Wednesday, October 15, 2008

John McCain's Credibility...Is Not Real



Steve Chabot's eyebrows were not, I repeat, were not dyed black and used in the making of this commercial.

More on Bring Ohio Back.

Tuesday, October 14, 2008

Dayton Paper Endorses Obama

Senator Barack Obama received the support of Dayton Daily News.

Some in comments have been speculating that the Enquirer picked an entire slate of Republicans for Congress with little detail in part because they are trying to balance out a pick they will make for Obama. I would be surprised by that, but there is certain level of logic to it.

Sunday, October 12, 2008

Shocked, Shocked I Tell You!

I am totally shocked that the Cincinnati Enquirer would endorse an entire slate of Republicans for Congress.

Yes, if you really think I am shocked, then you are an ignorant fool.

The Enquirer Editorial Board is totally out of touch with the fact the all of these representatives have done VIRTUALLY NOTHING for this area. The only Republican to actually have done "something" (and that's not saying that much) for the area was Rob Portman and he is not running. I would have thought the Enquirer might have a real reason why they support an entire Republican slate, but they don't. When I mean real, I mean credible.

Instead we get the disingenuous:
To deal with these issues and the crises we do not yet see, the United States needs a Congress willing to work together without partisan rancor.
McConnell, Boehner, Chabot, and Schmidt are as partisan as they come.

Saturday, October 11, 2008

Robin at Taft Theatre Tonight

Anyone going to see Robin Williams tonight?

Anyone need a date and want to take me? :-)

Feel free to post your post-show report here.

VIP Police Escort Up Vine?

About 5 "VIP" charter buses just got a police (Sheriffs) escort up Vine Street towards UC. Anyone have an idea who it was? Could it be the Rutgers football team? Why would they need the police escort?

Friday, October 10, 2008

Red-Faced Anger Used To Be Blue

The Republicans (at this moment) are losing this election. And they're angry about it.

We see evidence of Republican anger everywhere. We see it right here at the Cincinnati Blog, where every post that comes close to touching on the presidential campaign spurs a commenter (generally known as "the Indiana troll") to make dozens of comments, most of which were cut-and-pasted from right-wing websites. We see it at Republican rallies, where McCain supporters recently have begun calling out disgustingly unacceptable epithets. We see it in the ads that John McCain, an once honorable man who promised to run is resuming a "respectful" campaign, has chosen to run in these waning days of the campaign.

The Republicans' anger is understandable. Their candidate is, after all, a genuine war hero--a scarce commodity in American politics these days. He's been in the Senate for decades. He's widely considered to be a moderate, the kind of politician who should be broadly appealing. His opponent, on the other hand, is a first-term senator who never served in uniform but still dared to run for office while the nation is at war; moreover, at a time when Americans are more suspicious of outsiders than they have been since, perhaps, World War II, he has an exotic-sounding name and background. Had one described such a scenario four years ago, it would have been laughable that this could even been a close election: McCain should be leading by double digits.

The Republicans are angry because they aren't just losing this election; they're losing their grip on the American electorate. Today, FoxNews (yep, that's right, Fox) released a poll. Like every other poll, it puts Obama in the lead (46-39). But the "internals" are what must be particularly disheartening for Republicans. Of those polled, 52% said they trusted Obama more than McCain (32%) to handle health care; 50% trusted Obama more than McCain (35%) to handle the economy (the most important issue for 49% of those surveyed); 45% trusted Obama more than McCain (40%) on energy independence; 46% trusted Obama more than McCain (41%) on taxes; and 42% trusted Obama more than McCain (40%) on cutting government spending. With respect to the war on Iraq, only 47% trusted McCain more, while 42% trusted Obama more. 46% think the Democratic ticket has "better judgment" than the Republican ticket (39%). That the Democrats have the confidence of the voters on so many issues (especially taxes and cutting government)--and that the Republicans are believed to be better able to manage the Iraq war by such a slim margin of voters--would have been unthinkable a year ago.

As Democrats, we can feel the GOP's pain, so to speak. After all, we felt much the same way eight years ago. Then, our candidate was the sitting Vice President, part of an administration that presided over eight years of peace and prosperity. His opponent was a relatively inexperienced governor whose primary claim to the office seemed to be genealogical. The Democratic base was furious about the campaign our candidate ran, just as the Republicans are angry with what they see as a lackluster McCain campaign today. Back then, we got angry. We questioned the Republican candidate's intelligence, even though he had degrees from Ivy Leagues institutions. We attacked his family. We made inquiries into his past that had no bearing on whether he was now qualified to lead. And we still lost.

Eventually, the anger will retreat a bit, and we will all sit down together and work through the serious problems we face. In the meantime, though, Dems should be tolerant of their Republican friends' anger; we've been there and done that. And Republicans should remember that they're not the first to be on the losing end of an election that they didn't think they could lose, and it won't be long (for Congress, two or four years, and for the White House, four or eight) before they're back on top again, wondering why we're so angry. So let's try to weather the next three-and-a-half weeks with some dignity, and make sure we can all hoist a beer together on November 5, once this election is over.

UPDATE: Earlier today, John McCain remembered who he was and why is so admired by so many from both political parties: he called for his supporters to be respectful. According to this report, he took time during a campaign rally to defend Obama as "a decent person and a person that you do not have to be scared of as president of the United States." As you all know, I have no shortage of disagreements with McCain with respect to the direction in which this nation should go. But today's events prove that at root, McCain is a classy guy, and I'm glad he remembered that. That's why the second paragraph of this post has been edited.

Thursday, October 09, 2008

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.

Wednesday, October 08, 2008

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.

Monday, October 06, 2008

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.

Sunday, October 05, 2008

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.

Saturday, October 04, 2008

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.

Friday, October 03, 2008

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....

Thursday, October 02, 2008

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?)!


Wednesday, October 01, 2008

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?

Tuesday, September 30, 2008

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.

