Never Know Who You Pass

On my way home from work tonight at a little past 6PM, I was faithfully following the speed limit (plus a little) down I-71. Over in the northbound lanes I started to see a line of motorcycle cops cruising along with their lights flashing. After a half dozen or so CHiPS look-a-likes, I could see more flashing lights and a big bus up ahead. I felt heartened that I might be passing Obama after his speech in Hyde Park. I wanted to attend the event, but I had to work. It sounds like a huge crowd came and that getting there was a mess. I was surprised they used Ault park as the location. It makes for a great photo, but a horrible place to get tens of thousands of people in and out of.

As the bus got closer I saw to my chagrin the name "Palin" on the front. Disappointment came over me like a huge waive and it was only a fraction of a second later that I was back focusing on the driving. I felt sorry for the traffic jam that lasted on I-71 Northbound from around the Cross County to nearly all the way Downtown.

5th and Race Under 3CDC?

The city has taken another step(next to last paragraph) in turning over development of the empty parking lot at the corning of 5th and Race Streets Downtown.

The Enquirer reported on the plan last week.

Suit Seeks Free Speech for City Employees

Two Cincinnati police officers (including Keith Fangman, former president of the local FOP) have filed suit against the City of Cincinnati, alleging that the City's blanket prohibition on city employees campaigning for political candidates is overbroad and violative of the First Amendment (as incorporated against the states by the Fourteenth Amendment). According to the Enquirer, they seek an injunction forcing the City to permit them to donate money to and distribute literature for the presidential candidate of their choice (one favors Obama, the other McCain--apparently, there's no police officer who wishes to be identified with Nader). The case has been assigned to U.S. District Court Judge Michael Barrett. The plaintiffs are making it clear that they wish to take part in campaigns off-the-clock and (presumably) while dressed in civilian attire.

I've long thought that the City's prohibition was ripe for challenge, and I'm happy to see someone doing it. Should City employees be actively involved in the mayoral or Council elections? Probably not. But is there any coherent reason to exclude rank-and-file employees (not policy-makers) from participating in federal, state, and county races? Not that I can see. If the City is smart, it will quickly resolve this matter: the harder it fights, the higher the bill it will have to pay to the plaintiffs' attorneys once the case is concluded (because this is a civil rights case, a prevailing plaintiff is entitled to have his or her attorneys' fees paid by the defendant).

Full disclosure: I am a former associate (from 2004 - 2006) of the firm now known as Gerhardstein and Branch, which represents the plaintiffs. I no longer have any connection to the firm, nor have I sought to learn anything from anyone connected to that firm about this case.

Quick Hits

Some tidbits from around the local blogosphere I found interesting:


1. After lawsuits that went all the way to the Sixth Circuit Court of Appeals and the Ohio Supreme Court, "same-day voting" doesn't seem to have been very popular. Ben Fischer reports that for Ohio's four largest counties plus Toledo, the total number of people who cast ballots on the same day the registered is a little more than 4,000. I suspect this is because anyone who was truly interested in this election registered during the hotly contested Ohio primary (this includes Republicans participating in Operation Chaos).


2. Jeff Berding has filed a complaint with the Ohio Election Commission, alleging that Better Ballot Cincinnati is making misleading statements about proportional representation. The Commission needs to update its website, which appears to have been dormant for the last two years, but Berding's complaint seems to be primarily based on Issue 8's supporters' contention that PR is how Obama was nominated by the Democratic Party. I've long wondered about that statement myself, and assume that the campaign is referring the large number of states that use caucuses to choose their candidate. This must be what they mean, as I'm quite sure I wasn't given the option to rank candidates when I voted in the Ohio primary. Nonetheless, I think Berding's complaint doesn't have legs, and trying to suppress speech doesn't really help his argument that PR isn't the most democratic way to do things.


3. Justin Jeffre continues in his quixotic quest to garner a few dozen votes for Ralph Nader. Although I've lost most of the respect I once had for Nader (I really liked Nader, but thought he was much more effective as an attorney and public interest advocate than he is with his perennial vanity campaigns), I appreciate and admire Jeffre's dogged idealism.

Mmm, Soul Food

I'm not sure what took me so long, but I finally got around to trying Flo's Plate Full of Soul today (Get in Mah Belly reviewed the eatery over a month ago). It's a takeout-only place on Court Street, just west of Main, open during the week for breakfast and lunch.

