Sunday, February 21, 2010

Shoulder to the Wheel, Nose to the Grindstone, Eye on the Ball......

Last week was a strange week. And as the new week begins, I find that I'm reminding myself to put my head back down and focus on the things that really matter to me. I also find myself wondering why certain things get beyond our standard echo chambers, and others cannot.

Most of you know that Wednesday, the local blogosphere erupted over a Vanity Fair article that made a gratuitous, cheap shot at Cincinnati. As far as I knew, the hubbub began with this post from Kate the Great. (Apparently, other bloggers had seen and posted on this days earlier.) I did what I often do when I see an interesting blog item: I linked back to it and provided my own commentary. Within hours, Tom Callinan of the Enquirer did the same thing, linking back to KRM and here. Then Griff called me on the phone, telling me Fox 19 News was looking for me for comment. I got in touch, they asked if I'd speak on camera, and I agreed. So I ended up on TV for a few seconds. (Sadly, Kate the Great was apparently unavailable to defend the honor of the Queen City that afternoon, so I got pulled off the bench and into the lineup. I kind of wish I'd had 6 months to lose about a hundred pounds before the interview. Or that the camera man had taken a wider shot. We all should have been spared that close-up on my multiple chins. :-) )

But what (I suspect) only a few of you realize is that my commentary on VF was only the second time that week I was quoted in the traditional media. The first was last Sunday, when a front-page article in the Enquirer discussed recent changes in the practices of the HamCo clerk of courts in handling complaints filed by private citizens (i.e., criminal cases that are initiated by an affidavit that is not signed by a police officer). Deep in that article, which was written by Dan Horn, I'm quoted.

This weekend, I'm left reflecting on the two very different responses to the two articles. When Horn's article came out, I was pleased to read it and proud to be quoted. The private complaint issue is one that I'd spent time on in my day job. Horn didn't find me because of the blog or simply because I'm a criminal defense attorney; instead, this was something I'd worked on. I thought the article would foment some discussion. While I believe the law requires the change the clerk's office has now made, I also recognize there's another side to the issue: private complaint referrals were a way to preserve police resources. Eliminating them may make it more difficult--or impossible--for some victims of minor crimes to seek redress in the criminal justice system, as the gatekeeping function of a police officer's job will become even larger than it has been.

My post on VF, on the other hand, was a knee jerk response. It was meant to be a brief diversion on a day I hadn't had time to grab lunch. There's nothing particularly controversial or even worthy of an extensive discussion in that post. Of course we all (or most of us) like or love Cincinnati. And is it really news to any of us that lots of people who live on one of the coasts or overseas don't view midwestern cities as desirable places to vacation? Shocking!

So what interest was generated by each? Last time I checked, the Enquirer article on the citizen complaint issue had about 45 comments. Callinan's piece on VF? 200.

No one outside the blogosphere cared much about my post on difficulty finding emergency shelter for a client. Personally, I think that's a much more important story than our mutual love (or lack thereof) for the Queen City. Jack is involved in an important lawsuit about how we help former inmates re-enter society after they've "paid their debt." While the media has covered it, the post here generated a total of zero comments. (Perhaps the post was poorly written. I'll certainly admit that's possible.) And the Enquirer's article (a well-written one by Dan Horn) garnered fewer than half the comments than Callinan's VF piece did.

What's my point? I'm not sure. It was nice, of course, to email my parents and tell them I was on TV, or to tell my friends over dinner Wednesday to watch the news that night. But nothing that happened that day or the next accomplished anything. No one's life was made better. No cause was advanced.

The past week reminds me of why I originally accepted Griff's invitation to blog: to write about things that matter. It's the same reason I became a lawyer: to do things that matter. This doesn't mean I'm not going to continue to post on some great place I had lunch or cheer on the Bearcats. But I want to make sure I'm spending the bulk of my time here and--more importantly--in my practice on things that really shape people's lives. I want to make a difference, not to simply be a cheerleader. Both my job and this blog leave me in a unique position to do that. I just need to make sure I focus on the important stuff.

Reports from Cincinnati Casino Charrette

Kareem Simpson at Ante-Up Cincinnati has a report from Cincinnati Casino Charrette held yesterday at the Art Academy.

It is excellent to see the community taking an interest in the direction of this project. For those of us living in OTR and the Downtown area, the Casino will have a large impact on our quality of life. Depending on how this project is designed, completed, and operated, that impact may be net-negative. Citizens obtain more information about the plan for the Casino will at least give us a chance to prepare for problems and may make Civic leaders aware of issues that may arise before they get out of hand.

Greg Korte of the Enquirer also has an article on this event.

For those not familiar with the term: Charrette.

Friday, February 19, 2010

Four Fewer Council Members?