NewsAche Blog Is No More

After 2 years of hard critiques of the Cincinnati Enquirer NewsAche signs off along with those leaving the Enquirer because of the buy out options. Often harsh, but consistent, Newsache will be missed. The lingering question is, who was the author? This departure suggests that the author, who is believed to be an Enquirer employee, is one of those leaving the company.

Monday, September 29, 2008

Downtown vs. OTR

If you were buying a condo or loft tomorrow (assuming you could find a bank willing to extend you credit prior to their reception of a 700 billion dollar bribe), where would you buy: Downtown or Over-the-Rhine? What are the advantages and drawbacks to each? If you were renting instead of buying, would your answer change?

The biggest, most obvious difference is probably cost: I expect people are paying less per square foot in OTR than in Downtown.

Obviously, I've chosen to rent downtown (in a building where I pay a shockingly low amount per square foot). Griff and Julie have bought in OTR. When (if) I buy, I'm more likely to buy a house, making either neighborhood an unlikely spot for me (unless I win the lottery--then I'll just buy Parker Flats, tear down a lot of interior walls, and make it my own downtown mansion).

What are your thoughts?

The Banks and Sawyer Point

The Enquirer's article highlighting the groundbreaking Riverfront Park in the midst of the Banks reminded me of a question that's been lingering in the back of my mind: once the new park is completed, what's to become of Sawyer Point? The target date is late 2010.

It seems to me that a lot of the things that currently happen at Sawyer Point may move to Riverfront, particularly as the Banks itself is completed. I would think the City and the County would pressure groups to put events at Riverfront. Party in the Park seems like a likely candidate to move to Riverfront. So, perhaps, do Blues Fest, the Fourth of July celebration, and the Black Family Reunion.

Anyone here privy to whether there's been discussion of how diminished Sawyer Point's role is expected to be in Cincinnati's cultural life post-Riverfront Park?

Sunday, September 28, 2008

Parker Flats

I saw a moving truck outside of Parker Flats (the new condo building on the southeast corner of Fourth and Central) on Friday. For a second, I thought maybe the first resident was moving in, but I'm pretty sure it was just some things for the offices.

At any rate, the ownership was feeling sufficiently good about the building's completion that it made a few extra bucks today by opening the garage to Bengals parking.

(No, the link isn't to the official Parker Flats website. 5chw4r7z is just far more interesting than Middle Eart Development could ever be. And besides, he's about to be my across-the-street neighbor; may as well help his hit count.)

Bumble in the Jungle

Well, the Bengals have fallen to 0-4, defying even my own meager expectations for the team. Daugherty's column sums things up pretty well. He argues for sitting the injured Palmer again next week, to make sure he's healthy and stays that way (since the team doesn't have much of a chance of stopping the Cowboys defense from getting to the quarterback). I'd go a step further: why risk Fitzpatrick, who may need to play for several more weeks? Let's see what Jordan Palmer can do.

The bad news? Things don't get any easier. The Bengals travel to Dallas next week, New Jersey (for the Favre-infused Jets, who put over 50 points on the scoreboard today) the following week, and then return to PBS to play the Steelers. Oh-and-seven has to be viewed as a real possibility.

The Cincinnati Bengals are now on the clock.

In Memoriam: Paul Newman

I've been trying to find a Cincinnati link to justify noting the passing of Paul Newman here. I can't.

Nonetheless, here's an excellent piece describing what is, perhaps, Newman's real legacy.


I keep wondering why AMC or some similar cable station isn't running a Paul Newman movie marathon in tribute today. Truth be told, I've never watched Butch Cassidy and the Sundance Kid, and now I'm thinking I should.

Cincy Couture

The Cincy Couture Fashion Show went off superbly yesterday. The music list for the entire program can be on the The Conveyor.

Saturday, September 27, 2008

Last Night's Debate

Personally, I thought the debate was pretty much a draw and wouldn't change anyone's mind.  Of course, I'm perplexed by people who declare themselves to be "undecided" voters.  How can you not know which of the two candidates most reflects your values and policy judgments by now?

The professional punditry seems to agree about this being a draw.  Of course, the mainstream media probably wouldn't declare anyone a "winner" unless his opponent literally vomited down the front of his own suit during the debate, for fear of being accused of bias.

Then I found this clip from Fox:  their focus group of "undecided voters" had Obama as the clear winner.


Since most believe this first debate would be the toughest of the three for Obama, the reaction of the focus group is clearly a good omen for the Democrat.  And with so many states permitting early voting, the early debates may be the only ones that matter.

You can vote in Ohio beginning on Tuesday.

Thursday, September 25, 2008

Speculation on the Secret Show

WOXY's boards have a bunch of speculation on the secret show set for the Know Theatre on Saturday night.

UPDATE:The speculation was correct, the band was Radio 4.

MidPoint Starts Now!

I am packing up my notebook, camera, comfortable shoes, and schedule for Day One of Midpoint.

I will have my detailed coverage of the event over at www.theconveyor.com, so check there for a recap of day one.

CityBeat has a big central page with all things Midpoint. They will have the official word on any schedule changes.

I hope to see a bunch of faces down at the opening show which is happing right now! (I had to run home first) If you have any recommendations on what bands to see, please send them on or comment below.

CAC Opening Tomorrow Night

The CAC has a vibrant opening tomorrow night: MARIA LASSNIG and Carlos Amorales: Discarded Spider.

The event starts at 8 pm. Admission is free, there's a cash bar, a DJ, a ballet performance at 10PM, and of course, wonderful contemporary art by two very significant artists.

If you need a midpoint break from Midpoint, get there, then afterwards hit more showcases!

20/20 Vision Kicks Off

CinWeekly has a nice artcle on the start of 20/20. For the full story on the 20/20 arts festival, check out www.20days20nights.com for more.

Wednesday, September 24, 2008

What Are They Thinking?

[UPDATE: 9/25/2008]: The post to which the following refers has been deleted from the Hamilton County GOP Blog without comment. Since Triantafilou is relatively new to the blogosphere, perhaps people will overlook this serious breach of blogger etiquette (generally, it is understood that one does not delete posts--updating or editing for typos is fine--in this manner). I've no idea whether our post here has anything to do with the deletion.

