Left Out in the Cold

Last week, I had an experience I knew I'd write about. I wanted to gather my thoughts, first, though. I also was pondering the right venue for my tale; I wasn't sure whether I should write here, or submit an essay for print publication elsewhere. Yesterday's story by WLWT on the "misunderstanding" at the OTR cold shelter has made me decide to write now. The following is a bit longer than the typical Cincinnati Blog post, and for those of you who read it, I offer my thanks.


My criminal defense practice includes representation of the indigent. This past Friday, I met with a client we'll call Mary to discuss an upcoming case. She's charged with a relatively minor offense. As we neared the end of our meeting, I sought to confirm the address in my file, so that I could send her notification of new court dates. She confided that she was presently homeless. I asked where she'd been sleeping, assuming that the answer would be the Drop-Inn Center. (Residents of the Drop-Inn Center can receive mail there.) She told me that she'd spent the last two nights sleeping in doorways or on park benches, because she'd not gotten to the DIC in time to get a bed.


As Mary, obviously exhausted, began to cry, I thought back to that morning. I remembered leaving my apartment at 7:00 that morning and how cold it was. I remembered that I'd parked my car near my residence the night before (I usually leave the car at my office, about six blocks away, and walk) because I'd decided it would be too cold to walk all the way to the Justice Center, where that day would begin for me. I also remembered grumbling because my car never warmed up on its 11-block, cross-downtown trip. The low temperature Friday was 12 degrees. I couldn't imagine having spent a night on the street in those conditions, much less two.


So I asked Mary to wait while I went to another room to see if I could figure out how to get her off the streets, at least for the night. I started out by calling the two women's shelters I know of in Cincinnati. The Anna Louise Inn is a terrific place but, as the woman who answered the phone explained, emergency shelter--particularly for women who don't have children in tow or a history of prostitution offenses--isn't really its mission. My next call was to Bethany House, another great organization. But it only has a few beds, none of which were available that night.


I was starting to get frustrated. I had really thought that I could pick up the phone, make a couple calls, and solve a problem. So I tried to reach out to a couple of social-worker type folks who have been helpful in the past. Unfortunately, neither of them were at their desks that afternoon. Someone else I talked to gave me the name of someone else who should have plenty of contact information at his fingertips. Unfortunately, his suggestion was Bethany House, with whom I'd already struck out.


Then I decided to call the Drop-Inn Center. I knew before calling that I wouldn't be able to "reserve" a bed for Mary, but I thought they might have other suggestions, or at least a tip on how Mary could assure herself of a bed. The woman who answered the phone explained that the DIC opens its doors at 8:00 pm and takes residents on a first-come, first-serve basis. She recommended that my client get to the DIC by 6:00. As we were talking, I realized that the "city cold shelters" I'd vaguely heard about must be open. I asked the woman if she knew whether they were. She didn't. I asked her if she knew where the Downtown/Over-the-Rhine cold shelter was. She didn't. She referred me to a website that didn't contain this information, either.


At that time, I had no idea where the "cold shelters" where. The only times I'd heard of them had been when a newscast would announce that the city had opened them. Nonetheless, at least that gave me a starting point. My next call was to the City Manager's office. I assumed someone there could give me the information I needed. Wrong again. The cold shelters aren't a function of the City Manager, I was told. Instead, they're run by the City Health Department. The woman gave me the department's number and transferred my call. After hearing the phone ring a few times, I got the voicemail of the Health Department's Public Information Officer. I hung up and dialed the number I'd been given, which of course was answered by the PIO's voicemail.


My frustration had moved towards seething anger. I'm a lawyer. Sometimes, accomplishing goals for clients requires that I work the phone. So I've gotten pretty good at that task over the last few years. But I was hitting roadblock after roadblock. No one, it seemed, had the information I needed. Or if they did have the information, they weren't answering their phones. I was particularly upset with the Drop-Inn Center. Why wouldn't they have information on the cold shelters readily available given that they know that (a) the DIC is over-capacity, and (b) it's really, really cold? Besides having the information near the phone, shouldn't they have that information posted at the front door, for anyone who was turned away?


If I were having so much trouble, how must it be for someone who actually needed the information for him- or herself? Someone with limited education, without regular access to a phone, and who was sleep-deprived? Would they have any chance of doing better than a park bench if there were no room at the Drop Inn?


Turning back to the web, I checked to see if the number I had was the main number for the Health Department. It was. I tried another number that should have been useful. Voicemail again. (It was not, by the way, past 3:00 yet.) I finally tried a randomly selected extension, and got a human being. She was kind enough to check whether the shelters were open (they were supposed to be), and where the nearest one was located (the recreation center on Republic, just north of Liberty). She told me when the shelters open (10:00 at night).


I went back to Mary and apologized for keeping her waiting so long. We worked out a plan: she would get to the Drop-Inn Center by 6:00 and wait there. If she didn't get a bed, then she'd walk the few blocks to the cold shelter on Republic. I wished her luck.


Mary's court date isn't for a few more weeks, and I don't have a way to contact her in the meantime. So I don't know whether she got off the street that night or the next. Now I know that on Saturday night, the City closed the cold shelter, apparently because it was too warm. (The city's standard for opening the shelters is single-digit wind-chills. The low temperature Saturday was 16 degrees. The low temperature Sunday was 9 degrees. The city was really so confident that from Saturday night to Sunday morning, the windchill would remain above 10 degrees?) I hope that next time I see Mary, I'll learn out she found shelter through the weekend, and has found a stable housing solution. But until then, I'll wonder.


There were lots of failures last week. There's clearly a dearth of options for homeless, single women in Cincinnati right now. There's seemingly no good clearinghouse of information for people who need emergency shelter. The Drop-Inn Center, which should have a lot of knowledge about places to which the homeless can turn, either doesn't have it or isn't sharing it. And the City isn't doing a good enough job of publicizing, on a daily basis, whether the cold shelters are open and where they are.


WLWT quotes Pat Clifford, Drop-Inn's manager:

Clifford stressed that while most people hear about them on the cold days, the
Drop Inn Center is serving and acting as the community's open door all year
long.

As far as I could tell, the door wasn't all that open last week. And no one else seemed terribly interested in answering other doors, either.

Dear Cecil Thomas, It's Time to Get Off, Love: the Pot

The Daily Bellwether is reporting that Cincinnati City Council member Cecil Thomas is reconsidering a run for county commissioner after he told the Enquirer last week he was not running. I thought P&G canceled all of their Soap Operas?

