Cincinnati Black Blog

Occupy WS2: Cincinnati Radicals Call For Socialism

2011-12-03T16:22:00.002-05:00

Uh, The Cincinnati Black Blog has been calling for Occupy Cincinnati to localized the Occupy Wall Street movement. They've chosen, instead, to go off the charts!!!!! Read the extreme proposal outlined in the article by Bob Parks (link.)

Bob started off by proving a strategy that he suggests could work in Cincinnati. Is he right? Probably not, but we can't even justify addressing the strategy issue since the goals outlined in the article are so radical and shocking!

Bob thinks the Occupiers are engaged in class warfare and the 99% should join them in fighting for the following:
1. A 5% asset tax on all personal property in excess of $10 million.
2. A graduated personal income tax going to a marginal rate of 95% when the hedge funders break $100 million a year.
3. A freeze in wages exceeding the living wage for 2 years but with guaranteed full employment, union rights, universal publicly funded healthcare, and NO MORE FORECLOSURES.
4. A securities transaction tax.

Not only do Bob's ideas have little to do with a local movement, since everything on the list would require Congressional action, its simply contrary to American ideals.

The 99% want the 1% to pay their fair share. People are not going to support taxing anyone, including hedge funders, at a 95% rate. There's no moral justification for this.

And people aren't going to support Bob's idea of freezing wages beyond the living wage even if the country gets full employment and the other things he mentioned in return. (I am curious to know how Bob justifies ending foreclosures but not tenant evictions. And if the government ends foreclosures, why not provide universal housing, in a house not an apartment?)

The Cincinnati Black Blog graciously bestows the following rating on Bob Parks' proposal: FAILS!

Isn't there somebody...ANYbody...who can get Occupy Cincinnati to quit fooling around and get to work!!! They've been sidetracked and unfocused; pulled into a fight with the city over the 1st Amendment and the use of a public space; caught issuing a silly set of guiding principles that have very little, if anything, to do with the struggle in Cincinnati; engaged in a power struggle with the unions; and disengaged from the Black community. The people are counting on Occupy Cincinnati to win. Get your act together!!!

Believe!

9 DEMANDS OF THE 99%

2011-12-03T09:03:00.176-05:00

No movement lasts forever, so its important to make change when you can. If Occupy Wall Street succeeds, our nations financial and political systems will be changed forever. If Occupy Cincinnati succeeds, the city will be better. But, what do the Cincinnati Occupiers want?

According to Working America -- a coalition of labor organizations and progressive groups -- the 99% have 8 national demand and they're looking for a 9th one. The 9 Demands of the 99% is Working America's 9-9-9 plan.

Here's what Working America says we want:

1. Tax Wall Street for gambling with our money.
2. Support education.
3. Keep working families in their homes.
4. End too big to fail.
5. Fair share of taxes from the 1%.
6. Businesses should invest in jobs.
7. Extend unemployment insurance.
8. End corporate control of our democracy.

How does this translate locally? What, if anything, are the local representatives of Working America demanding?

Here at The Cincinnati Black Blog we've been gently encouraging our Occupy Cincinnati comrades to get the act together! We believe they must eventually come up with a list of problems caused by economic inequality (some might call them grievances) backed up by research, a sensible list of suggested changes (some might call them demands), and a strategy to get their suggested changes accomplished.

Some of the items on Working America's list of demands could be localized. For example, they demand an end to the Bush tax cuts for the 1%. They demand that corporate tax loopholes be closed. In Cincinnati, there are special corporate tax loopholes for the the 1% that result in a loss of millions of tax dollars. Our research suggests one of the biggest tax loopholes was instituted under former Mayor Roxanne Qualls, who is now chair of Cincinnati City Council's Finance Committee. (The corporate media is now pushing to have Qualls returned to the mayor's office.) The corporate media tells you the city gets 2.1 percent of the salaries of EVERYONE who lives or works in the city. Well, you, our faithful readers know there's a special corporate ram loophole for the 1% that allows them to rake in millions of dollars from stock options and the city gets no money from that part of the rich corporate executives' salary. The corporate media also claims the city gets a tax from a portion of corporation' s earnings. Well, this also isn't necessarily try. The city has waived this income for dozens of corporations.

Yesterday, Cincinnati City Manager Milton Dohoney presented his proposed budget to Mayor Mark Mallory, Qualls, and the other members of City Council. The Greater Cincinnati Chamber of Commerce and other representatives of Big Business and Corporate America have been meeting with Dohoney, Mallory, Qualls and others to make sure the tax loopholes stay in place and the rich aren't requires to pay their pair share. They have no problem aggressively advocating for their position. And they don't do it in 2 minute speeches as public hearings -- the way the politicians tell working Americans and average citizens is the way to have a say on the budget. What is Occupy Cincinnati's take on the budget? With so many smart people involved in Occupy Cincinnati why haven't they presented their own budget? We admit that we haven't had time to review the budget in detail, but we know it won't go far enough to address the city's pension problem; eliminate the threat of closing health centers, pools, and other quality of live things enjoyed by the 99%. So, where are Cincinnati's AFSCME locals, the AFL-CIO, and the local version of Working America? What's their plan? A report from the corporate media today states, "City residents might see rate increases from both Greater Cincinnati Water Works and the Metropolitan Sewer District...." How is it possible that at this time in history, there is a discussion of raising rates (taxes) on the 99%, closing swimming pools for poor families (the 1% don't care if public pools close because they have other options), slashing the city's Health Department budget, and doing nothing to protect city employees and retirees, or keep the city's promises to fund the pension/retirement system at a full rate?