Via Alex Triantafilou's blog, we learn that the HamCo Republican Party is recommending a "no" vote on Issue 8, which would amend the City Charter to force voting by proportional representation in City Council elections. The official statement from the local GOP:

The Hamilton County Republican Party has historically stood against proportional representation as a method of electing members of city council. The most important factors identified by the Republican Party in opposing this measure is the confusion in how the system operates and the cost associated with implementation. After vigorous debate and discussion, our Party is urging a vote of "NO" on Issue 8.

(Emphasis mine.) Why on earth would the GOP highlight its "historical" position on PR? Whoever drafted this statement for the GOP should either resign his or her post or be asked to step aside. It's one of two things: it's either historically unaware at best, or extraordinarily insensitive at worst.

Before I explain why, let me make sure I'm not misunderstood. In November, people of various political stripes will take various positions on PR. That's why you see rather odd bedfellows like the NAACP, COAST, and the Cincinnati Business Journal supporting the measure. Some people will decide it's a great idea. Others will decide it's not. Neither decision makes a person or group inherently bad or good, inherently racist or not, or inherently democratic or undemocratic. People of good conscience can surely disagree over Issue 8. In fact, while I'm currently leaning towards believing PR is a good idea, I may vote against Issue 8 for an entirely different reason.

Having said that, the history of opposition to PR in this city is not pretty. According to the most complete account I've seen of the 1957 repeal, the motives for the repeal effort were downright racist. Here's how a paper posted on Mt. Holyoke's website describes the situtation:

In Cincinnati, race was the dominant theme in the successful 1957 repeal effort. The single transferable vote had allowed African Americans to be elected for the first time, with two blacks being elected to the city council in the 1950s. The nation was also seeing the first stirrings of the Civil Rights movement and racial tensions were running high. PR opponents shrewdly decided to make race an explicit factor in their repeal campaign. They warned whites that PR was helping to increase black power in the city and asked them whether they wanted a "Negro mayor." Their appeal to white anxieties succeeded, with whites supporting repeal by a two to one margin.

Let me be perfectly clear: I do not believe that today's HamCo GOP is motivated by racism in encouraging a rejection of PR. But why would the GOP embrace a history of which it should not be proud?

Neither of the two major parties in this nation has a terrific record regarding racism. While the Democratic Party now trumpets civil rights, this hasn't always been the case. Take the 1968 Democratic National Convention. Dems typically will be willing to talk about the shameful acts that occurred outside the convention that year. What we don't talk about, however, is the shame visited upon our party inside the convention. Just forty years ago, Democratic delegates from Georgia left the convention in protest because the DNC seated a racially integrated delegation from Mississippi. That happened within the lifespan of the majority of Americans. Have we--as a party and a nation--come a long way since then? Absolutely. But need we always be mindful of this terrible part of our history? Absolutely.

I'm not suggesting that anyone should vote against Republicans or Republican positions on the basis of things that happened 50 years ago. I am concerned, though, when party leaders--be they Republican, Democratic, or of any other stripe--make statements that demonstrate a lack of awareness of our roots, both as parties and as a nation. The historical opposition to PR is not something for anyone in this City of be proud of or to embrace, and I hope the local GOP will amend its position to make its current motives for rejecting PR clear.

MPMF Tomorrow!!!!

I realize there's a big banner at the top of this blog advertising Midpoint Music Festival (but for those of you who, like me, ignore banners) Midpoint is Thursday, Friday, and Saturday. Complete schedule can be found here. I hadn't realized it was this week until I saw Griff's post about Javier's joining the fray, and went to check the full schedule.

At the very least I'll go to Javier's Friday or Saturday, and hopefully will do much more than that. This should be a great weekend downtown and across the river, so please support the bands involved and come on down.

Right Here in OTR

Jason at Somewhere Over-the-Rhine knocks it out of the park with his take on the ill perceptions of OTR perpetuated by the media and the ignorant suburbanites who haven't been near OTR or Downtown ever in their lives, outside of a Red's or Bengal's game. Jason hits on a topic that I've been seeing for a while and have had in the back of my mind for a long time as a topic to blog about. It deasl with where the perception problem of Cincinnati comes from. It comes from the Native Cincinnatians that never left Cincinnati and are now living outside of the urban core. They don't travel a lot, they spend time in their closed off social networks, socializing only with high school or maybe college friends. They are ignorant and allow themselves to be sucked in by what ever the media says. Hell, if we trusted the media, we would think no crime ever happens in West Chester. When crime does happen there, or in Milford, or in Morrow, we don't hear those areas labeled at all. I wonder why.

[Hat Tip to Just Past Central]

Rocking for Obama on Fountain Square

A huge event will hit the square next on Octber 16th, when The National and The Breeders will do a free show from 5 to 9 PM. This is a rally in support of Barak Obama, so look for other political speakers to appear. Also, since this is going to likely be open to the public, look out for the brownshirts trying to disrupt it or try to make it look like the Dems are being disruptive.

Driehaus--Chabot, Neck and Neck

The Blogging Pros at Talking Points Memo have the link to polling for the 1st and 2nd Districts in Ohio:
"A new set of SurveyUSA polls in Ohio show Dems poised to pick up two out of four contested GOP-held district. In the First District, incumbent Rep. Steve Chabot (R) is holding a small lead over challenger Steve Driehaus (D) 46%-44%. In the Second District, Rep. Jean Schmidt (R) is holding an 8-point lead over challenger Victoria Wulsin (D) 48%-40%."
It has been months since a poll came out and this is great news for Driehaus. Look for money to be dropped into this race right now and for a big blitz to unseat Chabot by the Dems.

It looks like a much tougher hill for Wulsin to climb. The poll there doesn't mention the impact of the Independent conservative (Krikorian) in the race, however, which should be an impact to Schmidt, who has a very high negative with some conservatives.