I wish it were possible that all four Cincinnati City Council Members running for higher office could win. It's not that I want any of them to go on to arguably more important positions, its that them winning would guarantee better members of council. Yes, guarantee. Sure we could end up with four Charlie Winburn types, but I am happy to say only one exists, and no one is remotely similar in the current crop of possible replacements.

In the end, there are fair odds that one of the four could win in November. It all depends on the primary battles and the various November match-ups, which are very interesting. If Monzel wins, I think both Thomas and Tarbell could beat him. Ghiz likely would beat Thomas, but Tarbell vs Ghiz would be more of a barn burner. (Yes, at this point, Huber E. Brown is an also ran.)

Cole vs. Reece is really a fascinating primary. This will be a hardcore retail political effort where each candidate will have make the face to face personal connections to primary voters, in order to get the numbers to win. Advertisements and signs are not going to be as effective.

The only strategy out there could be for Cole/Reece to save some money and work with Thomas. There could be joint events, but otherwise the messages will be different. Reece/Thomas would logically be a better fit, based on overall ideology, but who knows. Each campaign may not have time to even bother working together, since the clock is ticking so fast.

Thursday, February 18, 2010

Shepard Fairey's Work at Arnold's

Check out artist Shepard Fairey and his team hard at work installing a mural on the East wall of Arnold's in Downtown.

Shepard and his team even stayed at Arnold's for lunch out in the courtyard. That's how you experience this city.

Don't forget to hit the CAC this Friday for the Free Opening starting at 8 PM. Shepard Fairey will be DJing. Do not miss this event, it will be memorable. Blogger(s) may be dancing.

Tuesday, February 16, 2010

Vanity Fair Trashes Cincinnati

The February 2010 issue of Vanity Fair contains an article belittling the Creation Museum. I'm all for being scornful of the strict creationist approach to history, as I believe carbon-dating is a much better method of determining the age of the earth than is the "begat method." So if someone wants to ridicule the Creation Museum, I'll not get in the way; I've done it myself.

But for some reason, a funny thing happened on the way to the museum: the article's author, A.A. Gill, developed (and now expresses) an intense dislike of Cincinnati. I was prepared to do a thorough fisking of Gill's little screed, but Kate the Great has done it better than I would have.

I thought, though, that maybe we could all debunk Gill's swipe at Cincinnati--that the city has "meager pickings to boast about." (He goes on to suggest that if cities had highlight reels, ours would be dominated by the Creation Museum.) So, dear, readers, what do you think Cincinnati has to brag about?

Kate got us started with a list (of course, she's brewing for a fight when she picks Cincinnati's "best" restaurant). To her suggestions, I'd add:

That's just a quick list I compiled in about 30 seconds. Gill should come back: I'll show him around, if he's not too busy looking down his nose at me.

Feel free to suggest your own places for Gill to visit on his return trip in the comments, or in a letter to the editor, which can be sent to letters@vf.com or via facsimile transmission to 212-286-4324.

Sunday, February 14, 2010

Veterans Courts?

As long as I'm blogging about efforts at criminal justice reform today, I thought I'd mention this piece at Slate by Dahlia Lithwick. The article discusses the advent of "veterans courts," a specialized docket carved from the regular criminal docket for veterans whose offenses can be linked to mental illness as a result of military service.

As Hamilton County (along with the rest of the nation) struggles with how to best rehabilitate individuals who commit crimes, we'll no doubt be talking more and more about solutions like these.

The Deen of Food Network Coming to Music Hall

As Polly Campbell reported last week, the Food Network's Paula Deen will do a cooking demonstration in Music Hall on March 7, 2010. Tickets are now available.

The cooking demonstration is at 7:00. For $175.00, you can have a seat onstage. (Prices go as low as $40 for rear balcony.) For $200, you can skip the demonstration, but have a three-course meal and "one-on-one" interaction with Paula at 5:30.

I really like Paula Deen and would love to see her in-person. (Yes, this will subject me to some ridicule in the comments. So be it.) But I have a tough time justifying spending 175 bucks for an onstage seat, even though I know it would be a great experience. I enjoy going to baseball games, too, but can't bring myself to buy a diamond seat at GABP, either.

Have any of you found a rationale (and the willpower) to pony up that much cash to rub elbows with cooking greatness? If so, let me know what you told yourself that made you feel OK about writing that check; maybe it'll work for me, too.

