Friday, August 27, 2010

Conservative Poll Has Chabot-Driehaus Even

The Enqurier's Carl Weiser reported on the Politics Extra blog yesterday that in a Conservative Group's poll Chabot was leading Driehaus 47% to 45% with a +/- margin of error of 4.9%, making the race a dead heat.  This is something of a surprise.  Conservative polls are almost always going to lean towards the conservative candidate, usually based on the structure of the questions or the population based used for the sample.  A dead heat here goes against the conventional wisdom of this race, which in national press outlets was giving Chabot a big advantage.  This poll would sound to me on the surface to be good news for Driehaus, but there is a long way until November, and the economic news will drive this race.
 
This poll isn't a fair indication of much, but some of the internals are very interesting about people in the 1st district:
68% of those polled were age 50 or older.
45% of those polled make $75K or less per year.
71% of those polled are white.
50% are Male and 50% Female
51% are "Pro-Life" and 40% are "Pro-Choice"  (I thought this would be a much wider gap)
 
Steve Driehaus won:
17% of Conservatives
61% of Moderates
83% of Liberals

Is the Theft Related to the Lawsuit?

A tenant, Ramdake Lewis, of the Metropole is accused of stealing documents from a company in charge of the Metropole transition. There are many questions on what this all means, but I've get several initial inquiries that raise this incident up a bit. What are the documents and how do they relate to any of the lawsuits or complaints made on the Metropole renovation? Could any of these documents be evidence in the lawsuit filed against HUD and 3CDC? Could the motive for the alleged crime be that the man in question was looking for information he could give to attorneys in this case? Is this what some would call spying?

Was Mr. Lewis spying on the Model Group/Brickstone? Spying is a big word, but was the guy snooping around? Did he "steal" the documents as he is accused? If he did this, was he acting alone? Was he advised by anyone to obtain this information? The facts of the case are not known, but if this goes to trial, more details will emerge.

Thursday, August 26, 2010

Give the Daily Show an Emmy For This NOW!!!

Jon Stewart is brilliant and this looks easy, but it is so well done, I almost peed. Yes, me, crusty blogger, Brian Griffin, almost peed my pants in laughter. The Daily Show summed up the fundamental problem with FOX News in a 9 minute gut busting segment. Watch and enjoy:
The Daily Show With Jon StewartMon - Thurs 11p / 10c
The Parent Company Trap
www.thedailyshow.com
Daily Show Full EpisodesPolitical HumorTea Party
I learn towards Team Stupid, but Team Evil makes really good points.

Via: Liberalfix.com.

UPDATE: The above embedded video seems to be updating with newer episodes. To see the clip I referended, check out the full show from Monday August 23rd.

Is Smitherman a Political Whore?

Who won't Chris Smitherman, local NAACP chapter president , suck up to? He's reportedly going to have a big public meet and great with the local Tea Party. Who is next on his list? Chris Monzel? Phil Burress? Westwood Concern? I'll keep my eyes peeled for a Smitherman press release that calls for the repeal/amendment of the 14th Amendment in support of a "Birther" issue. Smitherman's been in bed with COAST for a while, and his screed against Cincinnati Public Schools seems to be a left flank attack that does nothing but hurts students and provides Chris Finney a way to demagogue public schools without lifting a finger.

It wouldn't be, I don't know, normal of Smitherman to be working with people like the Mayor of Cincinnati or...I don't know...the President of the United States instead? These men are, oh, I don't know, elected officals who happen to be....black? This fact seems to be lost on Smitherman. Has the NAACP become colorblind or has Smitherman become blind of everything but his own ambition?

Wednesday, August 25, 2010

CEAs and Acclaims Combine

Rick Pender reports that CityBeat's Cincinnati Entertainment Awards for Theater will join forces with the Enquirer sponsored Acclaim Awards. The Acclaims will go forward with Pender and Jackie Demaline serving on the organization's Executive Committee. This year's CEAs will be the last. Next May's Acclaims will be changed to include public voting awards. More details on the merger likely will come out over time, but hopefully the Acclaims process will be updated overall.

I'm disappointed that we can't sustain both awards programs, but the decline in support for arts in the local (and national) media I believe has forced this move. The biggest theatre production that lose out will be the Cincinnati Fringe Festival, which this past year did not get any acclaim awards, so stand to not get any nominations next year. The Enquirer gave limited coverage of the event and it wasn't clear how many Acclaim representatives were at the festival in an official capacity. Hopefully, that can be remedied inside the organization. Having an alternative category is critical to preserving part of the CEA's superior structure.