I had the chicken chili, cornbread, and peach cobbler (I know, it's a lot for lunch). The chili, though not what I expecting (it's probably more fairly called a "gumbo" than "chili") was really, really good. Very flavorful. The cornbread was OK, and the peach cobbler was to die for.

I hear excellent things about the mac and cheese, so I'll be stopping in soon to pick some up. The location obviously caters to the courthouse crowd. I'm hoping if they continue to do well, they'll be able to expand (the old Chambers restaurant needs a tenant!).

And by the way: all the food I just mentioned was for less than ten bucks (and included a can of Pepsi). So that's one more affordable place to eat downtown.

Maybe next time I'll take a picture of the cobbler. But probably not--that's Julie's job!

Poll: Driehaus Leads Chabot

In a poll from Research 2000 has Steve Driehaus leading Steve Chabot 46% to 44%. There is a 5% margin of error, so this is clearly an even race, but one that has been safe in the past for the Republicans. Obama is doing well in the 1st District and his coat tails along with a Conservative Democrat that can push the right button on the abortion issue for the Westside voter stands an even chance of winning this race right now.

Grammer's to Reopen, But Rathskeller Lost

WLWT reports the great news that the fine folks at Buycincy.com first reported: Grammer's will reopen after the fire, but the Rathskeller was lost. There is no report on their website when they will reopen, but when it does, be sure to show some support with your patronage.

Time to Rethink Trees

Everyone always seems so concerned about having enough "green space" in the city. I've decided that we have too much. Or, at least, too much vertical green space.

I know, trees are supposed to be good things. But with trees come bad, bad things: birds. Birds, in and of themselves, aren't necessarily bad. But the stuff that comes out of their bird-butts certainly is.

I was going to post a picture of my car, after I made the mistake of parking it under a tree (downtown, mind you!) overnight. I decided it might nauseate our readers. The sidewalk outside of my office (across from Piatt Park) has to be hosed down every day because of the foul mess left by our fowl friends.

So maybe, we should replace the trees in the city with something else. We still want shade and the appearance of greenery. How about planting some large versions of these trees?

I'm off to find a car wash.

Wynton: Wow, wow, wow

If you were able to see me tonight between 7:00 and 9:00, you probably observed me with the biggest smile that's crossed my face in a long, long time.

A couple months ago, I saw posters for tonight's concert at the Aronoff Center by Wynton Marsalis and the Lincoln Center Jazz Orchestra.  I quickly bought tickets, put them in a safe place when they arrived by mail, and promptly forgot about them.  Then, sometime around Tuesday or Wednesday this week, I remembered the concert.

I spent the rest of the week tingling with excitement.

I grew up a band geek--in particular, a trumpet player.  I idolized Wynton Marsalis.  I've listened to Wynton's recordings so often, I can actually tell, within a few seconds of the beginning of a song, when it's him on the trumpet.  During high school, during those interminable, boring classes when other guys would tune out the teacher and daydream about the opposite sex, I would . . . well, okay, I would daydream about the opposite sex, too.  But while I was doing it, I would try to perfect the technique of circular breathing, which Wynton had mastered and then discussed during an interview I read.  I never quite got it.

I've only been privileged to see Wynton play live once before (at a free concert at Battery Park on Independence Day, 2002).  Getting to see him tonight was phenomenal.  I don't think there is a bad seat at the Aronoff, but mine was particularly good:  center orchestra, row N.  Wynton and the Orchestra played a variety of songs, reachinig back for tunes by Ellington and Coltrane and forward to songs Wynton composed himself.  I'm sure the Enquirer or CityBeat or both will print a review.  I'm not a critic and won't pretend to be; I'm just a fan, and I wasn't disappointed.  But the concert will be something to tell my putative kids about.  Wynton Marsalis is, perhaps, the single most signficant living American musician.

There were an awful lot of "who's who" types at the Aronoff.  Lots of local politicians and judges.  The one who caught my eye--the one that will always catch my eye when I'm fortunate enough to be in the same room--was retired Sixth Circuit Judge Nathaniel R. Jones.  As much as Wynton was a hero to me in my childhood, Judge Jones is one now that I'm an adult.  I was saddened when he left the bench at the same time I graduated law school.  It's been my honor to actually meet him and shake his hand a couple times at various lawyer-filled gatherings (though not tonight).  I'm not sure that enough people realize that we have a hero of the Civil Rights movement living in our midst.

What a great night.

