Wednesday, December 19, 2007

Public Service Announcement On Street-Crossing

My earlier post on red-light cameras led to some comment-thread discussion about downtown drivers mowing down pedestrians. As both a downtown driver and a downtown pedestrian (though usually not at the same time), I feel it necessary to offer the following advice to those strolling about downtown:

In order to safely cross the street, follow these simple steps:

1. Proceed to the nearest crosswalk. Downtown, you can usually find one every half-block.

2. Wait for the crosswalk indicator to say "Walk." The flashing "Don't Walk" sign does not mean "Walk, but do so very quickly."

3. Cross the street at a ninety-degree angle to the curb, within the marked lines.

For those that think it's okay to cross the street with the traffic signal when the "Don't Walk" sign is flashing, you're wrong. You may notice that the pedestrian signal on one side of the street will read "Walk" longer than the one on the other side. This is not an accident. Instead, it occurs so that cars can turn off the street they're on without fear of hitting someone in a cross walk. Race Street, for instance, is a one-way street headed southbound. Fourth Street is one way headed west. The crosswalk indicators on the west side of the intersection (to cross Fourth) will start flashing "Don't Walk" well ahead of the traffic light turning red. If it didn't, cars that want to turn right could never do so. So when you cross against the pedestrian signal, you create a traffic jam. Don't do it.

And for the commenter who wondered: pedestrian injuries are a real issue downtown. Over the last year, I can think of at least two downtown pedestrian deaths, just off the top of my head.

Finally, to the guy who yesterday afternoon decided to run across Central Parkway (at Main Street) while carrying a baby in a car seat after the light turned red (meaning oncoming cars had a green light) : you're an idiot. And if I find out who you are, I may try to file a complaint for child endangering. I don't care how expensive your suit was. You need a couple of days at Queensgate to reflect on life.

Nativity Scene on Fountain Square


I don't know when this was put up, but a very permant looking structure is displaying a Christian Nativity scene on Fountain Square. I took the above picture today just before 1 PM. I could find no signage indicating who put it up, who paid for the very significant (close to permanent) structure, or why it is even there. A Menorah was up during Chanukah, which all stems back to preventing the KKK from putting up a cross on Fountain Square. In prior years Christian groups got together and put up a cross, preventing the KKK from doing so. That cross was very much non-permanet, like the Menorah. This year it appears to be to be different, unless I don't remember it being there last year.

This display is a more prominent place than the Menorah, which was placed behind the tree. This display is very up front on the Vine Street side of the Square. I really personally believe all of these displays violate the Constitution, but courts have ruled that the short term displays can be permitted. What I find most objectionable here is that this Nativity scene was not constructed as a short term display. A landscaper was likley used to build it. The display can be removed, and I am sure it will be, but at whose expense? That is the other problem, who paid for it? I think it should be the policy of the city to have any religious display accompanied with a reasonable notice, preferable a sign, stated who got the permit and who paid for the display.

If any city or 3CDC money or services where used and not reimbursed, then favoritism and thus a violation of the law would have occurred.

I will be waiting people to chime in here and say "What the big deal." Well, I have the legal right to pay to have a statue of Zeus (or phallic symbol or a wood carved Homer Simpson) displayed on Fountain Square on my religious holiday. I have to the get the right permit, clear the size, safety, and insurance concerns with the Fountain Square management. If I can't, which I would bet there are things that would be blocked, and I don't mean just the phallic symbol, then that is a "big deal." When religion or certain religions get favored over other religions or the lack of religion by the government or its representative, then a violation of the 1st Amendment has occurred. If the constitution and the 1st Amendment specifically aren't a "big deal," I would then bet you voted for Bush.

UPDATE: Bill Donabedian, Manager of Fountain Square, has confirmed the following:
  • A private organization put up the Nativity Scene
  • There is a sign stating such.
  • This was done last year as well.
  • The display will be removed after the 25th.

Tuesday, December 18, 2007

Eye of the Beholder

At the Enquirer's Politics Extra blog, Jessica Brown quotes Butler County Chief Deputy Anthony Dwyer as saying that "other than [the difficulty with visits from family members], I think they [inmates] were happier to spent [sic] time here."

At least with respect to pre-trial detainees, that wasn't what I was hearing from my clients. They felt that they were being treated as "second-class" inmates up in ButCo. Here in HamCo, there are some programs that even pretrial detainees can make use of to try to improve their post-incarceration lives. Those weren't available to them in ButCo, presumably because ButCo's sheriff wasn't interested in doing anything with them other than collecting the rent HamCo was paying him. And ButCo seemed to pay absolutely no attention to some pretty standard rules regarding which inmates should (or should not) be housed together.