I am going to be sure to head to this Sunday's last CEA event at the Know Theatre. I hope all Cincinnati Theatre fans come out and say farewell to this awards program which has provided strong support for local theatre.

Monday, August 23, 2010

Fun Campaign Event

As a criminal defense attorney, I get invited to judicial campaign events all the time. They're pretty standard fare: pay $150 for entrance to some restaurant or bar, have a couple beers, and eventually listen to a judge or judicial candidate say a few words thanking everyone in attendance.

Judge Nadine Allen, running to retain her seat on the Hamilton County Court of Common Pleas, does things a little bit differently.

On Sunday, August 29, beginning at 4:00 at the Evendale Amphitheater, her campaign will throw a concert. Those scheduled to perform include Eliot Sloan of the Blessid Union of Souls. Bootsy Collins will make a special appearance, and the judge herself will take the stage with the Supreme Courtettes. (Judge Allen and the Courtettes won the Cincinnati Bar Association's "Idol" competition late last year.)

Admission is twenty bucks and includes food and beverages.

MPMF it ain't. but it'll probably be the most interesting campaign event I've been to in a really long time.

Legal Question of the Day

This story raises the following important question:

What are the feds going to do with all that Jamaican gold?

And a tip: if you're going to ship pot through CVG, don't use a really cheesy-looking tombstone to do so.

Clifton Ave or Vine St? Which Shall It Be?

Cincinnati Officials face a tough choice on where to put the Northern leg of the Streetcar: up West Clifton Avenue or Vine Street. I don't envy City Manager Milton Dohoney on this decision. I see merits on both plans. I think the key factor must be expansion. If either of these plans would make expansion of the Streetcar further North cheaper or more efficient, then that should be a big consideration. I am slightly less concerned about who is more ready for development now. If there was a way to serve both Clifton Heights and Corryville, that would be the ideal.

Saturday, August 21, 2010

Metropole Lawsuit: Not So Fast, 3CDC

As the Enquirer reported earlier this week, the Metropole Tenants Association filed a lawsuit in federal court seeking to halt the efforts of 3CDC and others to turn the Metropole into a luxury hotel. The tenants are now represented by preeminent Cincinnati civil rights attorney Jennifer Kinsley, as well as Terence Brennan (formerly Lead Organizer with the AMOS Project). And they've filed a lawsuit that is compelling. I thought many of our readers would be interested in an explanation of the allegations in the lawsuit, and why it could be a major impediment to 3CDC's plans for the Metropole.

Last November, I expressed skepticism that the tenants had a viable legal claim. Back then, according to published reports, the tenants (then represented by Legal Aid) seemed to be arguing only that 3CDC was engaging in race (and perhaps disability) discrimination. At the time, I wrote:
Ultimately, the question comes down to this: once a landlord accepts federal housing money, does that act as some sort of covenant that runs forever against the building, regardless of ownership? Certainly, that cannot be the case. Property owners must be free, assuming they follow the law, to opt out of Section 8.

I've reviewed the tenants' 50-page complaint, and there's more to the story than simply a landlord accepting rent subsidies. According to the complaint, back in 1988, the owner of the Metropole--609 Walnut Ltd. (which, in turn, is owned by Showe Builders Inc.)--executed a mortgage with the Department of Housing and Urban Development. A HUD mortgage--in this context--is a federally-insured loan that gives the building owner an extremely low (1%) interest rate in exchange for using the building subject to the mortgage for multi-unit, low-income housing.

While the lawsuit doesn't go into the history of Showe's acquisition of the Metropole, this decision from the Sixth Circuit does. Showe bought the property back in the late '80's when the previous owner, Mid-Towne Associates, was in bankruptcy. Showe paid $675,000 and assumed a $2.9 million HUD mortgage. I'm guessing that was quite a deal: according to the Auditor, Azeotropic (a creation of 3CDC) bought the building for $6.25 million last year.

When Showe took over the mortgage, it signed a "regulatory agreement" with HUD. According to the complaint, one of the provisions of this agreement was that Showe could not, without the prior approval of HUD, prepay the mortgage. Prepayment is a big deal. As long as the mortgage exists, the property must be used for low-income housing. If the note is paid off, though, the building owner is subject only to the ordinary requirements of Section 8, which means that the owner can cancel its participation in the federal rent subsidy program one year after giving notice to its tenants.