The Cincinnati Black Blog strongly encourages Occupy Cincinnati to join forces with the Cincinnati Working America coalition and use this window of opportunity to help put the city on the right track.

Cincinnati Beacon's Justin Jeffre: SEIU doesn’t speak for me and I haven’t seen them at the occupations!

2011-11-28T06:28:00.002-05:00

The Cincinnati Beacon - SEIU doesn’t speak for me and I haven’t seen them at the occupations! - Cincinnati blog, Cincinnati news, Cincinnati politics

Amazing!

The other day, The Cincinnati Black Blog reported on Occupy Cincinnati's Statement of Principles. You might remember the group claimed to be open and desirous of working in solidarity with a coalition of individuals and organizations. We told you that Occupy groups all over the country had disrespected prominent Blacks and whites associated with organized labor organizations. The linked story from The Cincinnati Beacon serves as more proof that the Occupiers aren't practicing what they preach.

The people of Cincinnati deserve better!!! People are hurting. They need the Occupy movement to succeed. Justin Jeffre should be ashamed of himself for attacking SEIU -- one of the most active, assertive, and successful labor organizations in the world -- and trying to distance them from Occupy Cincinnati.

Here at The Cincinnati Black Blog, we don't like to question people's motives, but in this case we have to ask why Jeffre is acting so foolishly. It makes no sense to push an organization away that has resources, people, a good focus, and a proven record of accomplishment. That is, it makes no sense if you are really trying to bring about change. We wonder: Whose Side Is Justin Jeffre On?

Rev. Al Sharpton

2011-11-28T05:56:00.001-05:00

Watch "Blueberry Pie" on YouTube

Blacks See No Reason To Join Divisive, Paternalistic, Amorphous White Occupiers

2011-11-27T08:32:00.003-05:00

Why blacks aren't embracing Occupy Wall Street - The Washington Post
Today, The Cincinnati Black Blog brings a Cincinnati focus to the linked Washington Post opinion piece by Stacey Patton.

Occupy Wall Street might seem like a movement that would resonant with back Americans. After all, unemployment among African Americans is at 15 percent, vs. almost 8 percent for whites. And between 2005 and 2009, black households lost just over half of their median net worth compared with white families, who lost 16 percent, according to the Pew Research Center.

However, these numbers have not translated into action. A few prominent African Americans, such as Cornel West, Russell Simmons, Kanye West and Rep. John Lewis (D-Ga.), have made appearances at Occupy protests. "Occupy the Hood," a recent offshoot, has tried to get more people of color involved. But the main movement remains overwhelmingly white: A Fast Company survey last month found that African Americans, who are 12.6 percent of the U.S. population, make up only 1.6 percent of Occupy Wall Street.

African Americans share white Americans' anger about corporate greed and corruption, and blacks have a rich history of ,,protesting injustice in (the) United States. So why aren't they Occupying?

A few points.

1. The Cincinnati Black Blog has criticized Occupy Cincinnati many times and for many reasons. One of our criticisms is that, after two months, the Cincinnati Occupiers still haven't provided facts needed to support the movement's argument for change. More than that, they have yet to define the problem with the current system or tell us why we need change. There is no excuse for this. Among the ranks of the Cincinnati Occupiers are college professors, social workers, and goverment bureaucrats with access to information. What's the unemployment rate in Cincinnati? What's the breakdown for whites? For Blacks? Did Black households in Cincinnati lose over half their median net worth between 2005 and 2009? What's the number? What's the number for whites? Everybody knows that the first step in problem solving is defining the problem. By now, there should be a clear picture of what's happening to the people of Cincinnati. These facts lay the groundwork for the movement. Without them, people are just hanging out in a park yelling to themselves.

2. Ms. Patton writes: "...if the Occupy movement does not grow in solidarity with other constituencies of exploited and oppressed people ... the powerful undertone of race and class in America will keep both blacks and whites from being free."

You may not follow the day-to-day happenings surrounding the movement and might therefore assume that the Occupy movement -- which is mostly composed of white people not associated with a labor organizion -- had reached out to activists in the Black community, labor organizations, and other natural allies. They haven't. To the contrary, white Occupiers across the country and in Ohio have done their best to insult prominent Blacks and Black leaders. Ms. Patton mentions that Congressman John Lewis, Kanye West and others have made appearances at Occupy protests. What she doesn't mention is they were disrespected and shunned! It's not just Blacks either. The Occupiers have waged war against organized labor leaders. In Cincinnati, the Occupiers have alienated a group that defeated Senate Bill 5 and showed they know how to stand up to an attack by powerful forces and win.

3. Ms. Patton writes: "Black America's fight for income equality is not on Wall Street, but is a matter of day-to-day survival. The more pressing battles are against tenant eviction, police brutality and street crime. This group doesn't see a reason to join the amorphous Occupiers." We can't agree with the idea that Blacks have no fight on Wall Street (or 4th Street in Cincinnati) or that Blacks are so overwhelmed with day-to-day survival that we can't stand against corporate greed and income inequality. Black people have bank accounts, pay taxes, and are affected by corporate America's actions. That said, yesterday, The Cincinnati Black Blog was the only media outlet to report on Occupy Cincinnati's Statement of Principles -- Peace, Love, Equality, Justice and Solidarity -- and how, based on these fuzzy principles, Occupy Cincinnati has chosen as its local mission ending war, reversing globalization, restoring communities and ecosystems, and reconstructing government. How can anyone seriously expect people to Occupy when the Occupiers are issuing silly statements like the one by Occupy Cincinnati.

