement for their own embellishment. I'm judging Smitherman by his actions and his actions are not of a man looking to help people, they are the actions of a man looking to help himself and a few of his allies. That does not do justice to anyone's memory, no matter how superficially similar it may appear. MLK was about than just knee-jerk protests. He had principles. Smitherman could use a refresher on those principles.

The Time Is Now: Read Tom Callinan's Essay on OTR

Please read Tom Callinan's Essay about preservation of OTR. It is a straight forward piece that points fingers everywhere. We all must act. The attitude is the first thing and the phone call that Tom should make is to WLW-AM and try to convince them that their hate filled anti-city attitude are not only wrong, but they will hurt when the city loses as well.

The Urban core is the heart of the metro area. It must thrive and it will bring all of the Tri-State area along with it..

Best Unauthorized Use of a Registered Trademark Goes Too...

Cincinnati MetroMix had egg on its face this week with what they had originally billed as the "Best of Cincinnati" contest. CityBeat made MetroMix aware of the problem with using "Best of Cincinnati" which is a federally trademarked item. MetroMix updated the information surrounding the contest, including the website.

The moral of the story, check with the lawyers before using a title that sounds like a very similar title for a very similar contest that's been around for 14 years. Better yet, be original, and don't rely on corporate programs! A long winded moral, but one that everyone should learn. The non-relying-on-corporate part is the hardest part to do, since most of reliance is mandatory. Another reason to read local.

The actual Best of Cincinnati voting opens soon!

Because We Have To Do Something

Approximately 2 million people live in the capital of Haiti and the surrounding areas where the earthquake struck. The American Red Cross is now estimating that 3 million people are affected by the disaster. Current reports from Haiti tell of terrible destruction, widespread chaos, and overcrowded hospitals. Preliminary reports are estimating the death toll could be as high as 50,000.

Former Republican Presidential candidate, Rev Pat Robertson says the earthquake is God's punishment on Haiti because of some "pact with the devil" Haitians made at the time of Napoleon III. America's moral compass (and occasional drug addict), Rush Limbaugh, saw the devastation and death in Haiti this way:

This will play right into Obama's hands. He's humanitarian, compassionate. They'll use this to burnish their, shall we say, "credibility" with the black community--in the both light-skinned and dark-skinned black community in this country. It's made-to-order for them. That's why he couldn't wait to get out there, could not wait to get out there.

Thankfully neither of these cartoonish boobs represent actual people in America.

Help the people of Haiti in any manner you can.

Council Staff Bonuses Not a Big Deal

Berding and Bortz gave year end bonuses to their staffers.

This is not a big deal, especially since the amount of money is not hugely significant. They both did not use of their payroll budget, so how they structure the salaries of their staff is their prerogative. I was pleased to see everyone come in under budget overall. I wonder, what is Monzel not spending money on that other council members are? How is he able to have 25,000+ left over? Cole was close behind at 17,000+. So the question could go to her as well.

And Many More....

Happy birthday to Brian Griffin, who has just completed his thirty-eighth revolution around the sun!

CSO 2010-11: Wow, Wow, Wow!

The Cincinnati Symphony Orchestra has announced its 2010-2011 schedule. It is, easily, the most impressive lineup of CSO concerts in one season in the ten years I've lived here.

Both Janelle Gelfand and Mary Ellyn Hutton have the scoop. (A note here: until this weekend, I was unaware that Ms. Hutton, the outstanding reporter/critic formerly of the Cincinnati Post, had a site where she continues to write and blog. Griff: get a link up!) The highlights of the season include:

• a cycle of all five Beethoven concertos;
• five commissioned fanfares;
• an opening weekend featuring Kathleen Battle;
• a "farewell gala" featuring Yo-Yo Ma; and
• Vadim Repin performing the Sibelius Violin Concerto.

Because Paavo will be a busy man (CSO is just one of four gigs worldwide for him in the upcoming season), Music Hall will also host a great variety of guest conductors. Since all of the guest conductors are rising stars, that may play a pivotal role in the CSO's search for post-Paavo leadership.

Paavo will conduct nine of the season's concerts. (At least, I count nine. Gelfand and Hutton both say eight, but I think they're referring to subscription series concerts, which doesn't include the Yo-Yo Ma farewell gala.)

It's a season to look forward to, and will no doubt be one to remember.

City Council Passes Rules by 6-3 Vote

WVXU is reporting Cincinnati City Council adopted rules rules to govern council today, almost a month and half after they normally are adopted.