Maybe The Trash Police Really Are Coming....

You may remember that one of the mini-dramas during City Council's budget fight concerned the purchase of new, bigger, better recycling bins for city residents. While I continue to consider myself a Democrat, I've not hid my lack of passion regarding environmental issues. Keep a rec center open or do something "environmentally conscious"? Save a job but kill a spotted owl? I'll choose rec centers and jobs every time.

Nonetheless, I recognize that Mt. Rumpke cannot continue to grow ad infinitum. So increased recycling--assuming it doesn't come at the expense of social services or other core government functions--is probably a good thing. But I was disturbed by the following from the Enquirer's article on the new bins:

Each cart will have a tag that can be read from a collection truck. That tag will tell the city who's recycling and how much. Those who recycle most will earn points to redeem through a system called RecycleBank, which offers rewards from stores including Whole Foods, CVS and Bed Bath & Beyond.

Really? The city is now monitoring how much individual households recycle? It makes me glad I'm an apartment-dweller.

Does anyone remember two years ago, when Chris Monzel proposed a fine for people who put "inappropriate garbage" in city-owned trash cans? At the time, I ridiculed the suggestion, as did most of our commenters.

But is it paranoia to think that the city's new recycling program is the first step towards punishing people who don't recycle enough? Now that the cans are being distributed, what would stop the city from calculating how much a typical household should recycle, and punishing (i.e., taxing) anyone who falls below some threshhold level? Some, no doubt, would think that to be a terrific idea. I'm concerned, though, any time we find new ways for the government to know more about our daily lives. (Yes, I realize I have no right to privacy in trash--or recycling--I leave at the curb; however, constant government monitoring of each citizen's trash/recycling habits is far removed from the possiblity that a police officer, looking for evidence of a crime, might snoop in an individual's abandoned trash.)

On the bright side, one of RecycleBank's partners is Cold Stone Creamery. So at least there will be ice cream.

Some Downtown Food Blurbs

My blogging has been a bit sporadic lately, as my day job has been keeping me quite busy. The cancellation of a jury trial set for today leaves me a bit of time, though, and I wanted to quickly blog three items.

1. Mayberry's Beer and Cheese Tasting
You may remember that a few weeks ago, I mentioned that Mayberry was having a beer and cheese tasting. It was, frankly, a terrific event. For $20 bucks, you got five beers and five cheeses, which were served on two different cheese plates. The first plate held mozzarella, goat cheese, and camembert. Those were joined by a candied fig (mmm!) and whiskey-infused strawberries. The second plate yielded gorgonzola and a three-year old cheddar, accompanied by dried cranberries and truffled honey. (Yes, I said truffled honey. Amazing!) I hadn't ever thought of pairing beers with cheese, but Mayberry clearly had. It's fully a week later, and I still want some more gorgonzola. Of the five beers, there was one I'd had before, and the other four were revelations (delicious revelations).

So it's official: I have a man-crush on Josh Campbell, Mayberry's chef. If I ever When* I get married, I'm going to insist he cater the reception. If you're not a fan of the World Food Bar Restaurant Group on Facebook (and thus receiving updates on upcoming events), you're a fool.

2. Mr. Sushi is Open!!!
Whoopie! (Typed without sarcasm.) We have sushi downtown! Mr. Sushi opened in the 580 building, on 6th Street next to the defunct Oceanaire. I went for lunch today (I thought I might be the first to blog on the restaurant, but Polly Campbell, who actually knows something about food, beat me to it.) My friend and I ordered take-out (we had fooled ourselves into believing we'd eat at our desks and actually work this afternoon). The sushi rolls run between five and seven dollars. I had a tuna roll, a salmon roll, and another one whose name I forget--basically a spicy tuna roll with lettuce leaf. (Yes, a lot for lunch, but I was worried a partner back at the office might try to swipe some.) They were all quite good and the restaurant was quite busy, even by 11:30.

3. Abby Girl Sweets is Downtown.
Josh may be the subject of my man-crush, but I've got a full-on infatuation with whoever Abby Girl is. Her cupcakes are divine.

Abby Girl Sweets is on 5th next to the Havana Martini Club. The flavor of the week is tangerine. I ordered one, worried it could be too sweet, but it was perfect. I can also report that the chocolate, the carrot cake, and the "neapolitan" (strawberry cupcakes with half vanilla, half chocolate frosting) are all delightful. (For anyone who knows I'm supposed to be dieting: of course, I wouldn't have tried these myself. I must have heard about how good they are from others. Yeah, that's the ticket.)

* Edited for the sake of my patient though long suffering parents (who just marked their 40th anniversary!), whose hopes for grandchildren have dwindled so low they're buying a puppy.

Hey Downtown Nightclub Staff and Regulars!

Do you know who the man known as 'Madness' is? If you do know, police want to talk to him about allegedly seriously beating a man up. The man is now in a coma. The man was found on January 24th in the 600 block of Walnut, just outside Bootsy's Restaurant, around 3:45 a.m. Don't protect anyone; there were three women seen with 'Madness' and watched the attack. If you know who any of the people are, please contact police: Crime Stoppers (513) 352-3040, or District One Police at (513) 352-3505.

A MMA Blog, Really?

Cincinnati.com/Enquirer has started a mixed martial arts blog called MMA Nati and I honestly don't know why. I'm way out of touch with this sport, in the sense that my knowledge of it comes from the Jon Favreau story arc on Friends, so when I wonder how this warrants any more attention then say NASCAR or Professional Wrestling, my ignorance may be in the way. I really wonder about that, though, I'm not totally out beyond niche culture to miss the local appeal. Maybe I am just getting a bit old.

More on SCPA and 'Taking the Stage'

Classicgrrl from Cincyvoices goes into detail on problems with the auditioning of the new cast members for entrance into SCPA.

2010 Bockfest Sausage Queen Competition Dates Set

Few events capture the history of drinking in Cincinnati better than Bockfest and once again you can get your fill of frivolity with Bockfest early with the prilimiary rounds of the Sausage Queen contest. Think of these events as warm-ups, giving you a chance to get your Bockfest tolerance a bit of a Spring-Training.

The Sausage Queen has few qualifications other than being 21 and likeing Bock beer and Sausage.  Additionally, there is more innuendo at these events than can fill your mouth. (You know, fill it with ground up meat inside a casing.  What else were you thinking?)