Tuesday, September 23, 2008

Local TV Thread

Kate of KRM blogs on her favorite television shows. I have to admit, I kind of had a blog crush on her (there's a good definition of "blog crush" here) until I learned of her passion for Dancing with the Stars and Desperate Housewives. She may have won me back with her fondness for Amazing Race. And like her, I enjoy watching Christina Applegate in Samantha Who?, though I suspect for entirely different reasons (hey....I'm a 34 year-old American male....I grew up watching Married With Children! And having grown up in Buffalo, I have to love a woman who agreed to star in a sitcom set in that ill-fated city.).

All that is my long-winded way of introducing a discussion topic: what's your favorite local show or TV personality? And who's your least favorite? There is, of course, precious little local programming any more, but there's some. For that matter, who are your favorite all-time Cincinnati television personalities, including folks who aren't on TV anymore?

My own favorites? I like Newsmakers. I think Dan Hurley does a pretty good job. And even though I disagreed with him (and many of you) about the Bodies exhibit (he thought it was excellent), I thought he provided a great forum for both sides to be heard. Frankly, I wish WKRC would give him a full hour. Sometimes he jumps the shark on me (for instance, when he did a couple of shows on naturalism and showed pictures of birds the whole time...yawn). But overall, he's an asset to local television journalism. I also dig Bob Herzog, but that may just be my bias in favor of lawyers.

Least favorites? One name immediately springs to mind: Dave Lapham. Maybe I'd like him more if I'd grown up in Cincinnati and was a Bengals fan when he played. But seeing him on TV and listening to him on the radio fuels one reaction: change the channel!

Finally: I guess I shouldn't make fun of others' TV viewing habits too much. The other night, I found myself switching back and forth between two television shows: Live from Lincoln Center (the NY Philharmonic with James Galway) and The Ultimate Fighter, watching each with equal rapture. Yes, something's seriously wrong with me.

So please, weigh in with your local TV favorites, as well as you diagnoses of my psychological profile based on my confessed viewing patterns.

What's Ahead

Over the next few weeks, I hope to post on each of the ballot initiatives we'll see when we vote this year. There are five or six state-wide issues, as well as two proposals to amend Cincinnati's charter.

The most talked about of these are the casino plan, the payday lender reform proposal, and the local referenda on red light cameras and proportional representation. But there are a few others that haven't made many headlines.

To the extent anyone cares what I think, I'll be including with each post my view of whether the issue should pass. While I think I've made up my mind about most of these issues, I'm still very much up in the air on proportional representation. I'm emailing PR's backers for some additional information on the mechanism by which PR works (I understand it in its basic form, but I'm confused by how the redistribution of "over-votes" works.)

I'll also be staying away from national politics from now on, besides the extent to which the presidential race specifically impacts Ohio and/or Cincinnati. I don't think blogging the presidential race here is winning Griff many readers, and it seems to just trigger lots of comments from spammers.

Keeping Ohio's Water Safe

Earlier today, the House of Representatives overwhelmingly approved a bill that would protect water from the Great Lakes from being diverted to other states.

Here in Ohio's southwestern-most extremity, we sometimes forget that we live in a Great Lakes state. And there are those in dry regions of the country who want to require that Great Lakes water be shipped cross-country to slake their thirst. Under the Great Lakes Compact, which President Bush is expected to sign, that can't happen.

For what it's worth: both Senators McCain and Obama support the compact. (I had inititally thought that McCain, from the great, dusty state of Arizona, favored Great Lakes water diversion. I'm glad to see I was wrong.)

Will a Hotel Replace Condos in Phase 1 of the Banks?

The Enquirer is reporting the Banks condos may not be in the first phase and could be replaced with a Hotel next door to Great American Ball Park.

So, is this the first step in changes that will alter the purpose of the Banks? Is this going to be nothing but a tourist area? That is what the suburbanites and John Cranley are clamoring for when they spout off asking when they will get to drink a beer at the ESPN Zone.

Monday, September 22, 2008

Obama 273, McCain 265

Today's round-up of polls shows Obama leading in enough states to win the electoral college.

I don't put much stock in this, as this site's poll tallies have fluctuated daily. Instead, I've posted the map to make a broader point: Ohioans, we may not be as important as we think we are.

Obama's campaign has said all along that they can win the White House without Ohio. And if the election were to follow the results below, that's exactly what would happen. McCain needs to win here, but Obama can live without us. The real "battleground states" this year are more likely to be Michigan, Pennsylvania, and Colorado.

Just some food for thought on a Monday.

Click for www.electoral-vote.com

UC Riots After Victory Over Miami

I know they won pretty big over Miami, but did they need to riot after the win?

Midpoint Venue Change

Javier's Restaurant and Bar has replaced Ink Tank as a venue for Midpoint. Please adjust your schedules as needed.

Sunday, September 21, 2008

Crime in Over-the-Rhine

The Business Courier has an excellent story this week about crime in OTR and the impact of the horrible mistake of keeping a centralized homing beacon for criminals to prey on victims has done to this neighborhood.

Friday, September 19, 2008

Who's Bumblin' Now?

HamCo Republican Party Chair Alex Triantafilou has decided to blog about Joe Biden's purported tendency towards gaffes. The former judge is upset that Biden told a Delaware crowd that the Delaware Blue Hens (a div I-AA team) would beat the Buckeyes. Of course, the two don't even play against each other.

I had a lot of respect for Triantafilou when he was a judge. He's a really intelligent man, and he was a really good judge, in my opinion. But you'd think the local GOP chairman wouldn't be too interested in calling attention to a candidate's less-than-perfect oratory this week.

You see, John McCain announced earlier this week that he wouldn't meet with the president of long-time NATO ally Spain if he's elected. The most reasonable explanation for this is that McCain was confused about the nation to which that president, Jose Luis Rodriguez Zapatero, belongs: the question came after a discussion of a series of Latin American leaders who an American president probably wouldn't be willing to meet. But rather than admit this, McCain's campaign is insisting the septuagenerian senator meant what he said, even though this past April, McCain said he'd welcome such a meeting.

