Black Friday Question

How much Black Friday shopping is about Christmas-present-giving-these days?

One of the best deals at Sears, for instance, was a deal on a washer and dryer. Are there really that many clueless men who honestly believe they can give their wives a washer and dryer for Christmas and still hope to have sex in the coming year? I tend to think a lot of the TV purchases are for personal use rather than gifts.

How about y'all? If you went discount-hunting Friday, was it for Christmas presents, or was it to pick up an appliance you needed at a good price?

How About Those Bearcats?

In an effort to appease those who think we need more sports posts, I thought I'd mention the excellent play of the Bearcats recently. But I'm talking here about the team coached by Mick Cronin.

For those who missed it, last week the 'Cats went to Hawaii (I know, being a student athlete is such a tough gig!) for the annual Maui Invitational. There, they beat Vanderbilt and Maryland, both of which were ranked as among the top 25 teams. That got them to the tournament final, where they lost in overtime to Gonzaga (thanks largely due to some bad late-game officiating). What was perhaps most surprising was the Bearcats' tenacious defense through the tournament. (Even in defeat, they allowed only 19 first-half points for Gonzaga.)

Yes, the real test doesn't start for a few weeks, first at the Crosstown Shootout against Xavier December 13, and then through the Big East schedule beginning with a December 30 homegame against UConn. But the season has started much better than anyone in the media expected it would.

Let's Go 'Cats!

"Progress" v. The Metropole Tenants Association (Part II)

Note: this is a continuation of the post immediately below.

2. Does 3CDC have too much power in downtown and Over-the-Rhine? Truthfully, I have no idea. Certainly, we should talk about 3CDC and what it does. (And I don't think 3CDC would shy away from that discussion.) I definitely don't want to engage in some conspiracy-laden rant, accusing 3CDC of being some local version of the Trilateral Commission. But we should discuss, from time-to-time, what 3CDC does and whether it's good for a private organization to play the role in development decisions occupied by 3CDC.

At the outset, let me say this: 3CDC has, for the most part, done a terrific job in downtown and OTR. Anyone who doesn't believe that didn't drive up Vine Street five years ago and then again today. Anyone who doubts that 3CDC has made a lot of good decisions hasn't been on Fountain Square in the last three days--or, frankly, in the past three years.

Having said that, though, 3CDC has become something of the de facto planning commission for downtown. Maybe that's alright, because they have done a pretty good job thus far. But we should make sure the delegation of downtown planning to 3CDC is a conscious decision, and not one driven solely by momentum.

Last week, City Council debated the Queensgate Terminal project. Part of what was discussed was that the project would put Cincinnati Bulk Terminal out of business. Jeff Berding suggested that it's not City Council's job to favor one business over another, thereby creating "winners and losers". Maybe it's not. But it's something Council does more often than one would think. The remodeling of the Metropole is to be supported with $2.5 million from the City. An agreement to allocate that money will be a decision by the City that 3CDC's proposed business plan is better than the one currently in place. Notably, it will force the relocation of Roma's and the Subway Lounge. There's no guarantee that either of those will be successful in a new spot. So sometimes, the City does, indeed, choose winners and losers. 21c and its restaurant (which is Italian, by the way) win, and Roma's loses.

City Council routinely rubber stamps 3CDC proposals. My question: should it? Maybe it should. But let's make sure we talk about it every few years.

3. Why is this Legal Aid's problem? Finally, I have to wonder why the Metropole Tenants Association is represented by the Legal Aid Society. Is this really part of its core mission and services?

Some of Legal Aid's attorneys are my friends. The people who work there are dedicated, hard-working public servants, many of whom chose to work for Legal Aid even though they carry six figures of educational debt and could parlay their degrees into much more lucrative private practices. They are intelligent and capable, and they will no doubt represent the tenants zealously and professionally.

