Tuesday, January 12, 2010

And Many More....

Happy birthday to Brian Griffin, who has just completed his thirty-eighth revolution around the sun!

CSO 2010-11: Wow, Wow, Wow!

The Cincinnati Symphony Orchestra has announced its 2010-2011 schedule. It is, easily, the most impressive lineup of CSO concerts in one season in the ten years I've lived here.

Both Janelle Gelfand and Mary Ellyn Hutton have the scoop. (A note here: until this weekend, I was unaware that Ms. Hutton, the outstanding reporter/critic formerly of the Cincinnati Post, had a site where she continues to write and blog. Griff: get a link up!) The highlights of the season include:
  • a cycle of all five Beethoven concertos;
  • five commissioned fanfares;
  • an opening weekend featuring Kathleen Battle;
  • a "farewell gala" featuring Yo-Yo Ma; and
  • Vadim Repin performing the Sibelius Violin Concerto.
Because Paavo will be a busy man (CSO is just one of four gigs worldwide for him in the upcoming season), Music Hall will also host a great variety of guest conductors. Since all of the guest conductors are rising stars, that may play a pivotal role in the CSO's search for post-Paavo leadership.

Paavo will conduct nine of the season's concerts. (At least, I count nine. Gelfand and Hutton both say eight, but I think they're referring to subscription series concerts, which doesn't include the Yo-Yo Ma farewell gala.)

It's a season to look forward to, and will no doubt be one to remember.

City Council Passes Rules by 6-3 Vote

WVXU is reporting Cincinnati City Council adopted rules rules to govern council today, almost a month and half after they normally are adopted.

I'm wondering who voted in the majority, anyone there for the vote care to update us with names?

Does Smitherman Only Know How to Threaten People?

Is Chris Smitherman, president of the local chapter of the NAACP, only able to communicate via threat?

It sounds like the school board to a degree agreed with his position that not enough African-Americans were employed on the current school construction projects. So, Smitherman went into his bag of tricks and pulled out the only thing he has: shouting threats. Political retribution to a school board is akin to telling a volunteer staffer you are going to dock their pay for being late. That aside, Smitherman has no political power to use. In the last election he had little influence on City races, so what makes him think he can do anything for the school board?

The more telling questions not answered were alluded to in the article: How many non-whites are employed on the constructional projects? Did the projects reach the goal of 40% of workers from city residents?

Maybe if Smitherman asked more questions, instead of demanding answers to the wrong ones, he might be taken seriously and maybe even has his opinion considered.

Monday, January 11, 2010

What's Worse: Cheating or Betting?

Pete Rose was accused of betting on baseball and banned from the game--including its Hall of Fame--as a result.

Mark McGwire has been accused--and has now admitted--to using steroids. His penalty? None. In fact, it appears that he will continue to be the hitting coach for the St. Louis Cardinals.

As regular readers know, I wasn't born and raised in Cincinnati, though it is my adopted home-town. I now consider myself a Reds fan. But I'm no Pete Rose groupie. As far as I'm concerned, Rose got the penalty he deserved, first for betting on baseball and then for lying about it for years. I don't buy the argument that it's OK since he never bet "against the Reds." Once he started betting for the Reds, he bet against his team every time he didn't bet for it. Everyone--including Rose--knew that getting caught gambling on baseball would get you baseball's version of the death penalty.

I don't know, though, how McGwire's transgression is less onerous than Rose's. Rose didn't cheat. Even under my theory of betting "against" his team, Rose has never been accused of intentionally altering game outcomes. But that's not so for McGwire. McGwire cheated. He gained an advantage through his conduct. And in doing so, he sullied one of baseball's most hallowed records.

Let's be clear about what McGwire did. This isn't a pitcher doctoring a ball on the mound, an act that can be detected by a smart umpire. This isn't even about HGH, which wasn't banned by the MLB until 2005. This was steroids--the rage-inducing, testicle-shrinking grandaddy of performance enhancers--which were banned in 1991. He knew he was breaking the rules. He knew he was gaining an edge. And he did it anyhow. He admits that he used during 1998, when he broke Roger Maris's single season home-run mark.

Mark McGwire should have the courtesy and grace to remain in the obscurity to which he had retired after his infamous testimony before Congress five years ago. The Cardinals' decision to retain his services as a hitting coach--to prop him up as a role model for how young players should approach the game--is vile. McGwire's presence on a major league coaching staff is an insult to every player who played or plays the game within the bounds of the rules, and an affront to every fan, unaware that McGwire's success was the result of illegal intravenous drugs, who cheered his hitting prowess in 1998.