So who would I rather have leading the country: someone who pandered (admittedly) to his home state by asserting that its university's second-rate football team could take on one of the best in the nation, or a senator who's "bumblin'" may hurt American foreign policy and alienate our Western allies? You be the judge.

Finally, since Triantafilou raises it, let's deal with the Biden plagiarism myths. In 1987, when Biden was running for president, during a debate he borrowed extensively from a speech initially given by British politician Neil Kinnock. Sounds damning, right? On its own, sure. But not so much when you consider that Biden had repeatedly paraphrased Kinnock as he did during that debate, and on each previous occasion, he attributed it. During the more abbreviated format, he forgot to. There was no intent to mislead anyone into thinking the idea was his own: he'd told people on numerous occasions that it had originated elsewhere. And as for the allegations about what occurred during law school: he was fully investigated by his law school at the time, and a determination was made that he was guilty only of sloppy citation (lawyers are a stickler for citation), not intentional plagiarism. He'd pointed out the work (a law journal article) his ideas had come from, but had not sufficiently footnoted his assignment.

Joe Biden certainly is not a perfect candidate for national office. If I were a GOP leader trying to throw red meat to the base, I'd be talking about Biden's ties to the banking industry, given that this week all hell has broken loose on Wall Street (of course, then the Dems might start talking about McCain's role in the Keating Five . . .). The petty attack on the Blue Hens remark is, quite frankly, beneath our local GOP chair, and not what the voters of this or any other county will be focusing on in November.

1929 Redux --- Free Market Capitalism's Last Gasp

Since I have been without power since the freak wind storm on Sunday, it has felt a lot like what 1929 must have felt like on a lot of fronts. Let's see, where once there stood five major historic finance houses, now there are two. The government has nationalized the giant home mortgage loan companies and now has a majority equity stake in the largest insurance company in the world. Individual shareholders and employees at these companies who have seen their savings and their retirements and their lives wiped out in an instant have been told by the "inventor" of that great Canadian device, the blackberry, that "the fundamentals of our economy are strong." (The inventor of the blackberry realized after conferring with his staff that no stupider statement could possibly have been made and tried again a few hours later.) The Dow Jones Industrial Average has fallen almost 1000 points taking with it thousands of dollars that you and I have put away for retirement --- although likely the market will rally today with news of this societal bailout. Credit card companies overnight began slashing all of our credit lines, after decades of encouraging our profligacy --- they don't seem to understand that it is my right as an American to have stuff I can't afford, because it is not fair for people with money to live better than me.

No, the fundamentals of this economy are not strong. It is hard to know even where to begin the discussion of the events that have occurred over the last week that have led to the remarkable interference in the markets announced by Treasury Secretary Paulson and the SEC this morning.

First, the SEC and its UK equivalent announce that they will prohibit, at least temporarily, the short selling of financial company stocks, which means that no longer will these free marketers allow you to bet that the price of the stock will fall. Now you can only bet that it will go up --- hardly an unfettered market.

Treasury also will create a $50 billion fund to protect investments in some segments of the mutual fund market --- the market where most of us have our retirement money after the government's idiotic decision to drive retirement dollars to the speculative markets as a way of giving us all freedom --- freedom to be poor in old age (How much is in your 401K and how many years salary does it represent? Enough if you live to 80? Or are you counting on that "conservative" 8% annual growth?)

Next, the Congress and Treasury will work together to essentially create a "bank" to buy up and hold over a trillion dollars in bad toxic mortgage debts that financial institutions have created by putting individuals in houses and loan instruments that they could not possibly afford and then selling those loans off --- all the while knowing they were crap and that the whole system was built upon the false assumption that housing values would never fall.

So to all you free marketers out there benefiting from your government subsidized education with your money held in government protected accounts and living in your house mortgaged by a government protected entity, here's a toast to the week that the myth of free market capitalism crashed and burned. Unfortunately no one will be held responsible and we will be paying for this devastation for years.

So maybe this election will be about more than lipstick and pigs and whether McCain knows where Spain is and whether he invented the blackberry and whether Obama is a celebrity who chose hoops over troops, and whether Palin is a celebrity who had her brother in law fired because he was a cad or whether she can actually see Russia from Alaska and thus is a foreign policy expert on the Bush Doctrine --- maybe this election is about us and our children and our country and our future and what kind of country we will be and whether we will continue to be a country that tortures and one that honors its values.

Hope springs eternal, but today feels like 1929.

Map Out Oktoberfest

If you don't know where to go during Oktoberfest Zinzinnati, you'd best check out the map. Please be warned that during the peak hours, 4PM to 11PM Saturday and 3PM to 7PM Sunday (After the Bengals Game) you are going to have to fight the dreaded slow walking crowds. With that in mind, use the map to enter the 5th Street area near where you want to be. Get a beer and a brat, then just start the stroll.

Thursday, September 18, 2008

Update to Ike Damage

A reader has an update on the damage from the falling street light Donald wrote about Monday. Here's the photo update:

BuyCincy Drinks Deep into Oktoberfest Zinzinnati

The Gents at BuyCincy have a nice article on Oktoberfest Zinzinnati.

Media Coverage of the Storm

While I didn't lose power, I still had no Cable or Internet at my house, therefore radio has been (and continues to be) my lifeline to the world. John Kiesewetter's piece on local news coverage during the wind storm illistrates how little news coverage we have. The public is oblivious to most of the world, but when they have a tree fall in their yard, they finally can take notice that no one is paying attention anymore. Hell, our entire storm here affected everyone in the tristate area and it barely got noticed in the national press. So, who is left to report on things locally? If you are saying not many, then you are correct. This is of course not unique to Cincinnati, but the storm here and our abundance of apathetic hyper consumerists show the cost of losing so many local news reporters. We have been abandoned by the corporate media. They don't see the profit in providing for the public good, instead they prefer to keep the Reds games on.

We have brought most of this upon ourselves. We want everything to be cheap, Wal-Mart cheap. With that kind of cheap, comes low quality and syndication. That is what most of the Cincinnati media landscape has become. We are left to rely on technology, which when the power goes out, doesn't amount to much. It would behoove us to start consuming media with a local focus. If you want more news coverage on WVXU, then give them money and they will provide it!