But is this type of class-action really the type of activity that Legal Aid should be spending time on? There are certain clients and cases that would go unserved if not for Legal Aid. Most poor people in the midst of divorce, foreclosure, social security applications, education law needs, and individual landlord-tenant disputes would not find representation in the private bar. As clients, they cannot pay a lawyer's hourly fee, and their cases are typically too small to justify a contingent fee arrangement.

With unemployment reaching double digits, the need for Legal Aid's individual services is larger now than ever. And that makes me wonder how Legal Aid is able to find the time to devote to a class action case. (Perhaps its plan is to merely see the case through its administrative phases, and to assist the tenants in finding private counsel should litigation be required.) The Metropole action, should one be filed, is large enough that there are members of the private bar who would take it on. Should it be left to the private bar, then?

I don't ask either of the questions raised in the post to demonize either 3CDC or Legal Aid. Both are organizations that (though very different) are extremely competent in their respective fields. Each is enormously important in the future of our city. But like any organization, it's fair to talk about their role from time to time. (Commenters, please take your meds before ranting here about either of these groups!)

"Progress" v. The Metropole Tenants Association (Part I)

I've been wanting to write about the coming conversion of the Metropole (located on Walnut between Sixth and Seventh) to a luxury hotel for some time. (Background: Enquirer; Streetvibes.) I've been reluctant to, for fear of what will appear in the comments. I don't want to feed the trolls who regularly comment in order to insult poor people. I also suspect, though, that the overwhelming part of our readership is fairly unsympathetic to the Metropole's tenants. Many of our readers consider themselves "urban pioneers" (a term I find patently offensive) who are somewhat sympathetic to the poor--so long as they don't have to live, eat, work, play, or pray alongside the poor. I'm a little afraid of what you'll have to say, too.

For me, this episode in the development of downtown Cincinnati raises three issues: the merits of the dispute between the tenants of the Metropole and the new owner of the building; the role and power of 3CDC in downtown development; and the role of Legal Aid in the provision of services to the indigent. I'll tackle each in turn over two posts.

1. Who's right: the tenants, or the landlord? Like most things, this isn't as black-and-white as those on either side of the dispute would have you believe. If the complaint to HUD is accurately described by the Enquirer (in other words, if the complaint really alleges that 3CDC is discriminating against the tenants because most are elderly or African-American), my guess is that it lacks much merit. I don't think 3CDC cares much about the age or race of the tenants it is displacing. Instead, 3CDC has a vision for downtown and this project is part of that vision, regardless of the tenants who are tossed out on the street. Remember, 3CDC's plans also call for the "relocation" of two commercial tenants, neither of whom--so far as I know--are owned by people who are minorities, elderly, or indigent.

But the tenants need to be treated with respect. To the extent that isn't happening, 3CDC should be ashamed. Federal law requires that a process be followed before federally-subsidized tenants can be displaced. The tenants' fear and anxiety is certainly understandable. I'm not indigent, and if my landlord announced that my building were closing in the next twelve months, I'd be apprehensive, too (I hate moving!), and I have the resources to find my own place. 3CDC claims that it will make sure it follows the law and that it will find appropriate new residences for the Metropole's tenants. I hope it keeps its word.

Ultimately, the question comes down to this: once a landlord accepts federal housing money, does that act as some sort of covenant that runs forever against the building, regardless of ownership? Certainly, that cannot be the case. Property owners must be free, assuming they follow the law, to opt out of Section 8. Take care of the tenants, but don't demonize the building's ownership for deciding to go in a new direction.

Dear Gang of Five: It's Your Turn

Mayor Mallory didn't waste any time after Milton Dohoney issued his budget by passing the plan right to City Council, which will change on December 1st. So the message I took from this is: Gang of Five, it's your turn to govern, not grandstand. I'll be very interested in hearing the rhetoric from the likes of Ghiz and Berding and as of Dec 1st, Charlie Winburn.

I'm surprised I've not heard anything from Berding. Just a month ago he was claiming people would flee Cincinnati if police were laid off. What will his plan be now? Dohoney's plan cuts really deep everywhere and raises fees, but still must cut the public safety departments. Will he now try to govern, or will he and the Gang of Five change winds and not pander to the FOP and the Westside voters and finally face the music by cutting the CPD and CFD ranks without the rhetoric of fear filling talk radio and Twitter?