Anyway, this year's event branches out to Northside and Covington, so be sure to get your friends to enter the contest.  I think if you pretend there is a prize, like say a year's worth of bock beer, you might get your really cute next door neighbor to take part.  Seriously, costumes earn more points.  And I can tell you that points matter in a really serious event such as this.  The bribes have been known to go way beyond free beer.  People bring baked goods!  Yes, a clear violation of all things that are holy, but hell, all's fair in love and war and the Sausage Queen competition. 

The preliminary events are:

Friday, February 12, 9PM, The Comet, 4579 Hamilton Avenue, Cincinnati

Thursday, February 18, 9PM, at Arnold's, 210 East 8th Street, Cincinnati

Friday, February 26, 9PM, at the Blue Bar, 266 Pike Street, Covington

Saturday, February 27, 9PM, at Milton’s, 301 Milton Street, Cincinnati

The Finals will be during Bockfest on Saturday March 6th, 8PM at Bockfest Hall.

For more information, check out www.bockfest.com.

COAST Caught Lying Again

Truth and honesty are two elements that the person posting on COAST's Twitter account just doesn't understand. How do I know this to be a fact? Well, by first reading this COAST Twitter Post:

DITTO. RT@amybsells:Challenging to come up with new ways to tell [CITY] to stop spending and start saving if they want to buy a [TROLLEY].

Then if you simply link on the profile of the person they are re-tweeting, you can read this:

Finding it challenging to come up with new ways to tell people to stop spending and start saving money if they want to buy a house.

So a house equates to a "Trolley" and people equates to the "City?"

COAST has being cherry picking Twitter post looking from anyone and everyone complaining about any rail service problems. You can find people complaining more often about highway traffic and road conditions, but COAST will ignore anything that does not fit their agenda. I guess today they couldn't find any posts about some kid pissed they missed their train and instead COAST just TOTALLY changed what a person was talking about and tried to pass it off as a call to the City, thinking that using [] will be enough to fool people into thinking this person was agrees with COAST's desire to kill any and all public transportation.

This is what we in the sane world call Lying. It is nothing new for COAST, so for those who know what the group has done before, this will just be more of the usual.

If any politician associates with this group, they are working with liars, out to mislead the public. Their credibility was dead long ago, this is just being pathetic.

"So You Want To Be A Rock 'N Roll Star"

'Taking the Stage' the MTV reality show about students at Cincinnati's SCPA is totally manufactured, if you hadn't already guessed. Producers for the show brought in 5 kids to the school from different areas around town and 1 kid from out of state.

I hope people understand that this is nothing but exploitation of a school for benefit of no one but MTV. It will not make the careers of the students. This is really looking like a mistake for CPS.

The School gets attention, nationally. That is a win, but is it enough? Is it worth it? Does the SCPA really want to attract new students here with the false hope that they can have their break and be rich quick? This is not the way I would want to begin the next school year in a new building. We need our schools to be about all of the students and not about outside production schedules.

Jim Tarbell Running For Commissioner

Howard Wilkinson of the Enquirer posted on Twitter this morning that former Vice-Mayor Jim Tarbell will run for the Democratic nomination in the Hamilton Count Commissioner's race.

This is very interesting news. If he wins the primary, would he get a Charter Committee endorsement? I'm not sure how Jim will play outside the city, but he should far well within the city, and would counter both Ghiz and Monzel strongly.

UPDATE: I guess we now may know why Cecil Thomas is not running, after he said he was considering it.

Was this CityBeat Article Actually Meant for the Enquirer?

In this week's CityBeat I was very surprised to read the article entitled: Pregnancy Center More Than Just 'Anti-Abortion'. The surprise comes with the balance of the article. The article gives many instances of contrary viewpoints from critics of the "Pregnancy Center," namely from Planned Parenthood. That's not the problem. The problem is that the article in total gives deference to the subject. The Pregnancy Center make statements about what they do or don't do, but they are taken at their word that they actually are being honest about their counseling practices and don't have an alternative agenda. This deference is like the natural bias the Prosecution gets in the eyes of the jury, when it often thinks: why would they bring a case at all if they guy wasn't guilty?

CityBeat is a liberal/progressive paper and more often than not it chooses subjects that would not present a positive viewpoint of an 'anti-abortion' organization. For example, a question that I would have asked the group, and I think most of the CityBeat staff would as well: Does the Pregnancy Center provide contraception? A follow-up question if they said 'no': If part of your mission is to prevent abortions, why would you not take the simple action of giving people the means to prevent unwanted pregnancy? That question may have been asked, but it wasn't in the article. If the group had said they do give out condoms or birth control pills, then that would earn the headline it got.

This story is something I would have expected to read in the Enquirer. This is how the Conservative bias of the paper comes through, especially with the headline used. The article has balance, but gives the subject, one the print readers of the Enquirer favor, a positive spin it likely does not deserve.

Add this to a pro-marriage insert this week and you would think there's a spy over at CityBeat's offices!

Layoff the Magic Mushrooms, Brinkman

Tom Brinkman would appear to like charging at windmills. Of all Republicans in Democratic clothing to challenge, he is thinking about taking on Dusty Rhodes for County Auditor. Why not just get certified as a police officer and take on Si Leis for sheriff while you are at it, Tom? There's about as much chance of that happening as him beating Rhodes.

Dear Freeman McNeil: Where Was the Black Vote?

During the recent controversy inside the Hamilton County Democratic Party Freeman McNeil is quoted on Cincinnati.com as saying:

“Black folks in Cincinnati make this a Democratic city,” McNeil said. “We have not received anything in return.”

Two points Mr. McNeil may want to consider: 1)The Hamilton County Democratic Party is more than just the City. 2)Where were the black votes in the 2009 council election?

In 2008 there was a huge turnout in predominately African-American Wards in the city proper, yet in 2009, those same wards saw a decline below the 2005 voter turnout, even with a Mayor, who happens to be black, up for re-election against a white Republican. The Democrats lost a seat on council, so the failure to get the out the vote falls on whom? If most of the black members of the HCDC's executive committee claim that blacks are responsible for the City being Democratic, then why did the ballots cast drop in most of the predominate black city wards in the 2009 city elections?

