Heimlich Out of 2nd District Race

Phil Heimlich has quit the GOP Primacy race of the Ohio 2nd Congressional Race. Phil's political career is done, or he has to go into hibernation for a decade or two before the GOP will touch him with a 30 foot pole.

YouTube Campaigning Comes To Southwest Ohio

Apparently every legitimate candidate now needs someone to sing about them on Youtube. Meet "Wulsin Girl."

It turns out that Wulsin Girl is actually Ann Driscoll, a 20 year-old first-year student at Berklee College of Music. If I ever run for office (unlikely!), I hope she likes me.....I can only imagine the really bad things she'd manage to rhyme with "Caster."

[Links via Malia Runyon at the Enquirer's Politics Extra Blog.]

WOXY's Rock 'n' Skate At Fountain Square

Indie Rock, ice Skates, and beer make for a fun evening on Fountain Square. $0.97 to skate and $2.00 skate rental. A nice deal for a fun event. It takes place this Friday Night (January 25) 7PM to 11 PM.

For more on skating at Fountain Square, hit www.myfountainsquare.com.

Are Streetcars The Answer? I'm Not Convinced.

I realize that I can openly disagree with Brian only so many times before I wear out my welcome, but I have to admit, I'm not sure that streetcars are the panacea that will revitalize downtown and Over-the-Rhine.

It seems that everyone who has jumped onto the streetcar bandwagon wants to remind us what a great boon they've been in Portland, Oregon. Well, bully for Portland! I grew up in Buffalo, NY. And the streetcar fervor in Cincinnati sounds much like what we were told about a new subway in Buffalo when I was growing up. It'll spur economic development, people said. It will attract new businesses downtown and everywhere along the subway line, people said.

Guess what? Buffalo's subway system has been open since 1984. Does anybody think Buffalo represents a model of economic development? And quite frankly, from a demographic and cultural standpoint, which city does Cincinnati more closely resemble: Buffalo or Portland?

Why do people think that what was good for Portland of the Pacific Northwest will be good for Cincinnati, in the heart of the Midwest? Here are some statistics to show the differences:
Population: Cincinnati--332,252; Portland--537,081
Median income: Cincinnati--$29,554; Portland--$42,287
Racial composition: Cincinnati--52% white, 49% black; Portland--75% white, 6% hispanic, 6% black
Average number of days with high temparature above 90: Cincinnati--28; Portland--10.
Average number of days with low temperature below 32: Cincinnati--98; Portland--44.
Average snowfall: Cincinnati--23 inches; Portland--3.1 inches.
Average price for a gallon of gasoline: Cincinnati--$2.87; Portland--$2.97.

Streetcars may be a good idea. But lately, some have suggested that they're the most important piece of the puzzle to development in Cincinnati. That's going too far. The City's most impressive piece of real estate--the Banks--has sat empty for years because our local leaders can't get their acts together. And OTR residents are still in need of more places to work, shop, and play.

Without strong, competent leadership, streetcars won't do the city a bit of good. And we seem to have leaders who are great at talking about things, but not so good at seeing them through. Doing the homework to get things done seems to be more than many of our politicians want to do. Does anyone else remember that when the street car plan was rolled out at a Council meeting (a committee meeting, I think), Chris Bortz went so far as to say that the City wouldn't even have to pay to have the electrical lines (that would power the streetcars) to be installed, as the utility companies would no doubt do it free of charge, realizing how much money the streetcars would bring in from revenues from new businesses? And does anyone else remember the Enquirer reporting the next day that a spokesperson from Duke Energy indicated that they hadn't been approached about that, and that it would cost so much the company would be unwilling to absorb the cost on its own?

Urban planning and economic development is tough stuff. We need people in our leadership who want to roll up their sleeves, not just be on television as often as possible. Streetcars might be one piece in a very complex puzzle that will help Cincinnati be prosperous. But a solution in and of themselves? Color me decidedly undecided.

Deters Simplified

Justin Stenger wrote a good guest column in the Enquirer this week, rebutting the idiotic comments of Hamilton County Prosecutor Joe Deters. A Simplified Deters is strong exhibited with this "if" statement from Justin:

"If Deters really wanted the streets of Cincinnati to be safer, he would encourage visits to the city's core, not discourage them."

Deters cares about getting elected again, that would be about it.

[Via Wes]

It's Streetcars!