Playing Chicken, Part II

Well, it is no longer election season. Now we shall see who really will be honest and who will continue to grandstand on the City's Budget. The City Manager has announced his plan and it includes cutting 315 jobs, including 110 from the police department, and 47 from the fire department. So two departments (police and fire) making up 2/3rds of the budget will get only about 50% of the job cuts. I guess some might call that prioritizing public safety. I am sure the FOP's sock puppets will call it something akin to a nuclear bomb going off in the heart of the Westwood.

I really hope that City Council does not play games. I've not seen what's come out on Twitter today and I don't know what's be said on talk radio yet, but I honestly wish it will adult speak, not gamesmanship or juvenile rants about who won't shut up.

Most Dangerous Cities 2009: Where's Cincinnati?

So, the same flawed group is out with another Most Dangerous list, this time for Cities, but Cincinnati didn't make the list. I for some reason didn't read this in any of the local media. Cleveland made the list, but not Cincinnati. St. Louis is #2, but no mention of it.

I hope the local media learned that this website uses bad stats, but it would be good journalism to do another story about how Cincinnati is not on the list, but it incorrectly got on a worst "neighborhood" list by some bizarre misuse of data. I know not to expect the media to do follow-ups, but I hope they will and calling them out may guilt an editor/producer into assigning a reporter, thus letting them do their jobs. Instead I expect to ready more fluff, but its the holidays, so no one wants actual news to happen. The goes double for local TV news, who are the worst!

Cincinnati Unchained November 21st

This Saturday join your fellow Cincinnatians and support local independent businesses in the annual Cincinnati Unchained. From the press release for this year's event:

On November 21, locally-owned businesses across Greater Cincinnati will urge area residents to support the city’s vibrant independent businesses by shopping locally-only. As part of Cincinnati Unchained, a shop-local event throughout Greater Cincinnati, participating businesses are asking residents to take one day to shop, dine out, and do other business only with locally-owned independent business.

A place to start would be the Gateway Quarter in OTR. Cool shops in the best neighborhood in the city.

You can help you neighbors by shopping at businesses that truly add to the community and local economy.

Brother, Can You Spare A Dime . . . . . A Report From The Breadline

Raise your hand if you think the United States has the best health care access and coverage in the world and if you think the United States is the richest and bestest country in the world . . . . Let's hear it for American exceptionalism . . . . .

The number of Americans who lived in households that lacked consistent access to adequate food soared last year, to 49 million, the highest since the government began tracking what it calls “food insecurity” 14 years ago, the Department of Agriculture reported Monday. The increase, of 13 million Americans, was much larger than even the most pessimistic observers of hunger trends had expected and cast an alarming light on the daily hardships caused by the recession’s punishing effect on jobs and wages.

* * * * *

One figure that drew officials’ attention was the number of households, 506,000, in which children faced “very low food security”: up from 323,000 the previous year. President Obama, who has pledged to end childhood hunger by 2015, released a statement while traveling in Asia that called the finding “particularly troubling.”

But, lest we get all wobbly about the fact that 14.6% of our country does not have adequate food or feel too sorry for these hungry children, Robert Rector, an analyst at the conservative Heritage Foundation, comforts us by stating, “Very few of these people are hungry. When they lose jobs, they constrain the kind of food they buy. That is regrettable, but it’s a far cry from a hunger crisis.”

Now, doesn't that make you feel better, these people are not hungry, they have just stopped buying steak, caviar, and foie gras, and are eating ramen noodles instead. I mean, after all, what five year old doesn't love a steady diet of ramen noodles.

'Every Breath You Take, Every Move you Make'

Bring on "Big Brother!" Public Safety will improve with the installation of video cameras at various points around town. Starting in Downtown and Uptown, street corners will have 24 hour surveillance and will be able to better catch criminals and watch for medical emergencies.

OTR is being considered for this, and I personally say yes please!