Ward		Neighborhoods		Change in Registered Voters 09-05	Change in Ballots Cast 09-05
0		City Wide		13,478	-91
1		Mt. Washington/California		384	730
2		Madisonville/Oakley		563	231
3		Evanston		307	-373
4		Hyde Park		-22	253
5		Mt. Lookout/Linwood		379	400
6		Downtown/OTR		1,248	226
7		Roselawn/Bond Hill		532	-351
8		Mt. Aburn/Mt. Adams		270	-77
9		Walnut Hills/E Walnut Hills		221	-154
10		OTR		588	-43
11		Clifton Heights		366	-115
12		CUF		958	-105
13		Avondale/North Avondale		341	-650
14		Pleasant Ridge/Kennedy Heights		452	46
15		Clifton		808	-68
16		Queensgate		225	0
17		West End/OTR		816	-117
18		West End		87	-194
19		Sedamville/Sayler Park		167	202
20		Price Hill		562	-20
21		South Fairmount		180	-86
22		Northside/Camp W/S. Cummingsville		527	16
23		College Hill/Mt. Airy		1,045	-29
24		HartWel/Carthage		532	74
25		Price Hill(Covedale)		833	-18
26		Westwood		1,109	131

I'll get called names for pointing this out.  I know certain people (like guys who wear capes around town) will surly call me all sorts of things for daring to put numbers back into the face of black Democrats using the race card to get someone a job. I'm doing it anyway, and it's not the first or last time.  I'll survive.

It could have been so much easier. Instead of handling this with wisdom and discretion, it was put out in the press. Division and discourse plays right into the hands of Republicans. Instead of playing games race, why not look at the qualifications of executive director, Caleb Faux?  Here is the ED of the party who just over a year ago help steer the county Blue for the first time in decades and for a black candidate as well. Having over 117,000 non-city residents vote for Obama is a big deal.  He didn't do it on his own, but as the ED, he gets some of the credit.


Now, its time to get past this and sing a happy tune.  There are elections to be won this year.

Attention City Council - You Have a Job, Currently

This is ridiculous. With Cecil Thomas talking about running for County Commissioner that makes Five of the Nine sitting Council members either declared candidates for different offices or openly talking about running. A majority of council members are already thinking about moving on and they were just elected. All of the Republicans are ready to leave and half of the Democrats are ready to move on. Does that mean Bortz, Berding and Qualls all want to be Mayor? I'm hoping Quinlivan will actually try and serve on council for more than one term and get some experience before thinking about moving on.

I think we have a new FIVE to mock, but I don't have a catchy name. Once they leave office maybe they be the Forgettable Five.

Cole vs. Reece

Alicia Reece and Laketa Cole both appear to want State Rep. Yates soon to be vacant House seat, but only one will get it. Reports indicate Reece will be appointed to fill Yates' seat when he moves to an open Municipal Judgeship. Cole is signaling she may run against Reece in November. At this point I'm not sure why they are talking about November, what about the primary?

I think there would not be a big cry from anyone if Cole left City Council.

Fine Arts Fund's ArtAlive Party Feb 20th at the CAC

The Fine Arts Fund kicks off their annual campaign with a great event: the ArtAlive Party, Saturday February 20th, 2010, 7 PM at the CAC. Cincinnati is privileged to have a world class arts scene and a core reason for that is the FAF. If you don't know what the FAF does for Cincinnati, then you really need to read their website www.fineartsfund.org.  This event brings the art community together to celebrate the Cincinnati tradition of supporting the arts and this gives the art supporter the chance to experience the amazing cutting edge art going on right here in Cincinnati.  This is about Cincinnati, this is not about what is going on in other places, this is happening here and now.

$25 in advance ($30 at the door) gets you a great night of excitement including special live performances and the opening of the Shepard Fairey: Supply and Demand exhibit at the CAC. Add in great food, a drink, and mixing with the people who make Cincinnati vibrant and you have an evening not to miss.

If this isn't enough, that whole weekend, Feb 20th - 21st, is the FAF's Sampler Weekend filled with FREE arts events all across the metro area.

So When Does Monzel Move to the Suburbs?

Chris Monzel gave his "I Hate the City" announcement speech on Wednesday making it official that he is running for Hamilton County Commissioner.

The highlights of the speech were:

• Monzel calling himself a 'Son of the Suburbs.'  I guess 'Son of the South' was taken?
• Monzel promised to not raise taxes, but has no plan to deal with the budget shortfall.  I wonder if he was facing a foreclosure at home, would he refuse to get a second job to pay off his mortgage payments because he made a pledge not to increase revenue? Not paying your bills must be worse than taking the hit and telling the kids what they can't have.  No health-care?  No food?  I'm sure he'd call for giving up milkshakes, which 'would' prevent a foreclosure in most families.
  
• He held his press conference at an electric car company showroom.  I am guessing the Tea Baggers are going to put a hit out on him for doing that.

Expectations for the primary fight between Ghiz and Monzel are high.  The highest hope we could all have is that both Ghiz and Monzel quit council and appoint Amy Murray and George Zamary to council in their place.  If I'm going to have a Republican on council, I'd like them to want to be on council and care about the city.

PNC Music Series to Return in Force to Fountain Square

The wildly successful PNC Summer Music Series returns to Fountain Square in 2010 and with an expansion to include Monday Jazz and an improved booking process through Sonic Bids.

Last year's Indie Summer events every Friday were great showcases to the best of local Cincinnati music as well as some special shows like the Fiery Furnaces.

The weekly line will be:

Monday: Jazz
Tuesday: Country, Blues
Wednesday: Reggae
Thursday: Salsa on the Square
Friday: MidPoint's Indie Summer
Sunday: Gospel, Soul and R&B

Building Cincinnati Likely to Cease Publication

Yesterday Kevin LeMaster, Editor and Publisher of the Building Cincinnati Blog, announced that his blog likely will cease publication. His hope had been to turn the website into a full time endeavor, but at this point it has not met his expectations. The website has been one of the best blogs in town and provided the best coverage of development in the city and surrounding area.

I personally hope Kevin can continue his blog in any form possible. His voice is important to the Cincinnati area blogging community and he has and hopefully will continue to contribute to the development of Cincinnati and its urban core.

Beer, Cheese, and Movieoke

All right, not all in one place. But all in one night. There's some fun things going on next week downtown. Usually, I'm not cool enough to know about stuff like this until after it happens, but thanks to the magic of Facebook, I'm (sort of) in the know for a change.