Election Deadlines

With the election nearing, a review of important deadlines seems in order:

Deadline to register: Monday, October 6, 2008.
Deadline to change registration address: Monday, October 6, 2008.

Absentee ballot request deadline: If by mail, must be recieved by BOE by noon on November 1, 2008. If in person, must by the end of BOE hours on November 3, 2008.

Deadline to return an absentee ballot: Must be postmarked by November 3, 2008 (and received by BOE by November 14, 2008), or delivered to BOE in person by close of the polls on November 4, 2008.

I've posted these dates because (unbelievably), I just got off the phone with someone from a local campaign who thought that the registration and absentee deadlines were the same. They are not. Monday, October 6, 2008, is your last day to register. But you can vote early in-person at the board of elections any time prior to Election Day, as long as you're a registered voter.

Things that can force you to vote with a provisional ballot: If your address has changed and you fail to report it by October 6, you will have to go to the Board of Elections on Election Day and cast a provisional ballot. Also, if you request an absentee ballot and then change your mind and show up at your polling place on Election Day, you will be required to cast an absentee ballot. Remember, provisional ballots are eventually counted, but not on Election Day.

Also, the HamCo Board of Elections has announced extended hours. On Monday, October 6, it will be open from 8 am until 8 pm. From Monday, October 13 through Friday, October 31, the BOE will be from 8 until 8 (though there's a rumor you'll have to come dressed as either Tim Burke or Alex Triantafilou if you come on the 31st). On Monday, November 3, however, it will close at 4.

The HamCo BOE's phone number is 632-7000. It's website is here.

Whether you're a Democrat, a Republican, or something else, please make sure you protect your right to vote.

McCain Absentee Ballot Apps Must Be Accepted

Earlier this week, the Ohio Supreme Court ruled that Secretary of State Brunner must direct Ohio's county boards of elections that the McCain-Palin distributed absentee ballot request forms, which included a checkbox next to an affirmation that the applicant is a qualified elector, must be accepted regardless of whether the box is checked.

Brunner had been taking the position that those who failed to check the box were indicating that they weren't qualified electors, and therefore not entitled to receive an absentee ballot. The Supreme Court rejected that argument (rightly, in my opinion), holding:

[Ohio election law] does not expressly require that the statement be located a certain distance from the applicant’s signature. Because the statute also does not strictly require that the box next to the qualified-elector statement bemarked, we cannot require it. . . . Moreover, we “must avoid unduly technical interpretations that impede the public policy favoring free, competitive elections.” No vital public purpose or public interest is served by rejecting electors’ applications for absentee ballots because of an unmarked check box next to a qualified-elector statement. There is also no evidence of fraud. As relators persuasively assert, the “only reason to complete the form was to obtain an absentee ballot for the November 4, 2008 election,” and signing it necessarily indicated that the applicant represented, “I am a qualified elector and would like to receive an Absentee Ballot for the November 4, 2008 General Election,” regardless of whether the box next to the statement was marked.

(Slip op., paras. 21-23) (citations omitted). So I'll say it: the Republicans were right, and Jennifer Brunner was wrong.

I'll admit: it was fun watching Brunner stick it to the Ohio GOP. After all, the McCain campaign had created an unnecessarily encumbersome form, so it was the GOP's own fault that not everyone filled it out as intended. Moreover, it's been the GOP that has, over the past eight years, strived to create additional barriers to access to the ballot box. And Brunner's position wasn't going to deny anyone the right to vote: all voters had to do was submit a new absentee ballot request. If they didn't, they'd still be able to vote on Election Day. (These weren't, after all, registration forms.)

But the principles enunciated by the Ohio Supreme Court were exactly right, and I'm glad they reached the decision they did. Our public policy should be geared towards making it easier to vote, not harder. And the GOP (some of whose members believe the Seventeenth Amendment should be repealed) should bear this in mind when open access doesn't necessarily favor their candidates.

D'Oh: "Maybe in Ohio, but not in America"

I thought this was funny.

Two-Wheeled Menaces

I know from my survey of the Internets that many local bloggers think Cincinnati needs to become a more bicycle-friendly city.  That's probably true (perhaps we could start by flattening the landscape--who really wants to bike from downtown up to Clifton, Mt. Adams, or Price Hill?).

But a few words of wisdom for bicyclists:  just because you're not in a car doesn't mean you can ignore all traffic laws.  You know those traffic lights in the middle of intersections?  When they're red, you're supposed to stop.  I nearly had to scrape one of you off my bumper earlier this evening when you didn't stop for the light, and I (naively) thought I could proceed through the intersection with my pretty, green light.