And Dwyer downplays the importance of visits to inmates. Let's face it: most people that are locked up (at least prior to trial) are poor (otherwise they'd "make bond" and be out on the street). I've represented clients stuck in jail on as little as $1,000 bond. If they're poor, their families likely are, too. And that means that getting to Hamilton (the city) can be extremely difficult. For an inmate waiting for the resolution of a case that could lock him away for many years, contact with family is often one of the few stabilizing things in his life.

HamCo's decision to house pretrial detainees in ButCo also created another problem that's not much talked about: attorney visits. The HamCo Public Defender set up a video conference system so that attorneys (even those of us in private practice representing clients on appointment) could talk to clients from the Defender's office via video feed. But it's impossible to pass documents to a client that way, and sometimes, there's no substitute for a face-to-face meeting.

Finally, I've never seen any figures on the cost of transporting inmates back and forth to ButCo. We routinely see the per-bed cost paid to ButCo itself, but every time a ButCo-housed inmate was transported to HamCo for a court date, there was some, additional cost (both in deputy-hours and gas money).

While I understood the need to find another space to house inmate, I, for one, am not sorry that the ButCo contract has ended.

Red Light, Green Light

Cincinnati City Council--where bad ideas never really die, they just . . . hang out until the next budget shortfall.

It looks like "red light cameras" have enough votes (Cole, Cranley, Crowley, Qualls, and Thomas) to become part of Cincinnati life. Mayor Mallory seems to object to the idea (so far as I can tell from the Enquirer's coverage) only on the grounds of timing. So there's no telling what he'd do if the cameras are part of the overall budget submitted to him.

Assuming the cameras will be implemented as they have been in other Ohio cities, here's how they work: go through a red light at an intersection with a camera, and a picture of your car (in the middle of the intersection under a red light) will be taken. A "ticket" will be sent to the vehicle's owner.

It's not a typical traffic ticket, though. The violation is strictly a civil offense. No "points" are reported to the BMV or to your insurance company. And you have the right to appeal. But, if Cincinnati uses the plan used elsewhere (and we haven't seen the details yet), you'll have to pay the fine before you appeal. And your "appeal" won't be to HamCo Municipal Court (where we have elected judges), but probably to some hearing officer the City hires.

I suppose we'll soon start seeing lots of ads from this company, which claims to make a product that will make your license plate unreadable when photographed by red light cameras. (I guess it'd make a great stocking-stuffer for your favorite traffic scofflaw.)

Monday, December 17, 2007

Exchange Closed

Another Dance Club on Main has bit the dust. At this point it would seem it was closed, at least in part, to allow focus on the new and nicer Cue. I walked by Exchange on Saturday night at about 11PM and was surprised to see it closed up tight. I think that either this is going to be a slow year of change, or this is it for the Main Street Entertainment district. Right now, there are only three places open: Kaldi's, Courtyard, and Cue. Speakeasy and Mixx are supposed to open soon and I just don't see Rhino's ever open to really count. Is Ocho Rios open at all? I am lumping Below Zero into the Gateway Quarter area, which is warming up nicely, but needs the restaurants to open up. At this point, unless something really big happens, I don't see how MidPoint could happen on Main Street next year, at least not focused on the Main Street area.

OtR: Cincinnati's homegrown holiday tradition


Every year-- since 1994, I believe-- Over the Rhine has hosted its own sort of holiday party. It started at the Emery Theater (whose website needs to be updated-- the last update was in 2001!) and has now moved to the Taft Theater, where on Saturday night (despite the weather conditions, enough to make any Cincinnatian stay home for the evening) they played to a full house.

Karin Bergquist and Linford Detweiler started up the band in 1989 in an apartment on Main Street, and in subsequent years gained a pretty impressive local following. After the release of their 2003 album Ohio, they gained real national attention-- awards, great reviews in national magazines (including Paste Magazine's first five-star review for Ohio), and sold-out tour dates both in the US and abroad.

The Cincinnati Entertainment Awards just this past year voted them "Best Musical Ambassador for the City"-- which is why I'm mentioning them here. Nearly every time I talk to someone from out of town who asks where I live and I say, "Over-the-Rhine," I don't get the response I get from locals (who react as if I said I lived in Gaza or Baghdad), but instead, "Over the Rhine-- you mean, like the band?" This gets a nice little dialogue going-- there's nothing like connecting with someone over music-- and we can talk not just about the band, but the rich history of Cincinnati's neighborhoods-- not just Over-the-Rhine.

If you want to support a local artist this holiday season, pick up their holiday album Snow Angels (available at your favorite local record store).

What do you consider a Cincinnati holiday tradition? Playhouse's A Christmas Carol, the trains at CG&E/Cinergy/Duke? The Nutcracker at the Cincinnati Ballet?