What if Occupy Cincinnati isn't serious about making change. What if a few people are using the movement to gain attention? What if the people associated with Occupy Cincinnati are just too stupid to know how to capitalize on this moment in history to make concrete changes that benefit the people. Whatever the truth, we understand why Blacks haven't joined the divisive, amorphous, disrespectful white Occupiers in Cincinnati.

Five Principles Of Occupy Cincinnati

2011-11-26T07:52:00.006-05:00

Five Principles - Occupy Cincinnati
The Cincinnati Black Blog supports the ideas behind the Occupy movement. We have a right, and a responsibility, to criticize stupidity within the movement when we see it.

Some goofball, calling himself Jim Press, purporting to speak for Occupy Cincinnati (and the Occupy Revolution as he called it), published the linked article in Daily Kos. The Statement of Principles -- most of which have absolutely nothing to do with economic inequality or corporate influence over our world and governmental institutions -- serves as a good example of why people don't get involved in movements when they seem to be dominated by white liberals. Too many white liberals aren't serious about making concrete changes, they are interested in engaging in happy talk about a world full of butterflies and singing birds. They don't want to change the system to limit corporate influence in goverment, elections, and society, and make the rich (and corporations) pay their fair share; they want revolution. They want to destroy the system!

To ignore the many powerful corporate influences in Cincinnati, which Occupy Cincinnati could impact if they were serious, and focus on things mentioned in the 5 principles, is amazingly ignorant -- unless there is a different mission.

Ask yourself, is Occupy Cincinnati bringing attention to Big Business' influence over local elections? Are they advocating a change in the political system, one that limits the influence of the rich?

Are they challenging the policies of Cincinnati's biggest bank? Did they promote moving money from 5/3 to a credit union? Have they exposed the bank's expensive check fee policy and pressured the bank to change it? How about the ATM and debit card fees charged by 5/3. Why is it that the Occupy movement all over the country is focused on certain things and moving, to some degree, in a coordinated manner, so as to have a greater impact, but the Occupy Cincinnati folks aren't cooperating?

Cincinnati has the ugly distinction of being the only major city in Ohio that doesn't levy a local income tax on corporate stock options. Why isn't Occupy Cincinnati working with their natural allies in the labor movement and in the Black community to end this practice and make the rich pay their fair share?

Question -If Nero fiddled while Rome burned, what is Occupy Cincinnati doing while The People suffer?
Answer - Read the linked article.

Cops Pepper Spray Peaceful College Kids At Occupy Protest

2011-11-20T08:25:00.044-05:00

Watch "Raw Video: Cops Pepper Spray Passive Protesters" on YouTube
Here's the Associated Press' description of the video.

"Video of a tense standoff between police and Occupy demonstrators of the University of California, Davis shows an officer using pepper spray on a group of protesters who appear to be sitting passively on the ground with their arms interlocked."

A lot has changed since Bull Corner siced dogs and sprayed water cannons on Rev. Dr. Martin Luther King, Jr., Rev. Fred Shuttlesworth, and non-violent protesters in Birmingham. Still, history teaches the American people will never tolerate this sort of violent activity by government officers against citizens exercising their right to speak, assemble, and protest. The 99% are more powerful than the 1%. In the end, we will win. Believe!

New Reader Is Puzzled

2011-11-19T18:26:00.045-05:00

Here at The Cincinnati Black Blog we receive quite a few emails and comments from people asking us to clarify our position on various issue. They usually aren't nearly as nice as the email posted below. We are happy to interact with you, our faithful readers. And we do not shy away from explaining our positions. If time permits, we will respond to the email by the end of the weekend.

Do you have questions for The Cincinnati Black Blog? Have information for us? Would you like to be one of our sources or researchers? If so, feel free to submit information through the comments section or email me directly at natelivingston@yahoo.com. I've got a spam filter on the comments and the email, but I check the spam regularly.

From: Gerry Hoeper
To: NateLivingston@yahoo.com
Subject: I'm puzzled?
Sent: Sat, Nov 19, 2011 3:11:34 PM

Mr. Livingston,

I have read some of your posts recently going back to 2006 and I’m not sure what you agenda is. You want to get rid of affirmative action, so no one has an advantage. I personally view this as a positive. You want school funding to be equitable, so the property owners are not the only people supporting the schools. Again I agree on this issue.

Where the conflict arises and the confusion is that you wrote an article about the lawsuit of Laure Quinlivan. You say she was discriminated by her employer and that if they will do it to one of their own then they will do it to a minority. This statement is hostile as a minimum. A court brief is only one claimed side of a story. You did nothing but use conjecture and speculation as if it is fact.

Ohio is an “At Will” state. I can terminate or be terminated at any time any employee for cause or not. Who cares about the motivation. If this woman is the great reporter she claims then jobs must have been abundant, else she may not be what she claims.