And you know those hand signals we learned when we were kids?  The ones for left and right turns?  Try using them.  Those of us in our four-wheeled vehicles might have a clue as to what the hell you're doing.

I Like Pizza! I Like It!

Remember Multiplicity?  That pretty awful Michael Keaton movie where Keaton's character clones himself?  And then one of the clones clones himself?  Explaining the erratic behavior of the clone of the clone, one of the clones says,

"You know how when you make a copy of a copy, it's not as shap as, well, the original."

I'm pretty sure that explains the Republican nominee for Vice President.  You see, George W. Bush has always fancied himself a copy of Ronald Reagan (he's not, but that's a whole separate discussion).  And Sarah Palin is a clone of George 43.  She's trying to emulate the populist aura he exuded during the 2000 election.  She's trying to support his concept of a nearly unrestrained executive (that's why she appeared to agree with Cheney when Ifill asked her whether Palin felt, as does Cheney, that the VP is "outside the executive branch").  And, of course, she decided that Dubya really has been correctly pronouncing the word "nuclear" all these years.

But Bush isn't as sharp as Reagan, and Palin isn't as sharp as Bush.

I always knew that when the torch is passed to my generation (I was born in 1974), we'd have politicians winking into the camera, as if it's a person with whom the candidate is having a conversation.  After all, we grew up watching things like Ferris Beuller's Day Off and Saved by the Bell, where TV characters threw off convention and regularly made asides to the camera.  But Palin's about ten years too old to have been influenced by that, and winking into the camera just looked weird.

That having been said:  I think Palin did pretty well.  She wasn't as substantive as Biden was, but Biden came off a little whonk-ish at times.  I'm not sure she made any real connection with the voters, but the debate didn't really focus on social issues, which I think is where she'd have liked to stoke the fires of the conservative base.  Biden came awfully close to advocating for gay marriage (fine by me, but not a winning issue in this country yet), but cleaned it up.  Biden had two good moments, I thought:  first, when talking about Afghanistan and Iraq, and comparing the amount of money we've spent in each.  And second, when he choked up a little bit talking about being a single father.  That was unexpectedly unscripted--one of the few non-canned responses either candidate gave all night.

What were your thoughts on the debate?  Did it change your mind about anything?  And try not to feed the trolls....

New CityBeat Website Design

I haven't had the chance to dive into CityBeat's newly redesigned website, so check it out and chime in with opinions.

Putin Rears His Head . . . . .

Hmmmm, I couldn't think of Supreme Court decisions either in my Constitutional Law final years ago, but then I was never Mayor of Wasilla or Governor of Alaska and never thought I was qualified to be a 72 year old's heartbeat away from being President and was certainly never quoted three months ago in the press saying the following about the SUPREME COURT DECISION in EXXON V. BAKER that directly affected --- what state? --- wait for it --- drumroll --- ALASKA:

Gov. Sarah Palin [said,] “I am extremely disappointed with today’s decision by the U.S. Supreme Court,” Palin said. “While the decision brings some degree of closure to Alaskans suffering from 19 years of litigation and delay, the court gutted the jury’s decision on punitive damages.” Palin added, “It is tragic that so many Alaska fishermen and their families have had their lives put on hold waiting for this decision. My heart goes out to those affected, especially the families of the thousands of Alaskans who passed away while waiting for justice.”

"As Putin rears his head and comes into the airspace of the United States of America, where do they go? It's Alaska. It's just right over the border. It is from Alaska that we send those out to make sure that an eye is being kept on this very powerful nation, Russia, because they are right there, they are right next to our state."

I love America, even though Rush tells me that we are about to be taken over by the radical Marxists (are there still radical Marxists anywhere?)!

Wake Me Up When It's Over

Matt Damon called me today to remind me to vote for Barack Obama. I don't think it was him, really, just a tape recording. At least, he wouldn't stop to answer questions.

I love politics. And I'm sick of this election.

Has anyone ever cast a vote because Matt Damon persuaded them to do so?

I paid for an Obama/Biden car magnet over the internet (at the campaign website) just before the DNC convention. I still don't have it. I'm tempted to buy a McCain/Palin magnet, and put the one that comes first on my car.

And how about a VP debate drinking game for tomorrow night?