Suit Seeks to Reform Prison System's Transitional and Post-Release Policies

This past Wednesday, the Enquirer reported that a group of former inmates have filed a class action lawsuit in federal court, alleging that Ohio's system for providing for the re-entry of inmates into society violates the Americans with Disabilities Act with respect to the provision of post-release mental health services. The core of the plaintiffs' claims can be found in paragraphs 98 and 99 of their complaint:

98. Defendants’ failure to engage in necessary pre-release planning for these inmates results in a “revolving door” phenomenon in which inmates with psychiatric disabilities are released without adequate support and accommodations, and are then reincarcerated for manifestations of their psychiatric disabilities.
99. Defendants fail to provide Plaintiffs and the class they represent with requisite pre-release accommodations, including but not limited to facilitating the submission of pre-release applications for assistance that would enable eligible Plaintiffs and the class they represent to obtain SSI, SSDI, Food Stamps and Medicaid immediately upon or shortly after their release from prison, connecting the offender with mental health services in the community in which they will be discharged, and insuring that the offender is discharged with appropriate medications. These accommodations could allow Plaintiffs and the class they represent to make a successful transition from the prison and into a community. Defendants could make important improvements in pre-release planning by taking a series of easy steps at little or no additional cost, yet they have failed to do so.

This is an extremely important issue. Every criminal defense attorney in town can talk about representing individuals who are accused of committing new offenses within months of release from an Ohio prison. It happens because there are simply too few resources to help ease the transition between incarceration and freedom. That transition can be difficult for anyone, but can be a nightmare for a former offender with significant mental health issues. The lawsuit seeks to force the State of Ohio to implement more transitional programs. These programs would constitute a "reasonable accommodation" of a disability, a mandate of the ADA.

The plaintiffs are represented by the Ohio Justice and Policy Center, Advocates for Basic Legal Equality, and--oh, yeah, our own Jack Harrison of Frost Brown Todd.

Interestingly, a possible solution--though one that has to be implemented locally rather than state-wide--may be discussed in a piece posted yesterday by USA Today. It talks about the success of the Richland County Reentry Court, a specialized docket (much like Hamilton County's drug or mental health courts) designed to put recently-released inmates in touch with the resources they need to survive outside the institution.

OJPC has been extremely successful in achieving statewide reforms with past lawsuits. Over the last five years, OJPC reached agreements with the state regarding the medical care of inmates and (separately) regarding Ohio's juvenile justice system and DYS. It'll be interesting to see what comes of the present litigation.

Friday, February 12, 2010

Winter Shelter Remains Open

The City of Cincinnati has announced that its emergency winter shelter at 1715 Republic Street will remain open for the next four nights (Friday, Saturday, Sunday, and Monday), beginning at 10:00 pm each night.

Thursday, February 11, 2010

Fair and Classy, a Lesson for COAST

The members of COAST should look to Kevin Osborne for how to act in the on-line and real life worlds. Kevin wrote about a public aspect of the personal life of a member of COAST. There are no mean words. There is no jumping for joy at another person's misfortune. Kevin puts forth a poignant opinion and shows where real life hopefully can be a learning experience for COAST. If nothing else, I will be hopeful that COAST will not repeat their classless behavior.

Wednesday, February 10, 2010

Winter Shelter Emergency Continues

This afternoon, the City of Cincinnati announced that it will extend the winter shelter emergency through tonight and tomorrow night. So on Wednesday, February 10, and Thursday, February 11, the OTR Community Center at 1715 Republic Street will be open beginning at 10:00 pm.

The weather temperatures are frigid: tonight's low is expected to be 21 degrees, with lots of wind. Tomorrow night, the temperature will drop to 8 degrees.

Tuesday, February 09, 2010

Cecil Thomas Is Running For Commissioner

First he was in, then he was out, now he is back in the race for Hamilton County Commissioner. I really don't like the Godfather III plot parallels.

Thomas' hemming and hawing does not bode well for him as a candidate. Thomas is not known as a big retail campaigner. Tarbell knows how to campaign face to face well and appears to like doing it, that edge goes to Tarbell. Thomas is an elected Democratic official, while Tarbell ran and won as a Charterite, edge to Thomas. Tarbell may need to get some party allies lined up. I would look see who Roxanne Qualls backs. She is the most popular political official in the city. If Jim can get her supporters along with the suburbanite Dems, he will go along way.

This will be a difficult primary race to analyze. We've not had Dems face off against each other for county wide races since I've been in town, so, almost 20 years.

Winter Shelter Emergency Tonight

The emergency cold shelter in the Over-the-Rhine Community Center at 1715 Republic will be open tonight beginning at 10:00 pm. The City has issued a press release announcing that it has declared a winter shelter emergency. Excerpts from the release:

Cincinnati—Mayor Mark Mallory and Dr. Noble Maseru, Commissioner of Health, today jointly declared that a Winter Shelter Emergency will be in effect tonight and will end on the morning of Wednesday February 10, 2010. This means the emergency Winter Shelter located at the Over-the-Rhine Community Center, 1715 Republic Street, will be open tonight from 10:00PM until 8:00AM. Social service agencies and community organizations should refer persons who are not accepted by existing shelters to the OTR Center.
A Winter Shelter Emergency is declared when temperatures are in the single digits and/or wind chill is in the single digits for sustained periods of time; when it is determined that regular shelters are expected to be filled to capacity; and life threatening conditions could result from lack of temporary housing. In addition the Winter Shelter Emergency communication system remains activated.