Congress hasn't given HUD unfettered discretion in deciding whether to approve prepayment of a mortgage. Instead, when a HUD mortgage prepayment is subject to HUD approval (not all HUD mortgages require such approval), acceptance of an offer to prepay may only be given where the HUD Secretary decided that the building no longer meets a need for rental housing for lower income families in the area; the Secretary agrees that the tenants have been notified of the request for approval of prepayment; and the Secretary ensures that a plan exists to provide relocation assistance to displaced tenants.

Back to the lawsuit: the tenants say that HUD didn't do its due diligence before approving the mortgage prepayment, and have challenged the decision under the Administrative Procedures Act. (In some respects, this case is analogous to those where an environmental group challenges an EPA decision permitting the construction of an allegedly polluting factory.) It's hard to see how one could conclude that the Metropole doesn't meet a need for rental housing for lower income families in the area. In fact, with the closure of the Metropole, no low-income housing will exist in the central business district. (And the only other low-income housing downtown I can think of is Page Tower--and that may technically be in the West End, since it's on the west side of Central.)

I'm no expert in HUD mortgage regulations. But on its face, the lawsuit raises serious, non-frivolous claims that will not go away quickly. Stay tuned, folks: this promises to be an interesting legal battle.

T.O. vs. OchoNoShow

For the last few years, at the beginning of every season, Bengals fans wonder which wide receiver will take the field this year: Chad Johnson, or OchoNoShow. If the preseason is any indication (and I agree, you've got to take the preseason with a huge grain of salt), it looks like the latter will be wearing number 85 this year.

OchoNoShow may have the best hands of any wide receiver in the game. At least, that is, as long as no one is touching him. As a wide receiver gets older, he gets a bit slower. (Especially one like OchoNoShow, who by all accounts hasn't changed his diet or his workout routine to account for the fact that he's no longer 22.) So they have to run crisper routes and be better at catching the ball in traffic.

I went to last night's Bengals game. OchoNoShow's two most notable plays were two interceptions. The first was on a play that looked like Ocho ran the wrong route--or just failed to "come back to the ball." Palmer looked upset at the time; after the game, he took the blame (probably to avoid some inevitable OchoNoShow pouting).

The second interception was a ball thrown to Ocho over the middle, and Chad got hit. Hard. Replays showed that the ball had actually bounced away from him before he took the hit. (That hit, by the way, should have been penalized, as the defender launched himself at a defenseless Ocho. Look for a fine on that one.) And what did OchoNoShow do? Whine about the hit on Twitter from the bench:
Man Im sick of getting hit like that , its the damn preseason shit! 1day I'm gone jump up and start throwing hay makers , #Tylenolplease

Do the math on the time stamp. Yup, that was during last night's game. (Look for another fine next week.)

T.O. is a different story. From the first three games, it's clear he knows where he's going to make his living: over the middle. He hasn't whined about getting hit. And he's caught most of what's been thrown at him. He had a great, down-the-field catch late in the first half. But that was only after he'd run several short routes. He set up the deep route.

I think NFL fans will finally learn the difference between T.O. and OchoNoShow this season. T.O. can hang onto a ball in traffic. Ocho can't. Or at least, he won't.

Friday, August 20, 2010

Nice Letter From Terrell Owens To Bengals Fans

New Cincinnati Bengal wide receiver Terrell Owens has written a very positive letter to Bengals fans. Yeah, it sounds like something a good PR person would write for him, but even so, I'm glad to see a professional athlete making a point to reach out to fans. Let's hope this attitude remains through the season, no matter how many wins the Bengals have.

Thursday, August 19, 2010

Who Will Be The Next Hamilton County Coroner?

Current Hamilton County Coroner Odell Owens is leaving his position to become the President of Cincinnati State. The HCDP will get to pick his replacement to finish his term, who gets it?

I really have no idea. This job requires a license to practice medicine, so the candidates are not as plentiful. It likely would be a pay cut for many doctors, so that may rule many out.

Wednesday, August 18, 2010

We're Number 1!

Unfortunately, the category is bedbugs.

Great Day for OTR: Welcome SCPA Students and Teachers!

The waiting is over for students and parents alike, the new SCPA opens for the school year today. I hope this school provides a great education to every student that enters its doors. I also hope the school can bring OTR, teachers, and parents together to make the school and everything around it better. The arts are the cultural core of society, and institutions like SCPA are critical to enriching that culture and giving it value.