Why should this woman receive any special treatment, conflicts with an end to affirmative action? Why are you worried about sales taxes to pay for education? This is fair, if an item is purchased in the state then you support education. Poor people and rich people have children in the school system. You mean the rich should only pay for education? So the poor get an advantage? This conflicts with your view to end affirmative action also.

What I would like to see is a consistent record/position.

Personally I am against the government taking anything and giving to a group of any sorts, And that includes welfare, section 8, Medicaid, free school lunches, etc. I started with nothing and have moved ahead, by hard work and not handouts. This should be the agenda. I also give back to the community, by voluntary donations, items and time. This is the proper approach.

Write to your hearts content. Dialogue is always a good thing. As my subject line states, I’m puzzled by what appears to be a inconsistenct statements/contradiction.

Have a good year and happy holidays.

Gerry Hoeper

Gingrich, Bortz, Smitherman: Self-Dealing In Plain Sight

2011-11-19T09:46:00.182-05:00

What do presidential candidate and former Speaker of the House of Representatives Newt Gingrich, recently defeated Cincinnati City Councilmember Chris Bortz, and Christopher Smitherman have in common? Besides the fact that they are all Republicans (yes, Bortz and Smitherman are Republicans, they just won't come out of the closet), they've all tried to use their public positions to enrich themselves and/or their family members.

Mainstream, alternative, and independent white media outlets have taken Gingrich and Bortz to task for their ethical (and sometimes legally questionable) lapses. For examples, watch this story from MSNBC's Rachel Maddow titled "Getting To The Root Of Newt's Loot!" and read this story from CityBeat's Kevin Borne titled "Losing 10,000 Voters Is Nothing to Shrug Off," that discusses the Ohio Ethics Commission advisory opinion indicating Bortz shouldn't participate in discussions or make decisions on the streetcar project, in part, because Bortz's family business stood to gain from the project. The media hasn't focused on Smitherman.

Here at The Cincinnati Black Blog we realize that we are constantly attracting new readers who may not be familiar with our exclusive reports on Smitherman and his brother, Albert Smitherman, owner of Jostin Concrete. Our faithful readers know all about the Smitherman family's work on the streetcar. It was wrong for Bortz to participate in streetcar discussions or votes and it would be wrong for Smitherman to do so.

Some of you are still mad at us for writing about Smitherman. You think we should look the other way, or even worse, join with certain other Black media outlets and make excuses for Smitherman. We disagree. Since its inception in 2004, The Cincinnati Black Blog has served many roles, one of which is the moral conscious of the community. We didn't choose this role for ourselves, the community bestowed it on us. Regardless of how it came about, we take our responsibility seriously. So, you'll have to stay angry at us, because we intend to keep reporting on unethical and illegal activities taken by public figures in Cincinnati, and we intend to do so even when the out-of-order person is Black. As a matter of fact, it might not be fair, but we expect more from Black people and we hold them to a higher standard. White people have a way of straightening out their public figures or getting rid of them. They threw Newt out of Washington and will throw him off the national stage if this self-serving in plain sight is as bad as it seems. The voters just threw Bortz off Council.

Smitherman should voluntarily abstain from participating in discussions or votes on any project where Jostin is involved. If he doesn't take this step voluntarily, we will reach out to our concerned partners and find someone to complain to the Ethics Commission. If all else fails, our founder and publisher will stop Smitherman by any means necessary.

It occurs to us that Smitherman may actually benefit from our involvement. Here's why. He has promised the white community in general and the Coalition Opposed to Additional Spending and Taxation (COAST) specifically that he will fight against the streetcar. Now, he can't really do anything to stop it or even slow it down. Could he get some publicity by railing against the streetcar every step of the way from inside City Hall? Sure. But, having served a term on Council where he didn't get a single piece of meaningful legislation passed, Smitherman has got to want this term to be different. He may be in the minority with Charlie Winburn, but he is in the majority when you consider the racial makeup of Council. To get anything accomplished, he will need more friends than Winburn. So, abstaining voluntary, or being forced to abstain, means Christopher can go back to COAST and the white folks on the East and West sides of town and say "I really am opposed to the streetcar, and I would be fighting against it, even if it makes the Democrats on Council mad at me, but I can't because the Ethics Commission has tied my hands." He can let Winburn tilt at windmills. And maybe he can get a few legislative wins under his belt and not be a total failure like he was last time he was on Council. Finally, he might stay out of federal prison.

What's Next For Mayor Mallory?

2011-11-18T04:46:00.003-05:00

Who will succeed Mallory in 2013? | Cincinnati.com | cincinnati.com

The Cincinnati Enquirer doesn't want people thinking about the idea of Mayor Mark Mallory challenging Congressman Steve Chabot. Instead, The Enquirer is already publishing stories about a Mayoral election two years from now and not so cleverly pushing Roxanne Qualls for the job.

From the story: "Ten days after Cincinnatians elected a new City Council, talk is already turning toward who might become the next mayor."

This is a great example of a newspaper trying to push a story and get people thinking and talking about an issue rather than reporting the news. And while The Enquirer tries to turn talk toward the 2013 Mayoral election, they deliberately ignore the Congressional election less than a year from now and the primaries in a few months. The people of greater Cincinnati deserve better.

By comparison, newspapers in northern Ohio have published dozens of stories about the Congressional primary, where March Kaptur will be challenged by Dennis Kucinich in the primary, and Joe "The Plumber" hopes to challenge the winner in the general election. (Sidenote: Where do Republicans come up with these guys to challenge Kaptur? Last time they sent a Nazi sympathizer named Rich Iott after her. She smoked him!)