If McGwire doesn't have the decency to stay away from the game and the Cardinals lack the wisdom to keep him away, then baseball and Bud Selig must step in to impose a penalty on McGwire. Given that McGwire's actions changed game outcomes and stole a coveted record, how can his sanction be any less severe than Rose's? Bud Selig must make the tough decision faced by Bart Giamatti in 1989 and force McGwire to accept banishment from the game.

The Reds open the 2010 season this April against the Cardinals. I don't normally boo much at ballgames or encourage others to do so, but if McGwire is present, he should be booed. And he should be ashamed.

Will Ghiz End Toys For Leis Program?

BossSexy makes a good point about Leslie Ghiz: if elected to the Hamilton County Commission will she put an end to the useless toy purchases made by th Sheriff's department? Could they maybe sell off some of the toys and maybe put the money to actually investigating more crimes throughout the county? I mean with Si Leis, the local Sheriff, as her campaign chair, she stands a good chance of talking with him about his problem of having too many toys he doesn't need. He will surely listen to her....

Using his toys in parades doesn't actually save money, like a Kindle will. Ghiz hasn't done much saving money as a council member. She's saved lots of raises for the FOP, but that would be about it.

Sunday, January 10, 2010

The Phony Coney Probes Who is Funding COAST

I would have thought there would be more in lines of local right wing nuts funding COAST, but it turns out there's more of a special interest motive at play. I wouldn't be surprised to see COAST start a petition drive to try and force the State of Ohio to issue gold coin currency, right after the check from the Gold Miner's Association cleared.

Saturday, January 09, 2010

Extra-Territorial Warrants and the Fourth Amendment

For those to whom the title of this post is gobblety-gook, I apologize. But I wanted to take a moment to mention that during the last week of 2009, the Second District Court of Appeals (which includes Montgomery, Champaign, Clark, Darke, Greene, and Miami counties) issued an extremely interesting decision on a legal question that is quite murky. So please bear with me while I go all law-geeky.

The facts are quite simple: Miami Township police came to believe that Kevin Jacob had committed a theft offense. (Believe it or not, he allegedly stole several Hummel figurines. Note to would-be thieves: people get very, very possessive about their Hummels.) Eventually, the police decided that Jacob had taken the figurines with him to California, and convinced a Miamisburg judge to issue a warrant to search Jacob (then in California), as well as a residence and two cars also in California. The warrant was sent to and executed by the San Francisco police.

The question before the Second District was this: can an Ohio judge authorize a search in California? In an opinion written by Judge Froelich, the court concludes that it does not. The court's decision relies heavily on the statutes and rules enabling Ohio judges and magistrates to issue warrants, all of which limit the judge's power to his territorial jurisdiction. "Crossing state lines," writes Judge Froelich, "by allowing an Ohio court to determine when California citizens and property are subject to search and seizure crosses [a] constitutional line."

As is my policy, I'll not comment on the merits of the court's decision. I did want to note, though, that one of our local courts of appeals recently wrestled with a particularly thorny constitutional question. For more analysis--including some discussion of how this applies to internet crime issues--read this blog post by Professor Orin Kerr of George Washington Law School.

By the way, because the appellate court determined that the issuance of the warrant was outside of the trial court's authority, Mr. Jacob's conviction was set aside; should the State seek to retry him, it will not be permitted to use the evidence obtained from the California search during a new trial. Given the novelty and importance of the issues raised, I'd be surprised if the Montgomery County prosecutor doesn't seek review before the Ohio Supreme Court (and perhaps ultimately the US Supreme Court).

Mr. Jacob was represented on appeal by Jennifer Getty of the Getty Law Office in Dayton.

UrbanUp Ponders Exclusivity

Sherman Cahal at UrbanUp ponders the viability of exclusivity in the booming downtown club scene. At last count there are at least five high-end clubs (with one more on the way) in the Downtown area. This doesn't include the high end restaurants. Can the market take this level of supply? I could use another Arnold's in Downtown. Can we clone it?

Let's Go Bengals!

In all likelihood, today is the Bengals' final home game of the 2009-2010 season (theoretically, the AFC Championship could be played here, but only if the Bengals beat the Jets and the Chargers and the Ravens beat the Patriots and the Colts).