UrbanCincy's readers say Streetcars should be the #1 priority for Cincinnati . In terms of Development, they are totally correct! Two other issues that should be constant priorities are fighting crime and centralizing social services outside of area being redeveloped. If you think I am talking about moving the Drop Inn Center, then you would be correct. It will move. The question for DIC management is do they get a good deal or are they forced to move?

The Caton Mess

Since learning of the impending promotion of now-Sergeant Patrick Caton, I've really been struggling to sort through my views on the matter. That, no doubt, will suprise many of you. "Donald," you'll say, "Your civil practice includes civil rights law. You've got to be horrified that Caton is still a police officer, much less a sergeant."

And I am. But it's not that simple. This is a situation in which several deeply-held beliefs are in conflict. Maybe our faithful readers can help me sort them through in the comments.

• I grew up in a union household. I believe that working men and women have the right to organize, and to bargain collectively for the terms and conditions of their employment. And I believe that employers must be required to abide by the agreements they enter into with the unions that represent their workers.*
• I'm a criminal defense attorney. I believe--I have to believe--that an acquittal means something.
• I'm a criminal defense attorney. I believe that the power of the police has grown stronger than the Framers of our Constitution (particularly with respect to the Fourth Amendment) had ever envisioned or ever would have approved.
• I'm a civil rights attorney. I believe that citizens should not be subject to excessive force at the hands of the police who are sworn to protect us--all of us. And I believe that an officer whose use of excessive force causes serious injury or death should never get the opportunity to do it again. I also believe officers shouldn't use racial epithets while on duty. (They shouldn't ever use them, but I can't imagine them being subject to discipline for non-criminal, off-duty conduct.)

So where should that bring me with respect to Caton's promotion? Our criminal justice system found that he wasn't criminally liable for his conduct. His own department found that he used excessive force and shouldn't carry a badge and a gun any more. But a collective bargaining agreement-mandated arbitration found that the police department got it wrong.

I'm sure there are others out there who have sorted through this dilemna. How do you balance the values involved here?

* I also believe the City should require (through a CBA, where appropriate) most--if not all--of its employees (particularly our police) to live in the City. But that's a whole new discussion.

Dream Team? Freking and Chesley, Together At Last

Two of the most prominent members of Cincinnati's plaintiffs' bar, Randy Freking (of Freking and Betz) and Stan Chesley (of Waite, Schneider, Bayless and Chesley) have teamed up to take on the ultimate Goliath: Duke Energy. They've filed a class action lawsuit on behalf of Ohio energy consumers, alleging that Duke has been offering rebates of recently-approved rate hikes to large consumers (so that those consumers wouldn't oppose those hikes, which are subject to approval by the Public Utilities Commission), and that those rebates have, of course, been subsidized by every other energy consumer (in other words, you and me).

It appears that that the allegations are to be supported by John Deeds. Deeds claims he was fired last year when he raised questions about Duke's payouts to corporate customers; he has filed a whistleblower action which is still pending (he's represented by Freking in that case).

From the complaint, it appears that there are at least eight attorneys who will represent that plaintiff class (assuming U.S. District Judge Weber certifies a class).

But if you're going to take on an energy company, I suppose you have to hope you've got an Erin Brokovich somewhere on your support staff. (Not really--I hated that movie!)

Freedom Center "Controversy"

Over at the Enquirer's Politics Extra Blog, Jessica Brown has a more balanced version of the story surrounding the Freedom Center's offer to sell part of its land to Hamilton County and the City of Cincinnati than what we've been hearing from the media the last few days.

For those of you who haven't been paying attention: the Freedom Center is built on land given to it by the city and the county. Included in the gift is a 1.7 acre parcel of land between the Center and the Ohio River that the Center had intended to develop as a park. But the Freedom Center has never had enough money to do so so the land, like the rest of the area next to the riverfront, has sat fallow for several years. Now, the Banks Working Group wants the land to use as part of the Banks. The Freedom Center offered to sell the land back to the city and the county for $1 million, with each sovereign to apparently foot half the bill.

Based on the histrionics coming from the county commission, I'd assumed that the offer had come out of the blue. But that's not so, based on Brown's report:

The Freedom Center says it had been negotiating the $1 million price tag with the Banks Working Group since last summer. It had two assessments done that
actually placed the land at a much higher value. It says the negotiations were
in good faith and everyone seemed to think the request was reasonable.The
Working Group includes representatives from both the city and the county, so
none of the elected officials should have been surprised at the request, which
was reduced to writing Dec. 31, said Freedom Center's Paul Bernish.City council
wasn't surprised. Some council members even said they thought the Center would
ask for more. But somehow commissioners were caught off guard.