The Enquirer should be asking Democratic Party leaders who they plan to run for Congress against Chabot. They should be asking the Democratic Congressional Campaign Committee to explain why they don't have a candidate already. And if they do have a candidate in the wings (we hear Mayor Mallory use running), why aren't the DCCC and the candidate raising money, building an organization, and doing the work it'll take to win. And The Enquirer should be asking potential candidates if they are interested in running. (For some reason, The Enquirer has been covering the primary challengers to Congresswoman Jean Schmidt.) The Enquirer went to Qualls and John Cranley and asked them about the Mayoral race. Both of them have run for Congress before. Why wouldn't they ask them if they are interested in challenging Chabot. Why hasn't The Enquirer asked Democratic Party Boss Tim Burke who has shown interest in running? Why haven't they been down to the Board of Elections asking about who took out petitions? They've run stories about Fanon Rucker running for Ohio Supreme Court and Cecil Thomas possibly running for a seat on the Hamilton County Commission. Have the Democrats held interviews to screen potential candidates. If so, why isn't The Enquirer talking about it? If The Enquirer has asked these questions and they have he answers, they should share that information with their readers.

President Barack Obama is a beast when it comes to fundraising. One thing he re-taught in 2008 is Democrats put themselves in a better position to win when they significantly outraise their Republican opponents. Obama is already fundraising hard. Whoever the Democratic candidate is, they'll be competing with Obama for campaign cash. So its stupid to wait until the last minute to get a candidate and get them started, unless the Democrats plan to throw the election.

Chabot can be beat. Because Obama and Senator Sherrod Brown are at the top of the ticket, turnout is going to be high. Let's be real, the Republicans don't have a star on their side. No matter who wins their nomination, they aren't going to energize the party's base and turnout on their side in the city is going to be dwarfed by turnout from the Democrats. A good Democrat, with an articulate message, and demonstrated record of accomplishment, can use the increased turnout and a strong campaign warchest to overwhelm Chabot.

Here at The Cincinnati Black Blog we trust our sources. We believe they were right when they told us President Obama personally asked Mayor Mallory to run against Chabot and Mallory was almost certainly going to do it. We don't like the idea of Black politicians being set up for failure. While we acknowledge that Chabot CAN be beat, it is no guarantee that he WILL be beat. Democrats have a long history of throwing Black candidates under the bus. White mainstream reporters like Jane Prendergast aid in this process by ignoring races when the candidate is Black.

The Cincinnati Black Blog is back!!!

Believe!

Occupy Cincinnati: City Gives Macy's CEO Tax Discount

2011-11-16T17:10:00.088-05:00

Macy's Chairman, CEO Pay Package Down 8 Percent - ABC News
Read

Unless you are a corporate executive, Cincinnati takes 2.1% of your income if you live or work in the city. Macy's is a gigantic corporation with retail stores all over the world. They're headquarted in Cincinnati. (The building is pictured above.) Macy's CEO, Terry J. Lundgren, has his pay structured in a way that allows him to avoid paying taxes on over a million dollars in income every year. (We have provided a link to an article that breaks down Lundgren's salary. Read it and be informed!)

So, here's how it works. You go to work every day. You work hard for your money. You don't make millions like Lundgren. You aren't one of the superpowerful people in town. So the city takes 2.1% of your paycheck - no ifs, ands, buts, or exceptions.

When you can, you shop at Macy's. Many of you, my faithful readers, will shop at Macy's on Black Friday. A portion of every dollar you spend at Macy's goes in Lundgren's pocket. Because he is in the privileged elite class, the city has ordered its tax collectors not to take any money from Lundgren's stock options windfall. You -- the worker and shopper -- don't get the same tax rate as Lundgren. He is filthy rich, so his rate is less than yours. The bottom line is: Lundgren shouldn't get away with paying a lower city tax rate than a clerk at Macy's.

Here at The Cincinnati Black Blog, we have made our position clear. The city's Robin-Hood-in-reverse tax policy of taking from everyone to give tax breaks to the rich is wrong and must be stopped! Our team monitors media sources from all over the region. When we tell you we are the only place to find information about the millions of dollars given away by the city to the wealthiest 1%, you know its the truth. Right now we stand alone. We are used to leading the way. We pledge to stay on message and keep agitating for change.

Believe!

Jesse Jackson Clarifies Occupy Cincinnati Wants

2011-11-16T05:58:00.097-05:00

Jackson rallies Occupy protesters | Cincinnati.com | cincinnati.com

If you know the mainstream media is pushing a storyline that the "Occupy" movement is unfocused, and you find out that Rev. Jesse Jackson is coming to town and wants to lend his support to Occupy Cincinnati, and you know the press will cover Rev. Jackson's speech, why would you have a goofball like Josh Spring, executive director of the Greater Cincinnati Coalition for the Homeless, brief Rev. Jackson? Here's the takeaway line from the Cincinnati Enquirer's story:

"(Rev. Jackson) led the group in chanting about a succession of things they want -- justice, health care, freedom, respect, houses, education, prenatal care, Head Start, day care, discipline, focus, non-violence."

Why not put world peace, free weed, and intergalactic travel on the list!