On Wednesday, January 27 from 7 to 9 in the evening, Chef Josh Campbell of Mayberry (on Vine Street next to Hamburger Mary's--it's a creation of the World Food Bar Restaurant Group) will host a beer- and cheese-tasting event. Seating is limited to just 20 people (well, 18, since I've already made my own reservations!), so call now to reserve your spot. It sounds like a fun evening. (I can't imagine anything other than a great time when you combine beer, cheese, and Josh's culinary talents!)

On the same night, beginning at 8:00, the Below Zero Lounge will host a "movieoke" night. The concept, as I understand it, is similar to karaoke. You get together with a friend or two, and the video to a movie is played while your group lip-syncs the lines (which are provided). When experienced with copious amounts of alcohol, I suspect this is a fun time, too!

MusicNow 2010 Announces Dates and Line Up

MusicNow returns to Memorial Hall March 30th with a great 2010 festival lineup. Headliners include Joanna Newsome, St. Vincent, yMusic, and Justin Vernon of Bon Iver.

Tickets are on sale now. $20 per night and $50 for 3 day pass.

WNKU Goes "All Music"

Starting February 1st, Public Radio station WNKU will go all music with the dropping of two NPR news programs(pdf). Gone will be Morning Edition and Fresh Air, programs that can both be heard locally on WVXU. WNKU News Director Craig Kopp will anchor a new program called "Morning Drive" which will feature music but will continue with "NPR and BBC newscasts, local news and local features and interviews that get behind the headlines," filling in the morning drive time.

WNKU is making a smart move. It long ago ceded news programming to the more powerful WVXU station. By focusing on a unique mix of music, they stand to gain listeners and better serve those they have. It also hopefully will increase the rotation of local recording artists and I hope the morning program can be a showcase for local bands and artists.

What Exactly Is Smitherman Protesting? Seriously!

If Chris Smitherman and his followers from the local NAACP are protesting the issue of minority contracts on CPS construction projects, then I can understand the point. I don't like the fact that Smitherman has debased the local NAACP chapter into being little more than a lobbyist for black owned companies, but putting that aside, inclusion in public contracts is a fair issue to be concerned about.

The article from the Enquirer states that the protests are about working on MLK day. Seriously? This is what the protest is about? Working on a holiday? That is not a civil right and Smitherman knows that. Private companies, which are doing the construction, can be open for work any day they wish. I did know it was a priority of the NAACP, to require private companies or even vital public services to refrain from working on this particular holiday. Why would Chris Smitherman make MLK into a political football? Today is a day we should remember the man and his message and honor him. Today is a day that many people fought for and wanted, not as a political day, but a day where everyone (all races!) can honor what Dr. King did and the dream he died for.

I'm surely going to get flack from some for daring to criticize the leader of the local NAACP on today of all days, but I believe that is, in part, what Dr. King wanted: everyone to be judged by their actions, not given leave to exlpoit ideas and a movement for their own embellishment. I'm judging Smitherman by his actions and his actions are not of a man looking to help people, they are the actions of a man looking to help himself and a few of his allies. That does not do justice to anyone's memory, no matter how superficially similar it may appear. MLK was about than just knee-jerk protests. He had principles. Smitherman could use a refresher on those principles.

The Time Is Now: Read Tom Callinan's Essay on OTR

Please read Tom Callinan's Essay about preservation of OTR. It is a straight forward piece that points fingers everywhere. We all must act. The attitude is the first thing and the phone call that Tom should make is to WLW-AM and try to convince them that their hate filled anti-city attitude are not only wrong, but they will hurt when the city loses as well.

The Urban core is the heart of the metro area. It must thrive and it will bring all of the Tri-State area along with it..

Best Unauthorized Use of a Registered Trademark Goes Too...

Cincinnati MetroMix had egg on its face this week with what they had originally billed as the "Best of Cincinnati" contest. CityBeat made MetroMix aware of the problem with using "Best of Cincinnati" which is a federally trademarked item. MetroMix updated the information surrounding the contest, including the website.

The moral of the story, check with the lawyers before using a title that sounds like a very similar title for a very similar contest that's been around for 14 years. Better yet, be original, and don't rely on corporate programs! A long winded moral, but one that everyone should learn. The non-relying-on-corporate part is the hardest part to do, since most of reliance is mandatory. Another reason to read local.

The actual Best of Cincinnati voting opens soon!

Because We Have To Do Something

Approximately 2 million people live in the capital of Haiti and the surrounding areas where the earthquake struck. The American Red Cross is now estimating that 3 million people are affected by the disaster. Current reports from Haiti tell of terrible destruction, widespread chaos, and overcrowded hospitals. Preliminary reports are estimating the death toll could be as high as 50,000.

Former Republican Presidential candidate, Rev Pat Robertson says the earthquake is God's punishment on Haiti because of some "pact with the devil" Haitians made at the time of Napoleon III. America's moral compass (and occasional drug addict), Rush Limbaugh, saw the devastation and death in Haiti this way:

This will play right into Obama's hands. He's humanitarian, compassionate. They'll use this to burnish their, shall we say, "credibility" with the black community--in the both light-skinned and dark-skinned black community in this country. It's made-to-order for them. That's why he couldn't wait to get out there, could not wait to get out there.

Thankfully neither of these cartoonish boobs represent actual people in America.

Help the people of Haiti in any manner you can.

Council Staff Bonuses Not a Big Deal

Berding and Bortz gave year end bonuses to their staffers.

This is not a big deal, especially since the amount of money is not hugely significant. They both did not use of their payroll budget, so how they structure the salaries of their staff is their prerogative. I was pleased to see everyone come in under budget overall. I wonder, what is Monzel not spending money on that other council members are? How is he able to have 25,000+ left over? Cole was close behind at 17,000+. So the question could go to her as well.

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.

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.

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.

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?

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!

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.

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.

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.

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!

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.
    

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.

Crappy Budget and Five Are to Blame

Only one of the five who voted for this bad budget deal are to blame. The four: Cole, Qualls, Quinlivan, and Thomas had no choice. Charlie Winburn pulled a Joe Liberman on them and was 'for' furloughs and then flipped in such a manner that The Flying Wallendas would be proud.

The FOP Election was going on yesterday and it appeared to me that Winburn and his staff may have been doing a little acting in the effort to make Kathy Harrell look like she won a victory. How real were those shouts in the hallway that Jane Prendergast reported? Kathy Ended up winning easily, 555-90, but just below half (49.4%) of the rank and file voted for her. What does it say that voter turnout for the FOP election was only 57%? Does the rest of the membership feel like their vote doesn't count? Or that there was no real choice?