HYPE Haus Party - Oktoberfest Zinzinnati

Something a little different this year at Oktoberfest is the HYPE Haus Party. I am a little torn on this. I see Oktoberfest as more of a fest where you get out and mingle with the masses of people. If you are going to get drunk and dance a few polkas with an unsuspecting Suburban former fratboy, then you really should be out in the middle of 5th Street. If you are scared of crowds, then you might be more comfortable in this special area on Fountain Square. Tickets are limited.

Wednesday, September 17, 2008

2012 Olympic Chicken Dance Preliminaries


The London Olympics are four years away, but you can begin your Chicken Dance Training at Oktoberfest Zinzinnati Noon on Fountain Square along with thousands of your fellow Olympic hopefuls. To help with the training will be local Beijing Olympic vets Mary Wineberg and David Payne who shall lead the mid-day workout.

Please remember that the wearing of spandex during competition is strictly prohibited by the International Chicken Dance Olympic Committee. It is a safety concern, so please help prevent injury and wear something a little more festive.

Tuesday, September 16, 2008

Food For Thought

For most of us (well, most of you, as I'm enjoying my power-outage-free downtown apartment), losing a lot of perishable food because of the blackout is a minor inconvenience. A few minutes spent throwing out the contents of the fridge and freezer, some grumbling, and an extra trip to the grocery store.

But for many, it means the loss of food that was barely affordable in the first place. The storm probably came at the worst possible time--on a Sunday, after people had stocked up on groceries following the traditional Saturday of shopping.

I've not seen a public plea for help, but it seems to me that organizations like the Freestore Foodbank and other, smaller pantries in the Cincinnati area may well see an increased demand this week and through the end of the month.

So if you're so inclined, this would be an excellent time to donate food or cash to the food pantry of your choice.
UPDATE: This morning, we got a comment from someone who's obviously more in the know than I am, and I wanted to bump her comment to the body of the post:
I work with the FreestoreFoodbank and have to second what you said in this post. We opened yesterday on Liberty Street (despite a lack of power there...) and saw more than 550 households come through. That's more than twice the number of households served on an average day. We're estimating we served between 1,200 and 1,400 people through yesterday's distribution. So as you suggested, we're hurting - especially given the fact that our perishable foods were without power and therefore can't be distributed. Cash and non-perishable food donations are welcomed.And, if there are people who need emergency food assistance, they are urged to visit the FreestoreFoodbank from 9 a.m. to 3 p.m. all week.

McCain Health Plan Again

Just an added note: the online chatter about health care has been fueled by Health Affairs (a nonpartisan journal) analysis of the candidates' plans. While the full text of the article is here, this is the conclusion the authors reach about the McCain plan (emphases mine):

Achieving Senator McCain's vision would radically transform the U.S. health insurance system. His plan would alter the nature, source, and financing of coverage for the nearly 160 million Americans who now receive health insurance through their employers. We estimate that twenty million Americans--about one in every eight people with job-based coverage--would lose their current coverage as a result of the change in the tax treatment of coverage. Initially, this loss of job-based coverage would be offset by an increase in coverage in the nongroup market (although not necessarily for the same individuals). Within five years, however, the net effect of the plan is expected to be a net reduction in coverage relative to what would have been observed if the tax treatment of employer-sponsored coverage remains as it is now. The decline of job-based coverage would force millions of Americans into the weakest segment of the private insurance system--the nongroup market--where cost sharing is high and covered services are limited. Senator McCain's proposal to deregulate this market would mean that people in it would lose protections they now have. These changes would diminish the security of coverage for most Americans, especially those who are not--or someday will not be--in perfect health.

The McCain Health Plan: Hold Onto Your Wallet!

Every cloud has a silver lining. Perhaps the silver lining of this week's economic crisis is that the candidates are once again talking about issues, rather than each other. So let's talk about an issue that McCain hasn't spent much time on: health care. And I don't understand why he isn't talking about it, as his plan will radically alter the healthcare landscape in this country.

John McCain's plan to provide health care to Americans is essentially reform of the tax code. If you receive health insurance through your employer, you don't pay taxes on the portion of your premiums that your employer pays. McCain would change that: this "income" would now be taxable.

Instead, McCain would offer a $2,500 tax rebate to all Americans for the purposes of paying for health insurance. But Americans won't get that money themselves--the health insurance company you select would automatically get that money to cover your premiums. And to incentivize cheaper insurance plans, if $2,500 exceeds the amount of your annual premium, you'll get the excess back. Of course, you can't spend it: it will be put in a Health Savings Account that you could use to pay deductibles or co-pays. (This is all detailed on the McCain website, here.)

McCain's theory is that if people are forced out of employer-provided insurance and into the insurance market, competition will magically drive prices down and make health care affordable for all. The New York Times' Bob Herbert has this to say:

This entire McCain health insurance transformation is right out of the right-wing Republicans’ ideological playbook: fewer regulations; let the market decide; and send unsophisticated consumers into the crucible alone.
You would think that with some of the most venerable houses on Wall Street crumbling like sand castles right before our eyes, we’d be a little wary about spreading this toxic formula even further into the health care system.

To me, the McCain plan is a bad idea on its face. But regardless of its merits, shouldn't Americans know that if they elect John McCain president, every person who has employer-provided health insurance will have higher taxes taken from their paycheck each week?

Monday, September 15, 2008

Don't Come To Work Smelly Tomorrow

Two fitness chains, Fitworks, and Urban Active, are offering free showers to the public, according to the Enquirer.

So if you're without power, stop at the gym before you go to work tomorrow.

Ike Damage

Question: What's missing from the following picture?


Answer: Check out the second pole in the picture. It's a street light, just like the others. Except it's missing its light; yesterday's winds blew it off. It was tossed, unfortunately, onto a parked car below. (The car was whisked away by the time I thought to take a picture.) No injuries, but the car was totalled.

(This is Fourth Street, standing at the intersection of Plum and facing west.)