Those of us who live in the southwestern corner of downtown have a unique experience when we watch Bengals' home games on television. (And since I don't have tickets, that's how I'll be watching.) To make sure we don't hear any bad words, games are, of course, broadcast with a delay of several seconds. For some reason, digital cable (to which I subscribe) is often a second or two behind its broadcast or analog cable counterparts. So people see plays on their TV about 7 to 12 seconds after they happen in real time.

Why does that matter? I live close enough to Paul Brown Stadium that I can hear the crowd. I can hear the crowd's intensity rise during and after a particularly positive play for the Bengals. And I can hear it, usually, a couple seconds before the ball is snapped on my TV. So as the team is at the line, if I hear the volume of the crowd suddenly pick up, I know the Bengals are about to have a big gain or a score.

I don't really have any game analysis for you (for that, check out one of the sports bloggers, like Lance McAlister). But I wanted to offer some sort of game-day post wishing the Bengals well.

And wouldn't it be cool if the AFC Championship game were here?

Thursday, January 07, 2010

Velvet Opens on Fourth Street

I'm not really cool enough to be in the know about things like this (I was hoping perhaps 5chw4r7z had the scoop, but there's nothing on his blog), but by virtue of proximity, I can report that a new nightclub has opened on West 4th between Plum and Central, in the space previously occupied by Bang. The new club is called "Velvet," and was open this past weekend.

I can't seem to figure out the new club's hours or who, exactly, is running the show (though I think it's the guys behind Bang/FB's/Club Clau/etc.). Some of the club's residential neighbors have complained about noise during the club's opening, so one hopes that the club will work to be a good neighbor. Velvet's owners should remember that a busy nightclub in that block is a relatively new phenomenon, and many of the street's residents pre-date Bang and thus weren't looking for the residential experience of an entertainment district.

If anyone has some info on the new club, feel free to post in the comments.

CSO Faces Transition

The CSO announced today that Paavo Jarvi will conclude his tenure as condutor at the end of the 2010-11 season, when his contract expires. The CSO sent an email to its subscribers informing them of the maestro's decision.

That comes on the heels of the death of Erich Kunzel, long-time conductor of the Pops. It also follows--by just a few weeks--Louise Nippert's extraordinary $85 million gift to the CSO.

I moved to Cincinnati in the fall of 2000. The first nine months of that time, I was too busy trying not to flunk out of my first year of law school to do anything outside Clifton. So for me, Paavo--who came here in September 2001--has always been been the face of CSO.

The search for a new conductor will no doubt be made easier by Ms. Nippert's gift, which ensures the long-time financial stability of the CSO. Most orchestras in similarly-sized cities don't have the financial breathing room now enjoyed by the CSO. This all means that CSO will likely have its pick of conductors from around the world.

So, Who's BossSexy?

Regular Cincinnati Blog commentor BossSexy has taken the next step and started his/her own blog.

The tag line is "A collection of thoughts and commentary on Cincinnati life that is too short to be taken seriously and too long to end up on Twitter."

Have a read and send your nutty comments to him/her!

Wednesday, January 06, 2010

Really, Milford?

Before a single flake of snow has fallen, and with only a few inches of snow predicted (snow that isn't scheduled to start falling for at least twelve more hours), Milford has declared a snow emergency.

Runners-up in the Race to Over-React to the Coming of the White Death: Little Miami and Mason schools, which have already decided on a two-hour delay for schools tomorrow. (If the forecasts are right--and they never seem to be--getting to school will be trickier, not easier, two hours later than usual.)

Stay tuned to the Cincinnati Blog, your best source for the ridiculing of people who can't deal with southwest Ohio's relatively tame winters.

Monday, January 04, 2010

Do Any City Republicans Want to Be on Council?

So all three Republican Council Members are running for Hamilton County Commission. All three would be running against each other in the GOP Primary.

So, I'm sure all three will have time to find ways to improve the city's budget problems. They've been so full of ideas recently that they have solved all of the problems facing us in the City.

Leslie Ghiz Announces Run for Commission

Showing her dedication to the City, Council Member Leslie Ghiz today announced her run for Hamilton County Commissioner. This has long been rumored and gives support to her right wing tilt during last year's council race.

According to the Enquirer she will not step down from council during the campaign, but claims she will reduce her law practice to compensate for the time.

How much time has she actually been putting into her duties as a council member before now?

No word on who will be challenging her.

Saturday, January 02, 2010

Plummer Fired From Police Department, Again

Cincinnati Police Officer Anthony Plummer has been fired from the force, again. Plummer was the officer who shocked the daughter of Councilman Cecil Thomas with a taser last summer. All reports of the incident reported that Plummer used excessive force in dealing with Celeste Thomas, who was on her knees when hit with the taser. There is no one out defending this officer's bad actions, but there will be at least one group who defend him.