I am trusting the police on this issue. I understand that every time I walk to Fountain Square, I will be captured in the surveillance. This invades my privacy on one level. It is legal. The police could just have multiple officers stationed at the same locations and watch me just as much. They would be witnesses to know that I walked by just as much as video tape would be. Stationing multiple police officers as each corner is obviously way too expensive, so not a practical option.

One point that is not mentioned in the article and is the key question against this idea is how long is the video tape stored? 24 hours of tape is a lot and takes up a ton of space, whether digital or not. How long will it be stored? How long will police have to trace your movements? There has to be some time restraint, unless they have as much server space as Google, so that time frame will be something that should be made public.

Jim Knippenberg - Requiescat in Pace

What a sad thing to learn of Jim's death last evening. He was truly a legend in Cincinnati, the kind of person who knew everyone and, truthfully, knew a lot of gossip about everyone. Jim was a kind and generous man who loved life and lived it about as fully as one can. He will be missed.

Somewhere Jim is gathered at the bar with all his friends who went before, hoisting one and laughing that gregarious laugh. Some evening soon, all of those of us left here on this mortal coil should lift a glass to Jim and his life and memory. And in doing so, remember that "Life is rather like a tin of sardines - we're all of us looking for the key." Traveling mercies Jim.

Good News For CNN

National Cable News became a joke yeas ago and Lou Dobbs made CNN far worse than it needed to be with his insanity. His anti-immigrant jingoism, his embrace of birthers, and his out right anti-Obama stances were what you expect from outright biased news outlets like FOX. Lou Dobbs is now leaving CNN which does nothing but increase the credibility of the TV network. I think the cheers from Atlanta could be heard across the country when this was announced.

Serious Run or a Stunt?

28 year old Surya Yalamanchili is running of the Ohio 2nd Congressional District. By itself, that action is neither serious nor a Stunt, but when you add the fact the Yalamanchili was a contestant on "The Apprentice" television show, then I just don't see how this would be anything other than a stunt to provide him with attention to use for personal gain. Yalamanchili is a former marketer for Linkedln, so media stunts are not out of the possible sphere of his area of experience, so I am very doubtful of the seriousness of his campaign. If you want to run for political office, you need to do more than just issue a press release and have a website. You need an organization with people to help you and they must believe in you. The election is less than a year away, so he better start working on the basics if he doesn't want to be just an also-ran.

Remove Cole From Finance Chair

If there is one thing Mayor Mallory can do to improve City Council quickly, then it is removing Laketa Cole from the Finance Committee Chair. Her inability to work with, well, anyone, makes it an obvious need. She was the only person voting for her motion on the Property Tax rate in the committee session yesterday. So, now things are up in the air and someone with actual credibility wouldn't have let it get to this point.

Qualls Nixes Vice Mayor Slot

In this in-depth piece by Howard Wilkinson Roxanne Qualls stated she does not want the Vice Mayor's appointment. Here's the meat of what her future may hold:

Does she parlay her strong support among Cincinnati voters into a position of greater influence on the new City Council, such as an appointment to a major committee or as vice mayor?

Nobody knows; and Qualls isn't saying much.

No, she told The Enquirer on Friday, she isn't interested in being Mallory's vice mayor. Yes, she said, she might be interested in running for mayor in 2013, but "it's too early to talk about that." Yes, she said, she would consider a run for county commissioner, but is "leaning against it."

She clearly has City Wide support. That support will be something to think about in the future. A post as Finance Chair maybe something worth considering, especially if she can have more influence in getting some on the right to vote with her.

Oscar at 40: Does He Need a New Home?

The New York Times reports that Sesame Street has reached its 40th anniversary. The article points out that the show's sets have changed and now look "gentrified."

As a kid, my two favorite characters were (of course) Cookie Monster and Oscar the Grouch. PBS has already updated Cookie Monster for the new millenium, rounding out his diet with fruits and veggies and moderating his cookie consumption. (I don't know when the last time he was televised singing my favorite song, "C is for Cookie.")