Feel free to post descriptions of damage you saw.

Snarky aside: I still don't understand why WCPO needs two tickers to list school closings. I am amused, though, that on the larger (uppermost) of the two, they didn't find a way to get rid of the snow flurry graphics.

Oh Yes, It's a Chicken Dance Off

It's Oktoberfest Zinzinnati week so let's start things off with a Chicken Dance With The Stars.

Sunday, September 14, 2008

Ike Remnant Recon

If you're at home this evening reading this, then just stay there.  Don't go out before sunrise unless you have to.

I hadn't realized the power problem is as widespread as it is.  Downtown, power is mostly on.  There's a couple intersections with traffic lights out, but power never even flickered where I live.  Yes, I'd heard the big number of customers without power:  I'd simply, mistakenly assumed that most people without power were out in Clermont, Warren, and Butler Counties and across the river.

So I went out to find some fast food dinner.  Big mistake.

Power outages are, in fact, widespread in Bellevue and Newport.  (That meant that at the restaurants where power was on--McDonald's, Arby's, and Frisch's in Bellevue--lines were interminably long.)

Power in Clifton, at least as of 8:00 pm, is apparently non-existent.  And when I say Clifton, I mean Clifton, Clifton Heights, and University Heights (and even into Camp Washington).  Widespread outages.  There's probably some damage.  Police had blocked Ravine Road from Central Parkway, and also McMillan at Clifton.  I'm not sure what happened in either place.  

Things on the West Side didn't seem much better.  There were spotty outages in Queensgate.  Further north, power seemed to be mostly out at Harrison near Queen City.

Driving is tough right now.  People seem to be mostly remembering their long-forgotten traffic school lesson:  when approaching a traffic light that is out, treat it as a four-way stop.  The problem, though, is that if you or another driver is unfamiliar with a particular intersection, you might not, after sundown, realize that you're driving through a dead traffic signal.

To sum up:  stay home.  If you can't, be very, very careful.

And I've emailed family members who live in the Florida area, petitioning them to ensure that in the future, their hurricanes stay where they belong, in the Deep South and the Gulf Coast.  We don't send them our snow and ice storms, so they should extend that same courtesy and keep their damned weather to themselves. 

Good News, Bad News

The bad news: it's going to be a long, long season at Paul Brown Stadium. The next interesting thing to happen there likely will be the 2009 Macy's Music Festival.

The good news: following the next two home games (9/29 against the Browns and 10/19 against the Steelers), you'll probably be able to purchase tickets quite cheaply.

UPDATE: I just thought of more good news. Since lots of season ticket holders will likely be willing to part with their tickets this early in the season, we should see lots of hotel business from our friends in Cleveland and Pittsburgh.

That raises an interesting open thread: whose fans are more offensive when they come to town, Browns or Steelers?

Saturday, September 13, 2008

More Downtown Strolling


This Summer I have rolled into morning walking rituals. Saturday I am off to Grater's for a doughnut then Tazza Mia for Coffee. Sunday morning I go right to Tazza Mia for a tasty breakfast Sandwich and coffee and off to the Yeatman's cove to sit for a while by the river. I've got to get back into the habit of going to Findlay Market on Saturdays this Fall.

Speaking of Tazza Mia, on September 17th they are having their official "Ribbon cutting Ceremony" at 8:30 AM. The first 50 customers in the door after the ribbon is cut will get a free pound of coffee. Also, you can get a free cup of regular coffee from 8:30 to 10:30.

Thursday, September 11, 2008

The Problemed Park

I got into a lively discussion about this last night, so Just Past Central has a better round up on the recent news on Washington Park's problem. I really have nothing good to say about the efforts of local social services who don't provide the base service to society to do everything to keep crime from happening on their doorsteps and in the surrounding areas where the criminals go who are not let in their doors.

When you attract crime, you can't stand in the way of others who are trying to fight it.

Yes, The Enquirer's Website Sucks

Everyone has known about it since it was relaunched with Gannett's Structure. Now Enquirer Management knows about it.

Wednesday, September 10, 2008

Edwards Will Not Be Charged

The Enquirer reports that Hamilton County Prosecuting Attorney Joe Deters announced tonight that he will not seek an indictment against Jodie Edwards, whose infant daughter died when left in an SUV for several hours.  The flood of comments attached to the Enquirer's story serves both as a compelling argument for why newspapers should be newspapers rather than blogs (and not permit comments on news stories) and a reflection of lots of confusion over why this case turned out as it did.

First, let me express some sympathy for Joe Deters (who, I'm quite sure, doesn't need me to defend him).  Nine times out of ten, I'd tell you that a defense attorney's job is much harder than a prosecutor's.  After all, a prosecutor has, theoretically, the resources of the entire State of Ohio at his disposal.  When cases go to trial, his principal witnesses are often uniformed police officers, which translates to instant credibility with a jury.  I spend most of my voir dire just persuading potential jurors that the mere fact that my client's been charged with a crime and sitting behind a placard that says "Defendant" doesn't mean he did anything wrong.

But the Edwards case represents the rare instance when you couldn't pay me enough to be a prosecutor.  My decision on whether to represent a client in a criminal case is easy:  either a judge appoints me or a client shows up in my office wishing to retain me.  But deciding whether to charge a person with a crime, particularly in this instance, is much more complex.  How does one weigh the shock and outrage over what happened to a defenseless child with compassion for a grieving mother, all while trying to fairly apply the applicable law to the provable facts?  I doubt Deters made this decision alone.  He no doubt consulted with the attorney responsible for presenting cases to the grand jury (to assess whether an indictment would be issued if the case were presented), some of his senior trial attorneys (to determine whether a jury would convict), and attorneys in the appellate division (to be sure a conviction would be defensible on appeal).  I know a lot of people don't like Joe Deters, but this had to be an agonizing decision.  And it's a decision with no political benefit on either side.  Either choice he made would have pissed off some very vocal, emotional people.