The release also offers instructions for anyone wishing to donate time, money or supplies:

Though very much appreciated and valued the OTR Emergency Weather Shelter
is not equipped or staffed to handle unexpected donations. Please advise individuals interested in making food or clothing donations, or volunteering their time, they should first coordinate with Josh Spring of the Greater Cincinnati Coalition for the Homeless at 421-7803 ext 13 or 716-7455 (cell).

Snow Day

The Snow continues to fall Downtown, and doesn't seem to be letting up. Any ideas for what to do on a Snow Day?

Monday, February 08, 2010

The White Death, Part Deux

So, with the sun shunning brightly over Cincinnati today, it is time to fret over the massive blizzard to hit over night.

Predictions:
1) I will lose my voice screaming at the cars going 10mph on I-71 as I drive into work tomorrow morning.
2) I will step in a total of six piles of slushy snow during the next 48 hours.
3) Some will want to throw a snow ball at my head, but will hold back, intuition telling them not to get into a snowball fight with a man who grew up near Buffalo.

Saturday, February 06, 2010

A Metropole Moving Day

On my walk this morning I happened upon movers setting up shop for a move from the Metropole. I don't know know who was moving out or where they were moving to, but they had a professional crew there to do the move.  A couple of questions arise:
  1. Did 3CDC pay for the mover?  I hope they did.
  2. How many people holding out for more attention/money are left?
The redevelopment of the Metropole building was a controversial act in the minds of a select few activists, but I think in the long run the displaced tenets will find better and bigger apartments that do not have the history of crime that plagued the Metropole. I think the efforts of those trying to block this redevelopment are very misplaced.  Where was the class action efforts when the building was literally controlled by criminals?  I hope everyone still living at the Metropole quickly finds a new place to live.  I hope they are not being lead to hold out because of the political agenda of anti-development interests, but those who seek to block the efforts of 3CDC will exploit the poor.  The "ends justify the means" isn't just a belief practiced by Neo-Cons, the far left will stoop to that level too.

Friday, February 05, 2010

Leveraging the Lockout?

We all know by now about Hamilton County's stadium fund problem. I'm not even going to link to an article; anyone who cares is familiar with the issue. I'd love to write a post demanding that Leslie Ghiz, Chris Monzel, and Jim Tarbell offer their stadium fund solutions, but it'd be a waste of time: the current commission is going to have to find a fix before the November election. (Of course, should any of the candidates criticize the solution the commission adopts, that candidate should be prepared to offer his or her own specific alternative.)

I've been thinking that there ought to be a way for the county to use the possibility of a lockout in 2011 to its advantage. My first thought was that a lockout could mean low revenues for the Brown family, so maybe there'd be a way to defer some HamCo payments until 2011. But it turns out that the teams will make a killing on TV revenue regardless of whether games are played. So that's not the answer.

But here's another thought: if the owners lock the players out--that is, if the NFL decides not to have games (and it's not the result of a strike, but instead unilateral owner action)--would the county have an argument that the Bengals were in breach of the stadium lease? If that argument exists, then perhaps the county could agree to waive the right to declare a breach in 2011 in exchange for more meaningful concessions from the Bengals now.

I haven't read the lease (I can't find a copy online), so I'm not sure if this is viable. And since all of the commissioners are lawyers, and they have some really good lawyers working for them in the civil division of the prosecutor's office (in addition to outside counsel), I'm not sure anyone needs my input; it's just a random thought on a dreary Friday afternoon.

My Snow Prediction

Less than an inch in the city. More north.

What do you think?

Thursday, February 04, 2010

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 dBoldecide 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.

Wednesday, February 03, 2010

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.

Tuesday, February 02, 2010

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.

Monday, February 01, 2010

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.

Sunday, January 31, 2010

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.

Saturday, January 30, 2010

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.

Thursday, January 28, 2010

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.

Tuesday, January 26, 2010

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.

Monday, January 25, 2010

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.

Sunday, January 24, 2010

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.

Friday, January 22, 2010

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.

Wednesday, January 20, 2010

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.

Tuesday, January 19, 2010

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.

Monday, January 18, 2010

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.

Friday, January 15, 2010

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!

Thursday, January 14, 2010

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.

Wednesday, January 13, 2010

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.

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!