• A chug every time Palin mentions "hockey mom".
• A chug every time Biden mentions the nuns at Catholic school growing up.
• A chug every time Palin says "nucular". If "nucular" is followed by an attempt at "proliferation," finish your drink.
• A chug every time Biden says "Scranton".
• A chug every time Palin mentions the Bridge to Nowhere or the airplane that was(n't) sold on eBay.
• Finish your drink whenever Biden tells you that he takes the train home every day.
• A chug every time Palin says "gotcha journalism," "maverick," or "reformer." Finish your drink anytime she mentions her son in Iraq.
• A shot (preferably of Stolichnaya) anytime Russia's proximity to Alaska is mentioned.

Any additions?

Same Day Voting: Update

Earlier today, the Sixth Circuit Court of Appeals affirmed the decision (that is the subject of the post immediately below) of District Court Judge George Smith, denying the Ohio Republican Party an injunction that would prevent same day voting. The three-judge panel was comprised of Judge Karen Nelson Moore, Judge Richard Allen Griffin, and Judge Myron Bright, a judge of the Eighth Circuit who was sitting by designation. (A judge from another circuit sitting by designation on a panel is fairly routine.)

The panel had to decide two issues: first, whether to require the Secretary of State to force boards of elections to segregate ballots cast as a result of same-day voting, and second, whether to require the Secretary of State to mandate that boards of elections permit observers to be present during the same-day voting period.

On the first issue, the panel was unanimous: the GOP was deemed not entitled to the relief they sought. Interestingly, the Republicans appear to have shifted their focus once they reached the court of appeals. In the district court, they wanted to enjoin same-day voting altogether; in the Court of Appeals, they merely wanted ballots to be segregated. The Sixth Circuit held that because the relief the GOP now seeks was not presented to the district court, the court of appeals would not grant it.

With respect to the second issue, the panel split 2-1. The majority (Judges Moore and Bright) reversed the district court's decision requiring the permissive presence of observers, holding that no federal law required such a result. (The court explicitly left open the question of whether state law requires boards of elections to be present, as a federal court may not tell a state official how to apply a state law.) Judge Griffin, dissenting in part, would have affirmed the district court.

So judges from both sides of the political spectrum have now agreed (finally, it appears) with Jennifer Brunner that same-day voting is permissible under Ohio law.

For what it's worth, I agree (partially) with Judge Griffin: SOS Brunner should permit observers to be present for the thirty-five days prior to Election Day during which absentee ballots are turned in. (It's not clear to me, though, the basis to conclude that federal law requires this.) It is absolutely essential that the public's confidence in the integrity of our elections is restored, and disallowing observers is entirely contrary to that goal. Remember that because the General Assembly rewrote the election law after 2004, "observers" are not "challengers." Observers have no right to challenge voters or to attempt to intimidate voters. Thus, no harm comes from the transparency that the presence of observers would create, and people on both sides (both Democrats living in counties controlled by Republicans and vice-versa) would be assured of a fair process.

Same-Day Voting Permitted In Ohio

You may recall hearing about a controversy regarding so-called "same-day voting" in Ohio. When the Republican-controlled legislature rewrote our election law, it created a five-day window during which people could both register to vote and cast their absentee ballot. Democratic Secretary of State Jennifer Brunner has interpreted the law to allow people to do both on the same day.

The Ohio GOP disagreed with Brunner, and has filed lawsuits to prevent same-day voting. The courts have now ruled that Brunner is right and the Republicans are wrong.

Yesterday, the Republican justices of the Ohio Supreme Court, by a 4-3 vote, dismissed the lawsuit that sought to prevent same-day voting. Its order is available here. The Republicans also have filed suit in federal court seeking to enjoin same-day voting. United States District Court Judge George Smith (appointed to the bench by Ronald Reagan) has issued an order (available here) deferring to the judgment of the Ohio Supreme Court, but requiring that observors be permitted to be present. His decision has been appealed to the Sixth Circuit, which will almost certainly order expedited briefing and rule quite quickly.

The upshot: if you are not registered to vote, you can both register and cast an absentee ballot on the same day from now through October 6. So can your family, friends, and neighbors. So pass the word and go vote.

The Enquirer's article (albeit with a misleading lede) is here. For up-to-the minute coverage of Ohio election litigation, check the Election Law Blog, based at the Moritz College of Law at The Ohio State University.

CAC Diversity Training Spotlighted

The Cincinnati Contemporary Arts Center was singled out for work done over the sumer on a diversity program. Plans are being put into place to fully implement it in 2009.