Second, some have accused Joe Deters of inconsistency when it comes to child endangering charges.  I don't think that's fair.  There may be some systemic unfairness, but the blame for that does not lay at Deters's feet.  Much of the inconsistency is because of the way various types of crimes are handled in Hamilton County.  Here's why.

A misdemeanor offense is initiated by the filing of a complaint.  All that's needed is for an officer to sign a complaint, warrant, and affidavit.  After an initial appearance where bond is set, the case will then be set for trial.  Prosecutors don't get involved (at least in 99.9% of cases) in charging decisions regarding misdemeanors.  Felonies, though, are different.  For those cases to proceed before a judge, a grand jury has to return an indictment.  Often, police officers will file charges and wait to see what happens in the grand jury.  But any time a death occurs, the police will consult with the Prosecutor's office prior to filing anything, and those cases will often involve "direct indictments," meaning that a complaint is never filed.  So while Deters had to make a decision in the Edwards case, he would not do so in a child endangering case that did not result in physical harm (such as a "dirty house" case or a case in which a child was left in a car for a few minutes).  Edwards would have been charged with a felony; the latter examples are misdemeanor offenses.

I've also been hearing a lot of talk about mothers charged with endangering for falling asleep or briefly leaving their kids alone.  I won't pass on the merits of those cases (suffice it to say that I believe we are over-using the endangering statute).  If the offense occurred inside the City of Cincinnati, then Deters's office never touches the case:  misdemeanors within city limits are prosecuted by the Cincinnati Prosecuting Attorney (really, the City Solicitor).  The HamCo Prosecutor has no authority or control over those cases.  

Maybe we should have some serious discussion about the way the system works.  Should we really permit charges to be initiated just on the signature of a police officer (or much worse, by "referral"--an officer giving a form to a citizen to permit the filing of a criminal charge, which means the officer won't be involved in the case at all, generally)? Edwards may have benefitted because she could afford to retain counsel early in the process.  An indigent defendant wouldn't be entitled to counsel until charges were filed.  Maybe we need to make counsel available at pre-filing stages.  But people who are complaining about unfairness and injustice are noticing symptoms of systemic problems, and shouldn't single out Deters as a scapegoat in this instance.

McCain's Strategery

A few days ago, the McCain campaign acknowledged that as far is it was concerned, the 2008 presidential election wasn't about issues; it's about personality.  Yesterday and today, we've seen how this philosophy will guide their campaign:  any time Obama or Biden attempt to engage on the issues, the Rove-advised McCain campaign will assert that they've attacked McCain or (more likely) Palin personally.

Yesterday, Obama repeated an old phrase he's often used in declaring the McCain, who's been in Washington for decades, can't seriously be considered a change candidate, saying "You can put lipstick on a pig, but it's still a pig."  McCain's campaign accused Obama of calling Palin a pig.  What?

At nearly the same time, Biden pointed out a potential inconsistency in Palin policy positions.  While she's promised to be an advocate for children with special needs, she opposes stem cell research.  Biden argued that one cannot be seriously committed to both positions.  While Biden's position is certainly subject to attack on its merits, the McCain campaign didn't do that; instead, it accused Biden of personally attacking Palin's family.

Obama has responded to the "phony controversy."  In part, he says:
I don't care what they say about me. But I love this country too much to let them take over another election with lies and phony outrage and swift boat politics. Enough is enough.

His full response, below, is well worth a couple minutes of your time.

concert:nova Season 2


The fresh chamber music ensemble concert:nova has announced their 2008-2009 season:

October: Where the Wild Things Are

December: Waiting for the End of Time: Messiaen's Quartet for the End of Time and abstracts from Beckett's Waiting for Godot

February: Concert in the Dark

March: Demystifying Arnold Schoenberg

May: concert:nova and Beyond Ballet

June: The Mirror Project


Details are forthcoming, so keep checking out www.concertnova.com for updates.

Tuesday, September 09, 2008

I'm No Journalism Expert, But . . .

The online Enquirer notes the arrest of 30 individuals accused of drug trafficking. This is the lede:

The Cincinnati Police Department is working hard to get trash off the street corners, especially when it’s the kind that sells drugs.

Really? This is considered acceptable news reporting--referring to people as "trash"? I'd understand this in an editorial or column, but a "news" article? And about people who aren't even indicted yet?

Judging from the grammatical errors in the body of the article, it appears the Enquirer had the second string editorial staff review this one. One more reason to miss the Post.

Mmm, Crepes

A few days ago, Julie blogged about the new place on Court Street, It's Just Crepes. Julie hasn't been able to make it since it's only open during the week (though that changes as of September 20th), but not having that problem, I had lunch there with a colleague today. It's in the space formerly occupied by Javier's, between Avril-Bleh and Servatii.

Yummy. (No pictures: real reviews are Julie's job; I just give my gut impression of places I like.) The waitstaff was extremely friendly and had our meals to us pretty quickly, even at the lunch rush. And their prices were very reasonable (you can check out the menu online at their website). I enjoyed watching them make the crepes, on large, circular, wall-less griddles designed just for that purpose.

I had the Hawaiian--ham, pineapple, cheese, soy sauce, and brown sugar--and my friend had the Santa Fe--chicken, swiss, mushroom, and salsa. The crepes were tasty, and the combinations that make up the fillings were good. There'll definitely be return trips for more lunch. I'm afraid to start eating the sweet crepes, though, for fear I'll never stop. So for now, I'll stick to the "savory" crepes.

Finally, let me give a "shout-out" to the Image Art Company, who apparently designed It's Just Crepes's in-store graphics and website. After visiting the restaurant, I was convinced that it must must be a locally-owned franchise of a national chain, based on how professional the menu board, window sign, and logo looked. So I Googled them. Turns out I was wrong: they were produced by Image Art Company, a local branding firm. I may have to give them a call to talk about a remake of my own firm's website and letterhead . . .

Monday, September 08, 2008

Oktoberfest Zinzinnati


Get out your lederhousen and clean out the mold from your bier stein. Oktoberfest Zinzinnati is less than 2 weeks away. September 20-21 on 5th Street in Downtown Cincinnati.