Tuesday, August 17, 2010

Friday Night

There's lots to do this coming Friday night.

If you're hip enough, you can head up to Northside for the Greenhornes concert at the Comet. I'm not sure if this is properly termed a reunion or a revival, but lots of people are excited that the group is releasing a new album and playing again.

Then there's Fountain Square, where you can hear Bad Veins and the Harlequins. If the weather stays reasonably nice, anybody into Cincinnati's indie music scene who can't get into the Comet will be on the Square.

If indie music isn't your thing, then the Bengals play their final home pre-season game at 8:00. This is their third game, so there's a good chance the first team plays most of the first half. And it could be interesting to see exactly how bad a McNabb-less Eagles team is.

The Details On How Lakota Schools Will Worsen

The ramifications of the failure to pass a school tax levy in the West Chester area Lakota School District were outlined yesterday.

Gone are music, art, and physical education teachers in elementary schools.

Why would they not cut all high schools ports, instead of cutting the junior school programs? Why also would any parent pay any fee for their kid to play a sport, and not agree to a modest increase in their property taxes? This is an example of one of the problems with modern America. The heightened value placed on team sports and the devaluation of public schools is a sign that willful ignorance is manifesting itself as a lifestyle choice, not just a political philosophy.

I don't know if this levy will fail causing the beloved exurbanite paradise of West Chester will lose. We do know what will be cut if it does fail. Let's hope that West Chester voters will support public education again. If they want to cut the fat of their school, team sports would be the place to start.

Monday, August 16, 2010

Classism in McMansionville

The fight for maintaining your property values doesn't shield these Miami Township home owners when they fight to keep less expensive homes out of their subdivision. The situation has a group of home owners with houses the cost at least $300,000 fighting a developer from taking over an unfinished subdivision and completing it with $100,000 homes.

Keeping out middle and working class people is the goal. They can claim it is about property values, but that's not what it is about, it is about class, specifically keeping the lower classes out. I use "class" here to mean money/wealth, but part of what people with $300,000 homes mean is lower social status. To most people "class" refers to both the socio and economic distinction a person has, but in this case the prejudice is blatant and more importantly intentional. What these homeowners are telling us is that anyone who can't afford the $300,000 home has something wrong with them, and will degrade their lifestyle if they live near by. Segregation isn't going to make anyone stronger.

Look to OTR. We have Section 8 apartments a block from $250,000 condos next to $100,000 condos, all a block from market rate apartments. Go another block and you can find even more expensive condos. Except for the "activists" who are against any development anywhere, you are not going to find people complaining about mixing classes. You'll find more people seeing strength in this mix.

Let the lots go empty in Miami Township. Let the $300,000 homes lose value without adding more sprawl to the area. They may lose value slower, but less sprawl helps society more. Build more $100,000 homes in OTR or the West End or Pendleton. We'll be happy to have them in our neighborhood. We have neighborhoods, by the way, not subdivisions.

Saturday, August 14, 2010

Random MPMF Thought of the Weekend

I can't stop giggling at the thought of a group called Holy F*ck playing at my office building during this year's Midpoint Music Festival. (It's just not quite what you expect of the building that previously hosted the law office of William Howard Taft.)

And while I'm on the topic, I'm confused: is there a difference between a "three day pass" and a "three day wristband," or are they the same thing?

Wednesday, August 11, 2010

Pat Clifford Fired From Drop Inn Center

The Enquirer is reporting that Drop Inn Center Executive Director Pat Clifford has been fired by the board of the organization. Clifford told the Enquirer he has no idea why he was dismissed.

I will speculate that the DIC board may have determined that a new direction must be taken and that Clifford was an obstacle to change. This I would surmise is connected to the offer 3CDC gave the DIC to help it relocate. Clifford in my view was against the move, and fell in the lot of other 'activists' who are bent on using the homeless, mentally insane, and drug addicted as a political tool.

I honestly hope the board of the DIC can find a new director who can help the homeless inside it's doors, but also help the whole community deal with the problems it attracts outside its doors.

The Greenhornes Return: August 20th at the Comet

Local music heavy weights, The Greehornes, are reuniting while The Raconteurs are on hiatus and launch a tour at the Comet on August 20th leading up to a new album to be released in October.  Their FB page seems to be the place for the most up to date information, as their website appears to be under construction.

They would make a great guess for the MidPoint Secret Show at this point.  I have zero inside information, but their tour schedule has a big gap that leaves plenty of time for some MidPoint love.  Let the rumors fly!