Of course, this whole episode is a PR nightmare for the Freedom Center (that seems to be Bronson's main point today). But I'm not sure that the Freedom Center's board has had much of a choice but to act the way it has. After all, the board has a fiduciary obligation to protect the assets of the Freedom Center, a non-profit organization. One of those assets is a highly marketable, very expensive piece of real estate. Giving it away would be financially irresponsible. If the Freedom Center weren't an entity, and were instead just some guy named Bob, and the county wasn't--well, the county, but instead just some guy named Fred, then you'd expect that Bob, upon realizing he couldn't use the land Fred had given him, would give it back to Fred if Fred had found a good use for it. But we're not talking about Bob and Fred; we're talking about local government and a non-profit organization. It's not as easy as our commissioners have made it out to be in their efforts to placate COAST. There may ultimately be a better way to resolve this than to simply take a pile of money from the city and the county, but everyone needs to take a deep breath and calm down.

Caton To Be Promoted To Sergeant

The Enquirer reports that Cincinnati Police Officer Patrick Caton and two others are to be promoted to the rank of sergeant tomorrow. Caton was one of two officers (the other was Blaine Jorg) involved in the in-custody death of Roger Owensby, Jr.

Following Owensby's death, Officer Caton was arrested, criminally charged, and fired from the force. He was acquitted of assault, and an arbitrator subsequently found (in a decision upheld by the Ohio Supreme Court) that dismissal was too harsh, and reduced the penalty to a five-day suspension.

Caton received $200,000 in back pay from the City. The family of Roger Owensby received $6.5 million from the City in settlement of a wrongful death lawsuit.

As the Enquirer notes, sergeants are named based on the placement on a "promotion-eligible" list, which is created solely as a function of an officer's score on a written test (as mandated by the collective bargaining agreement that governs his employment), not any exercise of discretion on the part of CPD supervisors. Here is what appears to be the current promotion-eligible list. As long as a list is "active"--which this one is until July 2008--each time a sergeant position becomes vacant, the highest non-promoted candidate gets the job. For instance, see this press release from October announcing the promotion of the 17th, 19th, and 20th candidates on the list.

This will almost certainly bring up bad memories and angry feelings for some in Cincinnati.

Life Imitating Art

Slate's comparison between Hillary Clinton and Tracy Flick is quite funny, regardless of your politics.

BlackFinn Cincy

Via comments: here's the website Welcome to BlackFinn Cincy! which lists a headline "Grand Opening coming Soon" and it has the address of 19 East 7th Street.

It looks like the new owners are going to keep it pretty much like it is. This means other than changing some signage, the place shouldn't need many other physical changes.

McFadden's Closed, New Owners to Reopen

Popular night-spot McFadden's has closed down and according to the Cincinnati Business Courier, new owners are planning on opening under a new name.

It would appear the Courier may have scooped both the Enquirer and WCPO by finding out about the new owners.

I walked by myself yesterday and it doesn't look like it is shut down for good, it just looked like it wasn't going to open up on Monday. I don't know the last day it was open. It looked odd and caught my eye as I walked by because it had one of the large windows boarded up, like it had been broken.

The bar has been open for about 3 years or so, so this is about the time for reinvention. This is a very slow month for the bar business.

La la, la la la la

The Smurfs turn 50 this year.

It appears that there's a Smurfs movie in production.

For anyone feeling nostalgic, here's a link to the theme song.

BTW: If you're thirty to forty years old and can hear Schubert's Unfinished Symphony without thinking of Gargamel, then you're a more cultured person than I'll ever be.

Throwing Fruit From the Cheap Seats

It appears that Joe Deters thinks it wise to attack Cincinnati with out of date rhetoric, much of which, based on the excerpts, is just baseless. It is funny how many suburbanites posted comments on the Enquirer Blog, with comments like: "I go downtown twice a year." It is so disheartening to read a so-called "leader" of the community spout baseless crap from a distance. One would think that a leader would want to set an example, not instill panic.

The placement of this editorial in a fluffy lifestyle magazine is fairly clearly meant to be part of part of Deters re-election kickoff, even if the outlet is less than mainstream. What better way to fend off an opponent, then to put fear into the suburbanites? The Sharonville (et al) crowd fears the City based on the myths perpetuated on many fronts. One such front is the political rhetoric of people like Joe Deters. At this point Deters looks like a fear mongering fool when he has no one facing him in the election. Throwing fruit at the City is easy when you distance yourself both physically and rhetorically.