Sunday, December 16, 2007

Joe Wessels To Write For CityBeat

Joe Wessels will be writing for CityBeat starting next month. I look forward to reading Joe's perspective. I also am very interested in what the "mild refresh" of CityBeat shall entail.

“We were forced to cut the lion’s willy off with the aid of a computer.”


The world has gone mad:


Protests from female soldiers have led to the Swedish military removing the penis of a heraldic lion depicted on the Nordic Battlegroup's coat of arms.


Saturday, December 15, 2007

Conservative Talk Radio Fails

Let us all join together and have a communal IN YOUR FACE to the likes of Bill O'Reilly and Glenn Beck.

Now, to be clear, a clone of WEBN is not adding much to the local radio climate. I am happy they are keeping Miami sports, however.

Friday, December 14, 2007

Brunner Reports On Electronic Voting, and the News is Not Good

Earlier today, Secretary of State Jennifer Brunner released the Evaluation and Validation of Election-Related Equipment, Standards, and Testing report (or the EVEREST report). Early Enquirer coverage is here; the full, eighty-plus page report is here.

Brunner devised a remarkably aggressive evaluation protocol, engaging both a private consultant and academic researchers to test the integrity of the voting systems used in Ohio. The Hart voting machines, used here in Hamilton County, got particularly low marks. How's this for scary?

The researchers concluded that virtually every ballot, vote, election result, and audit log is “forgeable or otherwise manipulatable by an attacker with even brief access to the voting systems.” The reason is that the mechanisms that Hart uses to protect data and software is frequently based on absent or flawed security models. The researchers concluded that “in most cases these issues cannot be addressed via software upgrades, but call for rethinking of both technical design and procedural practices.”

(EVEREST report at 44.) The Enquirer article mentions some of the EVEREST report's recommendations (particularly the suggestion that votes be centrally scanned and tabulated, a process that Hamilton County BOE officials think could take four days). From a voter's standpoint, the most notable proposal is one the Enquirer misses: Brunner recommends (at pages 77-80 of the report) that polling places that consist of fewer than five precincts be eliminated, and that "Voting Centers" consisting of 5 to 10 precincts each be created. Moreover, she suggests a true "early voting" system through which the "centers" would be open beginning fifteen days prior to Election Day. (And if BOE officials are permitted to scan (but not tabulate) ballots at the end of each day, that may solve the purportedly long wait-time for results created by centralization of counting.)

That's two huge changes, one of which I support but the other I view with some skepticism. Early voting seems like a good idea that should be implemented. We should always be looking to create more opportunities for citizens to participate in the electoral process. I'm concerned with the notion of large "Voting Centers," though, and the impact that change would have on the indigent and marginally indigent. The advantage of single-precinct polling places is that people don't have to travel far to get to their polling place. Consolidating them inevitably means a longer trip for many people, and we should be concerned about what effect that would have on voter participation. Perhaps the two week period for voting would make this a non-issue, but I'm not convinced that the EVEREST group fully considered the potential problem.

All 'Roided Up and No Place To Go

Senator McCarthy Mitchell has released his report. Reds reliever Mike Stanton is named as having used steroids.

If last season was one in which Stanton was "enhancing" his performance, he apparently needs to find a better method: his ERA was 5.93 over 57 and two-thirds innings. And maybe if Adam Dunn got some help from modern chemistry, he might be able to hustle out a double here and there....

Main Street Treading Water

Joe Wessels has a good story in the Post about where the Main Street Entertainment district is going. At the beginning of 2007 there was a sense that Main Street was on the rebound. A new theatre was opening, Neon's was living on, and the former Main Street Brewery location was going to open again.

Well, where it is going at this point is unsure. Cue's opening is good, but the location is slow out of the gate. It appears to me that they are not opening every night they are advertising. Neon's is a mess. Mixx is supposed to open on New Year's Eve, but I am not going to hold my breath. What is happening? Are we just in a slow period of flux? Will 2008 be a big year?

One issue already looks better: Club Red and Club Dream are no more. Good riddance to the bad promoters who catered to the drug dealers and the foolish people who idolize the drug dealers.

Money appears to be the problem with Vinyl and Neon's. Harry's Pizza hasn't opened up either, nothing appears to be happening there.

The situation is right for things to bounce back, but I think and I hope it is not going to be a place for the nutty partiers. An older more sophisticated crowd would be best.

Looking ahead, what will Midpoint do?

Wednesday, December 12, 2007

A Good Deal for Downtown

As reported by the Enquirer, FirstGroup (which owns Greyhound and Laidlaw) will keep its North American headquarters in Cincinnati, and will move from Centennial Plaza to the Center at 600 Vine (formerly "the Convergys Building"). It's a good thing for the 600 Vine building, which has been sadly, sadly empty for the past two years.