The rest of the blame goes to those who put forth no ideas and no plan of their own, namely Berding, Bortz, Ghiz, and Monzel. Leslie Ghiz can call this plan 'garbage, but what did she offer up in its place? Bortz attacked it and I think he is most concerned about raiding the City's Working Capital Reserve Fund for 8.2 Million. He is right to call that irresponsible from a development and infrastructure perspective, but unless you get furloughs or layoff cops and fire fighters, there is no other way, or at least no other way on the table. If the silent four are going to govern, they have to play the game with Winburn too. No, you can't trust Charlie Winburn. He will double deal everyone, unless you pay him off. He agreed to the rules and he got himself a new committee to play with. Yesterday, he got to dance with the FOP and help Harrell raid the city's reserve to keep the seasoned cops sitting on their butts getting pay raises, while still having the younger pups out doing the work. The FOP now owes him, and he will collect.

If you are going to sit on your hands and not put forth ideas, you really have nothing to complain about. Hell, no one of the Gang of Five put any pressure on the unions to provide concessions. The only thing close in the budget is a cut of Overtime, which reportedly will come mostly from the CPD, and none of the silent four voted for that!

We have a crappy budget. We have to live with it, for now. It is time that every member of council starts participating in the process. The first step would be to stand up to the Police Unions. Next, some reform of the police and fire departments might be in order. If you are not willing to do that, then no one is really serious about fiscal responsibility.

Buyer's Remorse for the FOP?

FOP President (at least for now) Kathy Harrell may be a little bit pissed at herself for supporting Charlie Winburn for Council. Charlie appears to be playing word games in his reported support of the latest budget deal. Winburn pledged to not support any budget that included fire or police layoffs. The the current deal on the table doesn't directly call for police or fire layoffs, but instead calls for 10 day furloughs with layoffs coming if unions don't agree, so I guess in the world of a slimy politician, that's keeping your word.

Harrell may not have agreed with Greg Harris, but he was a council member who was honest. There are no exchange policyies in council races. She claimed to have help defeat Harris and win it for Winburn. Well, caveat emptor, Kathy.

Latest Budget Deal on the Ropes?

A new budget deal for the city was announced today, but late word from Jane Prendergast is that this deal may have stalled, with Charlie Winburn, the presumed 5th vote, calling for a recess.

The deal puts the plan for layoffs in the hands of the unions, either furloughs or layoffs. The police and fire departments would need to accept 10 days otherwise 34 from the Fire Department and 47 from the Police Department would be laid off. Additional cuts for AFSCME and CODE would be put to those unions as well.

For the FOP this couldn't come at a worse time, as they are holding union elections today.

Did COAST Help Cause an Increase in Crime?

The point of this article from Enquirer's Jessica Brown is that the lack of jail beds is turning criminals back on the streets.

The article goes on to say there are two causes for the lack of jail beds, the closing of Queensgate Jail in 2008 and the defeat of the Jail Tax plan in 2007.

So, 20,000 arrestees were turned away because we don't have enough jail space. COAST and its other allies were the main campaigners fighting to defeat the Jail Tax effort. They reveled in that defeat.

During the election, many (mostly the conservatives) said the crime rates were increasing this year in the city. If that is true, part of it can be laid at the feet of the recession. More people are poor, crime goes up. That's a general fact of life that no one can prevent or deny.

If any increase in crime can be traced to 20,000 people not being on bail before their trial and being free, then COAST should get a big fat share of the blame and be ridiculed for its efforts to defeat the jail tax. The problem with that notion is validating those released from jail are committing more crimes. The article uses as a source Sheriff Simon Leis, who is not shy of point out problems with solutions that would get more funding for his department.

The bias of the Sheriff aside, there is a lesson to learn. The anti-government stances put forth by COAST, like the 2007 anti-jail tax campaign, are examples of how bad ideas that are born out of shortsighted extremism come back to bite everyone in the ass. People are far to ignorant and groups like COAST prey upon that ignorance. Their strategy is to make complicated issues into yes/no questions. That is how charlatans work. They try to convince people the issues are simple, but they know that's a lie, but when your goal is destruction, lying is no vice.

Ghiz Blocks the Cincinnati Blog on Twitter

You have been blocked from following this account at the request of the user.

I've never held back my criticism of Council Member Leslie Ghiz, but I've never been offensive. Is that reason enough to block me on Twitter (@Leslie_Ghiz)? I had been a follower of her account for a while and replied to many of her tweets, with fair, but critical questions. I just realized she was tweeting or so I thought. I don't know when she blocked me, but I would guess its been a while, likely before the election. I guess she prefers to isolate herself from critics. Sounds like she's preparing to grow up to be a Republican.

Two questions arise from this: 1)Was I the only one blocked? Did anyone at the Enquirer or any other blog get blocked as well? 2)If she is twittering from a city owned computer does that fall under the public record statues?

Know Theatre Adds Shows!

The Know Theatre has added two additional performances of Sideways Stories From Wayside School on Sunday December 20th and 27th at 3PM. The family friendly show is fun for all ages (I'd say kids maybe 8 or older will have more fun, but matures younger ones might like it too).

For tickets, go to www.knowtheatre.com. Tickets are only $12 in advance, and get them now, they are really starting to sell out, which is why they added more shows!

If you go on either day, be sure to come early and visit the neighborhood and shop! Check out www.otrgateway.com for all of the shopping, eating, and drinking options.

The Phony Coney's Christmas Wish For COAST

There is only so much coal in the world, but The Phony Coney has a big pile of it ready for the members of COAST at their Christmas party. I'm sure the event will be filled with the anti-City, anti-urban, anti-government negative spirit we come to know and expect from COAST.

Again, Less News is Bad News

The average television news viewer will not notice this type of change at WCPO and WXIX. That has to do with the average television news viewer being as interested in real news as they are interested in which type of Novocaine their dentist uses.

In a perfect world, I would wish this would allow Channel 9 and Channel 19 to devote more time an resources to actual news gathering, but no, it will not. News gathering (aka News Reporting, aka Journalism) is a dying profession. It is nearly dead in television, and is on life support in print.

More and more I am scared of that ability of the public will actually get reasonably unbiased and relevant information will be gone. Trust is the most important skill in journalism, and as talk radio and advocacy media are becoming the only way people hear about things, we as a society lose. I really wish people were not apathetic sheep, running toward the cheap mindless media traps being set all around.