But the article had me thinking: how many of today's kids come into contact with a trash can like that which serves as Oscar's home? Is it time for Oscar to trade in his metal can for a plastic "Herby"?

Downtown Restaurant Happenings (Mayberry's, Roma Trattoria, and Busken's)

None of these items seemed substantial enough for a full post, but each is interesting enough to be included in a round-up.

Mayberry's: Earlier this week, Mayberry's opened on Vine Street between Ninth and Court, in the space formerly occupied by Tom's Pot Pies. It's run by the same folks who own the Whole Food Market at Findlay Market. I stopped in for lunch on Tuesday and had (to go) a chicken Caesar salad and macaroni and cheese, both of which were quite good. A friend had the tuna melt and the tater tot casserole. He indicated the tuna melt was very good, but the tater tot casserole might just be an excuse to carbo-load (not that I ever need such an excuse). I'll note that I could smell the pot roast when I was there; it smelled great, but I was in the mood for something lighter. I'll definitely be back, as it's directly on my courthouse-to-office route.

Roma Trattoria: The big fight regarding the remodeling of the Metropole and its conversion to a luxury hotel will center on the relocation of its more than 200 residential tenants. But the sale of the Metropole will also force the relocation of two commercial tenants, Roma Trattoria and the Subway Lounge. I've never been to the Subway Lounge. Roma Trattoria is a great restaurant that will no doubt be hurt by taking away its Aronoff-friendly location. There are a couple spaces nearby that might be suitable: the space formerly occupied by Arloi Dee (on Seventh) and the space formerly occupied by the Maisonette come to mind.

Busken's: Finally, the Busken Bakery at Ninth and Plum (across the street from City Hall) will be moving in early December. It will take over a space on Seventh between Walnut and Main that was formerly occupied by Mythos (and, for those whose memories go back that far, occupied by Sushi Ray's before that). That seems like a sensible move to me, as the Ninth and Plum location always seemed to be a bit outside of the hustle and bustle of downtown (and thus lacking in foot traffic). No word yet on where the mayor and council members will get their doughnuts after the move, though.

Who Will Be the Next Vice Mayor?

With David Crowley term limited, the position of Vice Mayor will become vacant. The mostly cermonial position is not filled with much power, but it carries some influence. The Mayor gets to pick the person he wants, but it is often used as a way to reward or instill loyalty to a member of senior member of Council. Greg Harris may have been the logical choice for the Mayor, but now I don't know who he picks. Cole and Thomas are in his party with seniority, but wouldn't it be smarter for the Mayor to bring a foe into the Mallory camp by picking Chris Bortz? Bortz does not have the rumored eye on the Mayor's office that Qualls is alleged to have.

There are not other choices that gain the Mayor much. If there are better options, chime in.

Someone Tell Ghiz There's a Veto

I just heard Leslie Ghiz speaking on WVXU (mp3) about getting five City council members to reverse anything thing the lame duck council does, specifically on Property Taxes. Is she forgetting about something called the Veto? Here's the relevant part of the City Charter:

Section 6. Every ordinance shall be fully and distinctly read on three different days unless three-fourths of the members elected to the council dispense with the rule. No ordinance shall contain more than one subject which shall be clearly expressed in its title, and no ordinance shall be revived or amended unless the new ordinance contains the entire ordinance revived, or the section or sections amended, and the section or sections so amended shall be repealed. Council may adopt codification ordinances, codifying, revising and re-arranging the ordinances of the city or any portion thereof.

Any legislation passed by the council, whether in the form of an ordinance or resolution, shall be dated when passed. If the mayor approves the legislation, the mayor shall sign and date the legislation and it shall be effective according to its terms when signed by the mayor.

If the mayor does not approve the legislation, the mayor may veto the legislation and return it to the council within four days after passage with a notation of the veto on the legislation. The vetoed legislation shall be placed on the agenda of the council at its next regularly scheduled meeting. Legislation vetoed by the mayor and returned to the council may not be amended.