It also sounds like the kind of deal the City should be making with corporations to keep them around. Yes, FirstGroup gets a million dollars to cover the cost of their move (they should've called Two Men and a Truck, who probably could do it for less!), but the City will recoup that through payroll taxes on newly hired FirstGroup employees. And if FirstGroup doesn't hire as many people as it has promised it will, it has to repay the City itself.

20,000 Federal Prisoners May Be Resentenced

For years, some people have complained about the sentencing disparity that exists in the federal system with respect to crack and powder cocaine. Until quite recently, possession of one gram of crack cocaine was treated as the same as possession of one hundred grams of powder cocaine.

The United States Sentencing Commission, which is responsible for writing the sentencing guidelines under which federal defendants are sentenced, re-wrote the recommended sentences earlier this year, greatly decreasing the discrepancy (resulting in shorter recommneded prison terms for crack offenders). That was big news. But the really big news came yesterday, when (as this article in the Post explains) the Commission voted to make the new guidelines retroactive. In other words, defendants who were sentenced under the old guidelines pertaining to crack cocaine possession and trafficking may now ask their judges to resentence them.

The Post describes the result as "early release," though that's not how the term is usually used. Typically, we think of a prisoner being released "early" when he or she serves less than the full sentence imposed by a judge. Here, the affected inmates will get new sentences (and they will serve the full sentence a judge says that they should serve). And remember: judges aren't required to give new sentences; they can turn down the requests upon a determination that the original sentence was appropriate.

The move by the Commission is nearly unprecedented. Many will view this as justice long denied due to unfair sentencing laws.

(For those who are wondering, Ohio law treats crack differently than powder cocaine, but the difference is not so dramatic. While the (old) federal ratio was 100:1 (100 grams of powder = 1 gram of crack), the ratio in Ohio is between 5:1 and 20:1, depending on the weight involved.)

Tuesday, December 11, 2007

Chabot Shows How He Waffles

When BushCo claimed that Iraq was building Nukes (Allegedly based on US. Intelligence), Chabot bowed deeply and hosted a big speech in his district for BushCo to spread those lies. When US Intelligence now says that Iran is no longer building Nukes, Chabot finds doubt. So, I guess Steve is a born-again doubter of the Executive Branch. I wish he would have found the light back in 2002 before Bush spewed all of the lies from Union Terminal, history may have been different.

Streetcars: Look to Portland

One of the negatives of the Cincinnati mentality is that "we" don't like to take chances or be the first to do things. On Streetcars we can meet this neurosis by looking to Portland. We can't copy Portland's model, but we can see that it works.

The council member that I believe needs to be pushed hard to support this in the end is John Cranley. He has to run on the Westside and the old school Westside voter isn't going to be keen on Streetcars, unless they see how it can help the whole city, without the line reaching Price Hill or Westwood.

Monday, December 10, 2007

Drop Inn Center: Another Perspective

There's been some discussion here over the last couple weeks regarding the city's problem with "bums" and on the merits of having the Drop Inn Center in Over-the-Rhine. This article provides a somewhat different angle on the Center's work and those who benefit from it. It's well worth reading.

The article is also one more example of why we'll miss the Post next year.

Sunday, December 09, 2007

Gateway Quarter Celebration

Come on down to the Gateway Quarter this Thursday for a holiday celebration:
The Gateway Quarter is having a special holiday event on Thursday December 13, and they want all DRCers to know they are welcome to attend. Our neighbors from OTR, Pendleton, West End, etc have also been invited to attend.

Join us December 13 in Over-the-Rhine's Gateway Quarter. The fun kicks off at 6 p.m. with music and refreshments at Enzo's followed by special offers at City Roots, Metronation, MiCA 12/v and Park + Vine. Caroling starts at 7:30 p.m. in the 12th and Vine parking lot. Head to Below Zero Lounge for more holiday cheer at 8 p.m.

Ten percent of all sales go to the School for Creative and Performing Arts.
FREE and OPEN TO THE PUBLIC!
Hat tip to Jacki D.

Thursday, December 06, 2007

Choo Choo

My two previous posts are not-so-happy thoughts about downtown. Sorry about that. To balance those out, I thought I'd mention my favorite Cincinnati holiday tradition: the train display at the Cinergy--err, Duke Energy Building at 4th and Main.

300 train cars (0-gauge). 50 engines. 1,000 feet of track. Open 10-6 (except Sundays, when it's 12-5). What more do you need? According to Duke, more than 9,000,000 visitors have stopped by since the trains began running in 1946.

If you're new to the city and haven't seen this, it alone is worth the trip downtown (especially if you have kids). If you're a native who hasn't been to see the trains in a while, then come on down and refresh those childhood memories.