When you are a local part of a national movement, and you have a national leader come to town to speak, you have to give them a good briefing on the local issues relating to the national issue. Present the national leader with a decent briefing and researched local issues and you won't have them going back to the canned speech.

People can disagree on the major issues being highlighted by the Occupy movement, but no reasonable person can say that they don't involve corporate America and economic inequality. Unless you are dummy who doesn't get it, like Josh, when given the opportunity to brief Rev. Jackson, you have to give him concrete facts, examples, and statistics to show how local corporations are part of the problem. And which locally- headquartered Wall Street traded corporations do you have in Cincinnati? Procter & Gamble, Kroger, Macy's, 5/3 Bancorp, Western & Southern, Chiquita, American Financial, Cintas, E.W. Scripps, and many more. How are they contributing to the problem? How are they not paying their fair share? These are the things you want to get with Rev. Jackson on.

When you are in a public relations fight, you don't give your opponents ammunition. The Enquirer story will probably get picked up by the local and national defenders of the 1% and they'll spend a significant part of the day making fun of Rev. Jackson and Occupy Cincinnati. The story might get placed on the Drudge Report and lampooned on Rush Limbaugh, Sean Hannity, and FOX News. Every day they can spend avoiding the real issues is a day lost.

For your screw up, Josh Spring you are officially named the Cincinnati Black Blog's Idiot of the Day.

(We know Josh Spring did the briefing because he was gloating about it over at The Cincinnati Beacon.)

Fanon Rucker Running For Supreme Court

2011-11-14T18:19:00.094-05:00

Fanon Rucker to run for Supreme Court | CommunityPress.com | cincinnati.com
I can't stand Fanon Rucker because of some mess that happened about 15 years ago. Yeah, that's a long time to carry a grudge. Yeah, I should probably let it go. Yeah, I might even be wrong about what, exactly, Fanon did. (Before he was appointed judge, back when he was running against Joe Deters, another one of my enemies, Fanon approached me and said let's sit down and talk. I declined. Search the archives for more of the back story.)

Anyway, my opposition to Rucker back then was mostly, but not entirely, personal. Part of my opposition seemed from my honest belief that Fanon was one of these fake chumps who would sell Black people out if placed in a position of power. I reasoned that this guy had a record as prosecutor that wasn't good and he'd only get worse. I was glad when he lost to Deters -- better to have a devil you know is a devil than a devil who everyone thinks is an angel. Plus, I didn't think he was qualified so his failure would've reflected poorly on the race.

Well, former Governor Ted Strickland appointed Rucker to the bench. Guess what? I hate Strickland too. As far as I'm concerned, he's a coward. (That's another story. And, yes, its based on some personal bullshit. Now that I'm on a roll I really feel like talking about it, but I won't, at least not today.) So, Strickland appointing Rucker confirmed, in my mind, my thesis that Rucker was stepping on the little people to get ahead. The appointment was merely his reward.

Now, some people have stopped reading and won't get this. I've watched Judge Rucker. I've still got friends and sources who deal with him. I interact with them. My take, based on my observations, my research, and my discussions with people who see him work is while no judge is perfect, Judge Fanon Rucker is awfully good at what he does. He is certainly smart. He is ambitious. He is fair.

I've read quite a few books detailing the history of Cincinnati. On my bookshelf are two biographies of William Howard Taft. Before Taft was President or Chief Justice of the U.S. Supreme Court, he was a local judge, hearing cases in the same spot that Judge Rucker now occupies. Taft distinguished himself while in Cincinnati with his legal rulings, his leadership on the court, and his involvement in the community. Not only do Black people need leaders, we all do. Could Judge Rucker be one of this leaders? I think so.

One last thing. Some people, even some of you, my faithful readers, misunderstand what we do here at The Cincinnati Black Blog. We believe iron sharpens iron. Only the best and brightest should lead. (When we can't get the best, we want the funniest!) There is no room for corruption and self-dealing. So, we push to expose the crooks and lessen their ability to fleece the people. (We are actually doing them a favor by keeping them out of the federal penitentiary.) And we spar with the people who have the capacity to lead but need some toughening up. Go back through the archives and read what we've written about Christopher Smitherman and Alicia Reece (two able politicians corrupted by the love of money and power), Cecil Thomas (a fool), Wendell Young (lazy and unprepared). There is a long list full of elected and unelected people that we admire and respect.

Today, we focus on Fanon Rucker. Is he ready? Is he the best we have to offer? Should he have stood for re-election if he was going to run for another seat? There's plenty of time to discuss these things. For now, we are glad Judge Rucker is running.

A Better City Council

2011-11-09T03:58:00.002-05:00

Voters shake up council | Cincinnati.com | cincinnati.com

Now that Mayor Mark Mallory has a new City Council, made up of 7 Democrats, people will be watching to see how he governs the city. Will he make the same mistakes President Barack Obama made when Democrats held majorities in the Senate and House of Representatives. Some say they overreached, some say they ruled & reigned without consulting the minority Republicans, and some say they didn't do enough. Will Mallory and the Democrats try to balance the budget on the backs of the poor and middle class or will they finally take steps to make everyone sacrifice and pay their fair share. The people are watching.