Upon motion passed by five members of the council, the council may reconsider the vetoed legislation. If six members of the council vote affirmatively to override the veto and enact the legislation, it becomes law notwithstanding the mayoral veto. It shall be effective according to its terms upon the affirmative vote and, if otherwise subject to referendum, the time for referendum on the legislation shall begin to run again from that date. Unless the council overrides the veto of the mayor at or before the second regularly scheduled meeting of the council following passage of the legislation, the legislation shall not take effect. Legislation enacted by the council over the veto of the mayor shall not be vetoed a second time. An ordinance placing on the ballot a charter amendment initiated by petition shall not be subject to a mayoral veto.

If the mayor neither approves nor vetoes the legislation, the legislation shall be effective according to its terms the fifth day following its passage. The effective date shall be noted on the original copy of the legislation by the clerk of council.
Every ordinance shall be published once within 15 days after its passage in a newspaper of general circulation in the city of Cincinnati, or a newspaper regularly published under the authority of the council. In the publication of every ordinance or resolution relating to improvements or to assessments upon private property for such improvements, the advertisement shall contain simply a statement of the title, number and date of the ordinance and resolution, a concise description of the private property affected, a summary of the nature of the improvements, the rate of any assessment levied or to be levied, and a reference to a copy of the said ordinance or resolution, which shall be on file in the office of the clerk of council. In the publication of all other ordinances or resolutions the advertisement shall contain a statement of the title, number and date of the ordinance or resolution, a brief statement of the nature of the ordinance or resolution, and a reference to a copy the ordinance or resolution, which shall be on file in the office of the clerk of council.

(Amended by Ord. No. 77-1999, eff. Dec. 1, 2001; election of May 4, 1999)

So, based on reading the above, the Mayor can veto Council ordinances and resolutions passed by council, and it requires 6 council members to override the veto. Now, other than measures to add Charter Amendments to the Ballot, there are no exceptions to the Mayor's veto power listed in this section I found.

If there is another section exempting the power of the Mayor on the veto, I invite anyone to post the link to it. I couldn't find it. I only found two sections mentioning the veto in a search of the entire Municipal code, including the Charter. The other simply was in Article III restating the Mayor has the power of the veto as defined in Article II, which is the section referenced above.

So, if the Mayor doesn't like what Leslie Ghiz and company wants, he can veto it. Why he's not used the veto yet, I don't know. If he doesn't use it now and going forward, then I'd like to know why. Leslie needs to work on getting 6 members of council to do something the Mayor does not like, not just five. Five is not the Magic Number when you don't like the Mayor.

Why do people keep underestimating the tenacity of the Mayor?

The Truth Sometimes Does Win

Like the Mayor, I was a little bit worried about Issue 9 going into last night. Once the absentee votes came in, however, I was convinced that the night would end well for those of us opposing Issue 9.

The campaign by the those in favor of Issue 9 was filled with a combination of out right lies and scores of misleading comments from both Chris Smitherman and COAST. Top that disreputable combination off with a very confused Tom Luken and you get a campaign that got far too much unquestioning attention from the media regarding its clearly visible goal to damage the city. With great effort from the No on 9 team, that gaggle of strange bedfellows failed. Truth and common sense won out.

The defeat of this measure does do two things to make transportation improvements closer to happening. For the Streetcar it takes away a big hurdle to funding the project. Efforts can now confidently be taken to secure the Federal and State funding require to move forward on the Streetcar. We don't need to vote on it again. We just elected a Mayor and 6 council members who support the Streetcar plan. That is how representative democracy works.

We'll still get the crack-pots around to unfold their latest tin-foil hat reasons why more jobs, increased public transit, and the economic development of the urban core is a bad thing, but that argument is easy to refute. Until then, I really hope the handful of anti-city zealots at COAST will learn something from their big defeat.

The second thing to help transportation is to remove any hindrance to the high speed rail efforts to connect Cleveland, Columbus, and Cincinnati. This Federal plan was destined to pass Cincinnati by, but again the Truth won out.