I'm wondering who voted in the majority, anyone there for the vote care to update us with names?

Does Smitherman Only Know How to Threaten People?

Is Chris Smitherman, president of the local chapter of the NAACP, only able to communicate via threat?

It sounds like the school board to a degree agreed with his position that not enough African-Americans were employed on the current school construction projects. So, Smitherman went into his bag of tricks and pulled out the only thing he has: shouting threats. Political retribution to a school board is akin to telling a volunteer staffer you are going to dock their pay for being late. That aside, Smitherman has no political power to use. In the last election he had little influence on City races, so what makes him think he can do anything for the school board?

The more telling questions not answered were alluded to in the article: How many non-whites are employed on the constructional projects? Did the projects reach the goal of 40% of workers from city residents?

Maybe if Smitherman asked more questions, instead of demanding answers to the wrong ones, he might be taken seriously and maybe even has his opinion considered.

What's Worse: Cheating or Betting?

Pete Rose was accused of betting on baseball and banned from the game--including its Hall of Fame--as a result.

Mark McGwire has been accused--and has now admitted--to using steroids. His penalty? None. In fact, it appears that he will continue to be the hitting coach for the St. Louis Cardinals.

As regular readers know, I wasn't born and raised in Cincinnati, though it is my adopted home-town. I now consider myself a Reds fan. But I'm no Pete Rose groupie. As far as I'm concerned, Rose got the penalty he deserved, first for betting on baseball and then for lying about it for years. I don't buy the argument that it's OK since he never bet "against the Reds." Once he started betting for the Reds, he bet against his team every time he didn't bet for it. Everyone--including Rose--knew that getting caught gambling on baseball would get you baseball's version of the death penalty.

I don't know, though, how McGwire's transgression is less onerous than Rose's. Rose didn't cheat. Even under my theory of betting "against" his team, Rose has never been accused of intentionally altering game outcomes. But that's not so for McGwire. McGwire cheated. He gained an advantage through his conduct. And in doing so, he sullied one of baseball's most hallowed records.

Let's be clear about what McGwire did. This isn't a pitcher doctoring a ball on the mound, an act that can be detected by a smart umpire. This isn't even about HGH, which wasn't banned by the MLB until 2005. This was steroids--the rage-inducing, testicle-shrinking grandaddy of performance enhancers--which were banned in 1991. He knew he was breaking the rules. He knew he was gaining an edge. And he did it anyhow. He admits that he used during 1998, when he broke Roger Maris's single season home-run mark.

Mark McGwire should have the courtesy and grace to remain in the obscurity to which he had retired after his infamous testimony before Congress five years ago. The Cardinals' decision to retain his services as a hitting coach--to prop him up as a role model for how young players should approach the game--is vile. McGwire's presence on a major league coaching staff is an insult to every player who played or plays the game within the bounds of the rules, and an affront to every fan, unaware that McGwire's success was the result of illegal intravenous drugs, who cheered his hitting prowess in 1998.

If McGwire doesn't have the decency to stay away from the game and the Cardinals lack the wisdom to keep him away, then baseball and Bud Selig must step in to impose a penalty on McGwire. Given that McGwire's actions changed game outcomes and stole a coveted record, how can his sanction be any less severe than Rose's? Bud Selig must make the tough decision faced by Bart Giamatti in 1989 and force McGwire to accept banishment from the game.

The Reds open the 2010 season this April against the Cardinals. I don't normally boo much at ballgames or encourage others to do so, but if McGwire is present, he should be booed. And he should be ashamed.

Will Ghiz End Toys For Leis Program?

BossSexy makes a good point about Leslie Ghiz: if elected to the Hamilton County Commission will she put an end to the useless toy purchases made by th Sheriff's department? Could they maybe sell off some of the toys and maybe put the money to actually investigating more crimes throughout the county? I mean with Si Leis, the local Sheriff, as her campaign chair, she stands a good chance of talking with him about his problem of having too many toys he doesn't need. He will surely listen to her....

Using his toys in parades doesn't actually save money, like a Kindle will. Ghiz hasn't done much saving money as a council member. She's saved lots of raises for the FOP, but that would be about it.

The Phony Coney Probes Who is Funding COAST

I would have thought there would be more in lines of local right wing nuts funding COAST, but it turns out there's more of a special interest motive at play. I wouldn't be surprised to see COAST start a petition drive to try and force the State of Ohio to issue gold coin currency, right after the check from the Gold Miner's Association cleared.