Plummer is appealing his termination, as he did back in 2006 when he was fired the first time. This is the point where the Police Union must act. It is obvious Plummer does not belong on the police force. The FOP should convince Plummer not to return to the force. If the FOP lift a finger to help Plummer get back on the force, then they are complicit in his actions. The language from the internal police investigation was beyond damaging, it was a condemnation. The FOP must act to not only keep the citizens safer by getting this cop of the streets, they do themselves harm by defending him. How can any professional defend the improper actions of this terrible police officer? I know the argument they will make, they have to follow the rules of the union and defend him to the end, but when is enough, enough? All they are doing now is fighting for him to get money. He doesn't deserve a dime from anyone and it is theft if the city is forced to pay him anything and it is an injustice to the public if he gets his job back.

Plummer must go. If arbitration goes the wrong way, the only likely option would be some kind of buyout, which still sucks, but to keep a gun out of this guy's hands it may be worth the price.

Friday, January 01, 2010

A New Year, and a New Disclaimer

Since joining Brian here at the Cincinnati Blog a little more than two years ago, I've been a solo practitioner. That's meant that I've never had to worry about anyone attributing my words to anyone else.

As of today, though, I'm a proud partner in Caster, Dutta & Seibel, LLC. My point is not to advertise (though you should certainly contact us with any of your criminal defense, civil rights, employment, or appellate needs!). Instead, I just want to make it clear--as it should be to anyone who isn't an utter moron--that when I write, I do so only for myself. My musings here are my own thoughts, and should not be attributed to any entity in which I am a member or any of the other members of those entities.

And as you all know, Brian and I don't always agree, so I don't write for him, either.

Happy New Year!

Thursday, December 31, 2009

The Top Local News Stories of 2009

I'm sure people will quibble with my list of the top local news stories of 2009, but that's why we are here. My list gives deference to stories that are more important. I know that's not what the masses want, but since when is this blog about pleasing the masses? Anyway, here's the top ten:
  1. City Budget Battles - The lack of civility on council is a disgrace.
  2. County Budget Battles - The lack of planning from the Stadium Tax architects is causing a critical reduction of services. We actually need a functioning court and corner's office.
  3. City Council Election - Loss of Harris, wins for Winburn and Quinlivan: The Obama voters stayed home and the GOP scared enough Republicans to vote for Winburn.
  4. City Lay offs: Workers did lose jobs, but the FOP doesn't seem to care about that, just their own raises.
  5. Issue 9 goes down in defeat. The citizenry actually listened on this issue and defeated anti-city forces. We must be vigilant and defend progress, the likes of COAST and Smitherman will not end their quest to destroy the city.
  6. CinWeekly dies. Yes, it was "replaced" with Metromix, but there is less content, which goes went along with laying off the entire staff.
  7. Decline of the Enquirer and CityBeat: The economic downturn has hurt print media across the board and these publications took hits this year. We have less news gathering. Fewer reporters are out looking for stories. The existing ones don't have time to work on stories that may not actually pan out. Local News is dying. I don't know how to prevent that.
  8. Bengals and Bearcats are successful: Pride actually does a city well and people are more positive about where they live when their sports teams does well. Yes, that says a lot about our Culture, when sports drive so much of our Psyche, but if the Bengals win the SuperBowl, even Westwood Concern would support the Streetcar.
  9. People are coming downtown: We just had an election last month and it touched on crime, but overall, people think downtown is safe. No one demagogued the CDB. Many still fear OTR irrationally, but that too is changing.
  10. Ups and Downs in the Arts: Many local arts organizations had layoffs over the last year or closed outright (I will miss New Stage), but actions like Mrs. Nippert's gift to the CSO, the Opera, and the Ballet gives hope that once traditional donors get their investments back to a more comfortable level, they will continue giving and maybe give more.

Tuesday, December 29, 2009

Top Cincinnati Area News Stories of 2009?

So, I'm taking nominations for the top news stories of 2009. This is for the Cincinnati area, so keep your Health Care and Obama stories to yourself for this purpose. I think I'm looking for two types of stories, those that actually mattered and those that got a ton of attention. The latter being included, I'll likely have a sports story. I won't have that many, and no I don't think any high school sport story would ever make it, even if your school won the state championship. I'll have my top picks later this week.