Where Should The Drop Inn Center Be?

This is another one of those posts in which I hope to spark a conversation.

We've heard a lot about the Drop Inn Center the past few weeks. This week marks its thirtieth anniversary in its present location. The Enquirer wrote on it here; the Enquirer's Politics Extra Blog discusses it here; and Dan Hurley covered it on Newsmakers this morning (Channel 12 really needs to start giving him an hour each week, when the Bengals aren't playing.) Drop Inn's history (particularly its midnight move) is very interesting.

Most discussions seem to assume two options: leave Drop Inn where it is, or close it and buld the much-discussed CityLink on the West Side. I'm wondering: is there a third alternative? Might there be a better spot for the Drop Inn Center? What if there were sufficient political will to purchase part of Broadway Commons (perhaps the western-most part, adjacent to the bus terminal) and rebuild the Drop Inn Center there? I suppose if the jail tax had passed, the Queensgate jail could have been converted to a homeless shelter.

There are legitimate concerns about Drop Inn's location. It's in the midst of an area that is being revitalized (or gentrified, according to some). It's near Music Hall (though I think CSO lovers too often scapegoat Drop Inn for declining attendance there--after all, the Center doesn't seem to deter opera-goers in the summer, judging by ticket sales). And it's a stone's throw from SCPA.

So assuming we don't want the homeless living en masse under the Brent Spence Bridge, where should they be?

Going Home Again

Courtesy of a friend whom (who?) I now owe a couple beers, I ended up at the UC-Villanova game last night. The trip to Clifton prompted the following thoughts:

1. I was in law school at UC from 2000 until 2003, the height of UC's physical transformation. So venturing onto campus beyond the law school meant dodging bulldozers and cranes. While I've been back to the law school several times since graduating, until last night, I hadn't been anywhere else. Walking though campus on the way to the game, I was truly impressed with what a great-looking campus UC has now.

2. I'd forgotten how much fun it is to watch college basketball in person, particularly when the game is tied with two minutes to play, and even more so when your team comes out on top. (No, I won't post the alma mater this time, though.)

3. As I looked at the students--those I saw on campus, in the student section at the game, the cheerleaders, and the players--all I could think was, "Damn, I'm old."

4. I have to remember that I rely on my voice to make my living. As I drove home with a scratchy throat, I couldn't help but wonder whether the Bearcats might have done just as well if I hadn't added my voice to the chorus of fans, who really came to life down the stretch of the contest. (Of course, that may just be another way of saying, "Damn, I'm old.")

More Coming To West Fourth Street

As this snippet from the Business Courier reports (subscription needed for the full article), one of the co-owners of the Bang nightclub is working on a restaurant, Boss Cox, in the 300 block of West Fourth Street. The restaurant will apparently be themed to reflect the history of Cincinnati politics. (The idea seems to me a spin on the Syndicate in Newport--a mildly dark, historical theme for an upscale restuarant.) Look for it to open this spring.

I have to admit: I was awfully wary of Bang when it first opened. Its owners don't have the best history of sustaning projects for the long run in the area. And when they opened Bang, they seemed to go out of their way to anger residents in the surrounding apartments and lofts (until Bang, the block didn't have a history of late-night entertainment, with the possible exception of Tina's, which brings a much quieter crowd). But Bang seems to have some staying power, and Josh Heuser really seems to be looking towards the future this time.

So even though I'm still not thrilled with the gun imagery on Bang's website, I'm more and more optimistic about its owners' intentions, and the viability of their vision for a Fourth Street entertainment district.

Hopeful signs

A few nights ago, a friend and I went to dinner. Nothing special--we were both working late, and decided to treat ourselves to dinner at Nada (in the space that formerly housed Bella next to the Aronoff). As we made our way over to the restuarant, my friend, who hadn't been out and about downtown on a weeknight in several months, commented, "There's a lot of people out. It's nice to see downtown come to life like this."

And a word about Nada. The food and the atmosphere were both great. Just avoid the supreme margaritas, or whatever the name of their high-end margarita is called--the bartender definitely snookered us a little; when we cashed out we were shocked that our three drinks totalled 42 bucks (that was almost as much as our food bill!).

Are We In The End Times?

Are we now in the much talked about End Times? When Peter Bronson gave praise to the character of a Democratic candidate for President I fear that the world may be coming to an end.