The 2012 election season has already started. There's very little talk about the congressional race in Cincinnati, but our sources tell us the Democrats are going to run Mayor Mallory against Steve Chabot. There probably won't be an Issue 2 on the ballot to drive turnout next year, but we hear President Obama and organized labor have pledged to help make sure he has enough money to compete. The Council faces many of the same issues faced by Congress, chief among them being how do you balance the budget, deal with debt, stimulate the economy, and increase jobs. The voters have said they want progressive leadership. We hope Mayor Mallory heard them. No matter what, Mallory has little time to get the new members of Council up to speed.

If Mallory moves to Congress, we hear Vice Mayor (and top vote getter) Roxanne Qualls will be appointed to take his place. State Senator Eric Kearney or Robert Richardson, Jr. will be appointed to Council (increasing the Black majority to 6). If Kearney gets tapped, Alicia Reece will move from State Representative to State Senate. Y. Laketa Cole would be offered Reece's seat.

Poll: Blacks Believe Obama Hasn't Done Enough To Oversee Wall Street

2011-11-07T20:17:00.036-05:00

Poll: Black Americans more optimistic, enthused about 2012

The overwhelming majority of Black people support President Barack Obama and plan to enthusiastically vote for him next year. Still, Blacks do not believe Obama has done enough to reign in Wall Street.

Just as Black Americans want Obama to do more, we know Black Cincinnatians want local political leaders to stand with the 99% and make the wealthy 1% pay their fair share. Local politicians haven't done enough (have they done anything?) to address 4th street and loose the grip of corporate gangsters and banksters that is strangling the city's finances.

The Cincinnati Black Blog writes about what the Black community cares about. We don't need a poll to tell us what Black people think because we live among the people, work with the people, and have our finger on the pulse of the people. Because Black people care about issues of economic fairness and believe government has a role to play in addressing economic inequality, this blog has focused our attention lately on these issues.

To our friends in the media, we are a voice of, and for, the people. We encourage you to join us in looking at ways the city can be more fair.

Yvonne Collins Arrested And Charged With Endangering Children!

2011-11-06T18:25:00.002-05:00

Here at the Cincinnati Black Blog, we realize that some of you, our faithful readers, are turned off when we are forced to exposed and report on the actions of a community troublemaker. We wish we didn't have to do it, but somebody's got to let the people know when one of our neighbors is wilding out and threatening our safety. When, as is the case here, the community troublemaker is accused of ENDANGERING CHILDREN, we will always risk erring on the side of protecting the child over angering a loudmouthed jerk.

Readers of this blog are familiar with Yvonne Collins. A few years ago, we published a series of blog entries about her. The last time we checked on her, she was trying to start a child care service. We knew this was a bad idea. She has a history of violence, erratic behavior, and child mistreatment. We notified the authorities of her shady past and urged them not to allow her to be around anyone's children. We argued that not only shouldn't she receive a license to operate a child care center, she definitely shouldn't be given taxpayer's money to subsidize her business.

Now, our sources and best researchers report that Collins was arrested about a month ago and charged with endangering children. In the coming days, we will share the specific facts. For now, just know that Yvonne is a loose cannon. Hide your children away from this person!

Close The Stock Options Loophole, End The Corporate Welfare Swindle

2011-11-06T08:35:00.002-05:00

Procter & Gamble CEO's compensation mostly equity

A lot has changed in the 4 years since the linked article was published. One thing that hasn't changed is the fact that the City of Cincinnati still doles out corporate welfare and elaborate tax breaks to the wealthy 1% that they don't give to people like you who live or work in the city.

In our only blog entry of the day yesterday, we linked to a news report showing Procter & Gamble pays no federal income tax. If you live or work in the city as a teacher, janitor, nurse, clerk, or temporary service employee, the city takes 2.1% of your income. Everybody pays the tax. No exceptions. Well, that's not true. The city doesn't require the city's ultra-rich to pay the tax!

As you can see from reading the linked article, the corporate executives at Procter & Gamble devised a scheme to pay their executives in stock options instead of in straight salary. They don't pay city income tax on the income they derive from stock options. P&G pays them 1 part salary and, at the time the article was published, 6 or 7 parts stock options. Because their compensation is mostly equity, they don't pay city income tax on most of their compensation. All together, since the stock options tax break was started, the city has given away hundreds of millions of dollars to the rich.

What's our point in publishing these stories? While you, my faithful readers, may know that the city is closing pools and health centers and threatening to lay off police officers because they have a budget deficit, many of your neighbors don't know that the city is turning away tax money from the rich. Your neighbors also may not know that the city's politicians consistently refuse to flatten the tax by making the rich pay the same rate as everyone else. The corporate media isn't going to push this story because they support the rich and, in some cases, don't pay the tax themselves. We are counting on you to spread the word.

We want change. The politicians are so indebted to the rich and so well trained to defend their interests, they've spent years fighting you, the 99%, and opposing any suggestion they end the stock options tax give away to the wealthy 1%. Even when reports have come out showing that poor people are catching Hell in the city, no politician has fought to extend the city income tax break to them. If the city can afford to exempt the rich from paying taxes on the income they get from stock options (there is no way to morally justify the tax exemption), why can't they exempt, say, everybody earning wages equal to or less than the poverty rate. So if the poverty rate in Cincinnati is $30,000, everybody who currently earns that amount and pays the tax would do so no more. I'm sure the politicians, who, let's be honest, are too often in the pockets of the rich, will give you every excuse in the book why the city can't afford a tax break for the poor, then turn around and attempt to justify the continued tax break for the rich.