Extra-Territorial Warrants and the Fourth Amendment

For those to whom the title of this post is gobblety-gook, I apologize. But I wanted to take a moment to mention that during the last week of 2009, the Second District Court of Appeals (which includes Montgomery, Champaign, Clark, Darke, Greene, and Miami counties) issued an extremely interesting decision on a legal question that is quite murky. So please bear with me while I go all law-geeky.

The facts are quite simple: Miami Township police came to believe that Kevin Jacob had committed a theft offense. (Believe it or not, he allegedly stole several Hummel figurines. Note to would-be thieves: people get very, very possessive about their Hummels.) Eventually, the police decided that Jacob had taken the figurines with him to California, and convinced a Miamisburg judge to issue a warrant to search Jacob (then in California), as well as a residence and two cars also in California. The warrant was sent to and executed by the San Francisco police.

The question before the Second District was this: can an Ohio judge authorize a search in California? In an opinion written by Judge Froelich, the court concludes that it does not. The court's decision relies heavily on the statutes and rules enabling Ohio judges and magistrates to issue warrants, all of which limit the judge's power to his territorial jurisdiction. "Crossing state lines," writes Judge Froelich, "by allowing an Ohio court to determine when California citizens and property are subject to search and seizure crosses [a] constitutional line."

As is my policy, I'll not comment on the merits of the court's decision. I did want to note, though, that one of our local courts of appeals recently wrestled with a particularly thorny constitutional question. For more analysis--including some discussion of how this applies to internet crime issues--read this blog post by Professor Orin Kerr of George Washington Law School.

By the way, because the appellate court determined that the issuance of the warrant was outside of the trial court's authority, Mr. Jacob's conviction was set aside; should the State seek to retry him, it will not be permitted to use the evidence obtained from the California search during a new trial. Given the novelty and importance of the issues raised, I'd be surprised if the Montgomery County prosecutor doesn't seek review before the Ohio Supreme Court (and perhaps ultimately the US Supreme Court).

Mr. Jacob was represented on appeal by Jennifer Getty of the Getty Law Office in Dayton.

UrbanUp Ponders Exclusivity

Sherman Cahal at UrbanUp ponders the viability of exclusivity in the booming downtown club scene. At last count there are at least five high-end clubs (with one more on the way) in the Downtown area. This doesn't include the high end restaurants. Can the market take this level of supply? I could use another Arnold's in Downtown. Can we clone it?

Let's Go Bengals!

In all likelihood, today is the Bengals' final home game of the 2009-2010 season (theoretically, the AFC Championship could be played here, but only if the Bengals beat the Jets and the Chargers and the Ravens beat the Patriots and the Colts).

Those of us who live in the southwestern corner of downtown have a unique experience when we watch Bengals' home games on television. (And since I don't have tickets, that's how I'll be watching.) To make sure we don't hear any bad words, games are, of course, broadcast with a delay of several seconds. For some reason, digital cable (to which I subscribe) is often a second or two behind its broadcast or analog cable counterparts. So people see plays on their TV about 7 to 12 seconds after they happen in real time.

Why does that matter? I live close enough to Paul Brown Stadium that I can hear the crowd. I can hear the crowd's intensity rise during and after a particularly positive play for the Bengals. And I can hear it, usually, a couple seconds before the ball is snapped on my TV. So as the team is at the line, if I hear the volume of the crowd suddenly pick up, I know the Bengals are about to have a big gain or a score.

I don't really have any game analysis for you (for that, check out one of the sports bloggers, like Lance McAlister). But I wanted to offer some sort of game-day post wishing the Bengals well.

And wouldn't it be cool if the AFC Championship game were here?

Velvet Opens on Fourth Street

I'm not really cool enough to be in the know about things like this (I was hoping perhaps 5chw4r7z had the scoop, but there's nothing on his blog), but by virtue of proximity, I can report that a new nightclub has opened on West 4th between Plum and Central, in the space previously occupied by Bang. The new club is called "Velvet," and was open this past weekend.

I can't seem to figure out the new club's hours or who, exactly, is running the show (though I think it's the guys behind Bang/FB's/Club Clau/etc.). Some of the club's residential neighbors have complained about noise during the club's opening, so one hopes that the club will work to be a good neighbor. Velvet's owners should remember that a busy nightclub in that block is a relatively new phenomenon, and many of the street's residents pre-date Bang and thus weren't looking for the residential experience of an entertainment district.

If anyone has some info on the new club, feel free to post in the comments.