New Commenting System

I'm in the processing of changing commenting systems, so comments may be sporadic. Please bear with me over the next few days. I will be playing with the method of commenting once I am fully up and running, so they functionality may very. Let me know if there are opinions on things that work or don't work and I will take it under advisement.

For those wondering, Haloscan, the system I was using, is ceasing operations and being absorbed by a system called Echo, which I the system I am converting to.

Monzel is Void of Honor

Once upon a time there lived a City Council Member who I in no way agree with politically, but who I respected and felt had a high level of integrity. That Council Member's name was Chris Monzel. At this point, Monzel has transformed himself into a political hack approaching Steve Chabot territory. Monzel lacks honor. I am saying he lacks honor because he's not crazy. He also is not stupid. He lacks honor because he is not being honest. In his press released issued today responding to a call for ideas on what to cut in the budget Monzel continued the campaign dogma.Therefore any budget that I will consider voting for will not, under any circumstances, include the laying off or dismissal of police officers or fire fighters (and related essential personnel) as well as severe cuts to the resources that these fine men & women need on a day to day basis to keep us safe.Monzel needs to stop pandering. The election is over. He is not going to win any more votes. He needs to start actually BEING a Council Member. That involves facing the facts that there is a 51 million dollar project budget shortfall. We can't cut all 51 million from non-public safety departments. We can not and more importantly, we SHOULD NOT! The CPD is bloated. The Enqurier article on CPD overtime is on big area that if address would provide meaningful cuts. But, not in Chris Monzel's eyes. The FOP is his Holy Grail and he will do what ever they want, no matter how low they stoop. No matter how many times they create false panic. No matter how many police slow downs they organize to punish citizens for daring to question their divinity.

I look at the other Four of the Gang of Five and I really hope they do not play Monzel's game. I'm pointing at Ghiz mostly, since she's been the worst, even though Berding has given her a run for the City's most prolific Grandstander. Since they seem to be playing a game of chicken with the Mayor, I expect the fireworks to erupt soon. It makes for good blog fodder, but as is obvious is makes for horrible governance.

Milton's Robber Dead

The man 'allegedly' responsible for robbing Milton's Tavern last summer died after a police chase in Anderson Township.

Yeah, the 'allegedly' is in my opinion not allegedly in the slightest, but the guy never stood trial for the crime, and who knows what his family might do, I don't need the grief. Anyway, he did get punished. Now I hope the staff and patrons of Milton's can have more peace and enjoy the holidays with a beer. If you are good, maybe an elf will make gumbo.

An Amazing Gift for Cincinnati Arts

Louise Nippert has made history with her incredible gift to the CSO, Opera, and Ballet. Classical music is the base of fine arts and this gift will go far to ensure that the CSO can continue as a world class orchestra and in turn provide first class live music to the Opera and Ballet for many years to come. This donation will also help all of the local arts organizations in the city, if by no other way then opening up opportunities for other donors to focus on an expanded list of Arts groups (like local live Theatre!). Mrs. Nippert played the role of Mrs. Claus in a big way yesterday, so turn on WGUC right now and think of the culture this city will be able to continue to remain famous for throughout the world.

Who's Next?

If the media reports are correct, Brian Kelly will tell his soon-to-be-former players tonight that he is leaving for South Bend. At least we'll get a million dollars of Notre Dame's money (at least, I assume his contract with that school will force it to pay his buyout from his UC contract).

Thanks to Brian Kelly for three great years. As someone who went to Nippert to watch games during the early part of this decade, it was terrific to see the excitement (and success) he brought to the program. I've previously written that coaches should not be permitted to leave before their season is done. But until the NCAA creates some more rational rules, the system is what it is. I don't blame Notre Dame, Brian Kelly, or UC for Kelly's early departure.

Now, UC has a decision to make: will it continue to grow UC's football program, or will it view the team's recent success as a byproduct of Brian Kelly that is unreproducable by another coach and therefore back off? I hope it chooses the former path. UC made a mistake by permitting the basketball program to be too strongly identified with a single head coach. It should continue with its plans to provide Division I-quality practice facilities and expand Nippert.

Who should UC look to hire as its next head coach? There's a lot of talent (not the least of which is Zach Callaros) ready to play next year. After 12 wins and 2 consecutive BCS appearances, UC will have more options than it did after Mark Dantonio left. A short list of candidates (in no particular order):

• Kerry Coombs, UC (a terrible choice, but this is who UC chooses if it decides it's not interested in continuing to grow the program)
• Jeff Quinn, UC
• Turner Gill, Buffalo (if Kansas doesn't sign him first)
• Skip Holtz, ECU
• Butch Jones, Central Michigan University (two CMU coaches in a row?)

Any other names we should discuss?

Wussy Packs Them In, From Canada

If you've been living under a rock, then you may not know that Wussy is one of the best bands in Cincinnati. They have attracted a nationally following amongst indie music experts which has attracted Stuart Laidlaw from the Toronto Star to fly to Ohio to see wussy. He loves Wussy, and one might say put the fanatic in fan. He likely was a little giddy when he got to met the band after a recent Show at the Northside Tavern, but we can forgive that. It is great attention for a band that continues to grow and continues to be a standard barer for the Cincinnati Music Scene. Help out the band and give a gift of Wussy this holiday season.

Attention I71 Drivers!

This is a public service announcement to all I71 drivers. If you were white-knuckle driving your way home tonight, then be open to some advice. If there ever is a weather forecast that includes a chance for snow, any chance of snow...fluries...a light dusting...or even just few flakes, then stay home. If you can not handle driving in the rain, then you should never drive in the snow, ever. Also, you must vote for all forms of public transit if you ever plan on going anywhere: trains, buses, or pack mule.

This ends this friendly public service announcement.

Yes, It Snowed This Morning

In case anyone missed it, there was a slight snow fall this morning.

I hope you have plenty of canned food to survive the day.

Jean-Ro v. Wade

Sorry. I just couldn't resist getting to use the title.

As first reported by Polly Campbell, Jean Robert de Cavel has filed suit against his former business partner, Martin Wade. (The defendants are actually several limited liability corporations, each of which operated a separate de Cavel/Wade restaurant.)

De Cavel is represented by Vorys, Sater, Seymour & Pease. I believe that Wade is represented by Taft, Stettinius & Hollister. The case, filed in Hamilton County Common Pleas court, has been transferred to the recently-created commercial docket.

Jean-Robert seeks an injunction prohibiting Wade from taking any action (including public statements) seeking to use a non-compete agreement to keep Jean-Robert from opening his new restaurant. It appears from the filings that Jean-Robert agrees that there was a non-compete agreement, but that it has expired. According to his attorneys, the non-compete was in force while Jean-Robert was providing services as a manager to Wade's restaurant group and for one year following the termination of those services. They claim that Wade restructured the group in September 2008 and removed de Cavel as a manager at that time. Wade, of course, has publicly claimed that the non-compete is in force for one year after de Cavel leaves the partnership, which he hasn't done yet.

The language from the non-compete agreement quoted in de Cavel's brief seems to support the chef's legal interpretation. It's not entirely clear the facts are with him though; at least as I read the court documents, there may be an argument that he remained the manager of Pigall's until it closed at the end of February 2008. His attorneys must be planning to argue that "services as a manager" refers to managing the entire group, not just one restaurant in the group. I don't know whether that argument is sustainable. I also don't know whether, apart from the non-compete, de Cavel would have a fiduciary obligation not to compete with an entity in which he is a partner. (For the sake of my own culinary delight, though, I hope that de Cavel's attorneys have the upper hand in both arguments.)

A couple of interesting tidbits from the motion for injunctive relief:

• Jean-Robert says that Wade only began rattling the non-compete sabre when Jean-Robert refused to transfer his 20% interest in the restaurants (and--perhaps most importantly--a liquor license) to the Relish Group.
• In his letter to de Cavel informing him of the then-impending closure of Pigall's, Wade claims to have lost money every year Pigall's was open. Wade wrote, "Fine dining as you know and love, no longer is a profitable business."
• Jean-Robert testifies (via affidavit) that the reason he delayed the opening of his new restaurant at Seventh and Vine is the uncertainty created by Wade's litigation threats. This seems to contradict what Jean-Robert reportedly told Polly Campbell about the delayed opening.

It'll be interesting to see how this all plays out.

Council Committees Revamped

The Mayor wasted no time changing Council's power structure by renaming and eliminating committees. The line up is as follows:

Committee: Chair
Budget & Finance: Cole
Public Safety: Thomas
Job Creation: Winburn
Strategic Growth: Bortz
Livable Communities: Qualls
Quality of Life: Quinlivan
Government Operations: Berding
Rules Committee: Qualls

Monzel and Ghiz were shut out. Ghiz reportedly wasn't pleased. I find that shocking, oh so shocking. Having Cole at Budget & Finance really sucks for everyone.

More from WVXU

New Role for Vice-Mayor?

Since Cincinnati's move to an executive mayor, the role of vice-mayor has been largely symbolic. When Jim Tarbell was vice-mayor, I seem to recall Mayor Mallory describing him as a cheerleader for the city. David Crowley, while certainly active on Council, seemed to continue the Tarbell tradition of vice-mayor as cheerleader-in-chief.

The appointment of Roxanne Qualls, I suspect, signals a shift in what is expected of the vice-mayor. I can't imagine Qualls signing up for a gig that is merely ceremonial. Instead, it's likely that she has an agreement with Mallory similar to the one Biden had with Obama: that she'll be "in the room" when important decisions are made.

I don't have anything to substantiate my speculation beyond Qualls's history of strong leadership in the city and her penchant for the nuts and bolts of urban policy and planning. If I'm right, though, I think her appointment will be good for both the mayor and the City: her experience and strong voice will be extraordinarily useful to the administration during the difficult months ahead.

Marking the 30th Anniversary of the Coliseum Tragedy

This week marks the thirtieth anniversary of The Who's concert at Riverfront Coliseum (now U.S. Bank Arena), where 11 people died in a stampede into the venue.

The Enquirer has a terrific article by Lauren Bishop on the tragedy and its aftermath. Lauren does a great job of blending a history of the incident with individual narratives from people who were there.

I've known that something happened at a Who concert back in the '70's (I think I first heard of it when Cincinnati re-legalized festival seating five years ago), but didn't really know what happened or why. This article is a good read for anyone who is either a non-native or too young to remember 1979.

Brian Kelly Watch

Oklahoma's Bob Stoops says he has no interest in a Notre Dame job.

TCU's Gary Patterson just finished a contract renegotiation, which mean's he is staying put.

Brian Kelly? He simply won't address the rumors until after the Pitt game on Saturday. Not exactly the unequivocal statement of commitment UC fans would like to hear right about now.

Dear Notre Dame: Haven't you learned anything? You need a defense-oriented coach. Coach Kelly is great, but defense doesn't seem to be his strong suit. Leave him alone.

Dear UC Alumni Association: Shouldn't someone rent a plane to buzz the campus towing a sign saying, "Let's Keep Kelly" or some similarly catchy phrase?

Dear NCAA: Isn't it time you adopted an anti-tampering policy similar to the NFL's? What kind of joke do you turn into if one of your major bowl games (in particular, the Sugar Bowl) involves a team led by an interim head coach? Better yet, what if UC beats the Panthers (thereby vaulting TCU in the BCS standings), Texas loses to Nebraska (moving UC to #2 after Alabama loses in the SEC championship), and Notre Dame hires Coach Kelly before the bowl games? Do you want the national championship played by a team that just lost the coach who took it through an undefeated season? Just make teams wait until after a coach's job is done to hire a coach away. It works in the pros; it can work at the college level, too.

Qualls is the New Vice Mayor

There was little choice for Mayor Mark but to name Roxanne Qualls as Vice Mayor. The big questions still out there, who will fill the rest of the committee chairs? Here is a list of the committees and the prior chairs:

Committee: Chair
Arts, Culture, Tourism and Marketing & Technology: Monzel
Economic Development: Bortz
Finance: Cole
Health, Environment and Education: Crowley
Law & Public Safety: Thomas
Rules and Government Operations: Berding
Transportation and Infrastructure: Qualls
Vibrant Neighborhood, Recreation, & Public Services: Qualls

Obvioulsy Crowley's chair at HEE is open, but will there be other changes? I think everyone except Laketa Cole would like to see someone other than Cole chair the Finance Committee. With her placing 9th in the race, she may have to settle for something else. I would like to also see Monzel removed from Arts & Culture. I don't see Chris liking much of anything on that committee, so his judgment is not going to help push arts, culture, tourism, or marketing. His only interest seems to be technology, which doesn't really fit with that committee anyway.