We do wonder why progressive Democrats in Washington are willing to advocate, and at least pretend to fight for, tax policies that benefit the poor and middle class, while Cincinnati politicians aren't. We believe the Democrats on City Council should have put forward a proposal to ease the tax burden on the poor and working class and dared the Republicans to oppose it. We believe the Democratic Party should have addressed this issue during the endorsement process. And we believe the Democratic, Charterite, and independent candidates should be addressing this issue. Jobs and economic fairness are winning political issues. Fighting for economic justice and against economic inequality is morally right.

The Cincinnati Black Blog is in the process of reviewing records we obtained from the Securities & Exchange Commission. We will report our findings to you. We pledge to keep pushing this message until the city's unfair tax system is reformed.

P&G, Duke Energy On List Of Fortune 500 Companies That Paid No Federal Income Taxes Over Last 3 Years

2011-11-05T16:15:00.000-04:00

30 Fortune 500 companies paid no federal income taxes over last 3Â years

One of our small contributions to Occupy Cincinnati has been pointing out how the rich don't have to pay their fair share of taxes in Cincinnati. Corporate executives from Procter & Gamble, 5/3 Bancorp, Duke Energy, Convergys, Chiquita Brands, Scripps Howard, and other corporations don't pay city taxes (the 2.1% everybody else pays) on millions of dollars in income from stock options. Now we see some of the corporations aren't paying federal taxes either.

Join Me On Facebook

2011-11-04T05:38:00.001-04:00

http://www.facebook.com/people/Nathaniel-Livingston/1355017895

Hey, faithful readers (and casual observers)! Join me on Facebook. It's quick, easy, free, and painless. Just click on the link provided above.

NAACP prez: Vote NO On Issue 2

2011-10-31T07:55:00.001-04:00

Toledo Blade
Need another reason to Vote NO on issue 2? The president of he NAACP provides facts in the linked article to explain why Issue 2 / SB 5 has a disproportionately negative impact on Black people.

Enquirer: Get Rid Of Leslie Ghiz And Cecil Thomas

2011-10-30T12:28:00.001-04:00

Incumbents: Three who should move on | Cincinnati.com | cincinnati.com

I can't remember ever reading an editorial in The Cincinnati Enquirer like the one linked to above. It is refreshing candid!

Our only mini-criticism is this: The Enquirer could've and should've reported on Leslie Ghiz's conduct a long time ago. And the paper should've been calling for her to clean up her act years ago.

LESLIE GHIZ - Ghizzy was promoted by people who claimed she'd be a different kind of Republican - one who supports the arts and progressive policies, and who could work with people she disagreed with. The Cincinnati Black Blog was never fooled by Ghizzy!!! We've been calling Ghizzy a Bitch for years. Today, the Enquirer finally acknowledged that we were right, even though they used nicer descriptive terms.

CECIL THOMAS - The Enquirer is being nice to Uncle Cecil. The time for niceties is over. Cecil is slow. He's dumb. He's lazy. And he hasn't accomplished anything while being on Council. Yes, Cecil is a nice guy, but he is in way over his head. Black people have a history of sending our best and brightest to represent us. We should be ashamed of ever putting Uncle Cecil in his leadership position.

We, The People, Are Forcing Banksters To Change

2011-10-29T08:41:00.001-04:00

National and World -- GazetteXtra

The changes addressed in the linked article are small ones, but they show that the powerful must listen when the people organize and speak out.

Veterans Eat Free At Golden Corral

2011-10-28T21:22:00.001-04:00

Watch "Fat Boys - All you can eat" on YouTube
This is one of my favorite Fat Boys videos. I especially like the part where The Human Beat box is sort of rap-moaning that he is hungry even though he and the other two Fat Boys have eaten everything at Sbarro Pizza!!! (I've always thought Sbarro missed a great marketing opportunity by not working with The Fat Boys.)

Golden Corral and a number of restaurants are offering free meals to veterans on Veterans' Day. I've got a friend in Toledo who used to love that all you can eat joint. Me? Yes, but not so much, and not that often.

Anyway, to all of my fellow vets, have a happy Veteran's Day. And remember this: if you find yourself overdoing it, think about The Fat Boys. You're not really that hungry!

Is Judge Flannery Telling Marcus Israel He Should Be Glad He Didn't Get Lynched?

2011-10-26T05:04:00.001-04:00

Judge's race comments surprise many

There's a debate raging in the community about why Judge James Flannery brought race into his sentencing of Marcus Israel. People want to know what he was trying to communicate.

Some people think he was telling Israel to be happy he didn't get Lynched by the cops. Other people think his message wasn't for Israel. They think he was talking to the white community. They believe he was urging whites to take the law into their own hands like they used to do 50 or 60 years ago and execute blacks on the spot who kill or harm whites, especially cops.

Some of my older friends tell me Lebanon, Ohio used to be known as Klan country because of the high amount of KKK members and Klan sympathizers living there. The Cincinnati Black Blog hasn't been able to independently verify this.

Furthermore, here at the Cincinnati Black Blog, we don't judge people's hearts or question their motivations, we just report0 the facts and let you, our faithful readers, decide. Therefore, we won't be passing judgement on the question of whether the honorable Judge James Flannery is GUILTY or not guilty of being a racist in a black robe calling for the lynching of Black people.

We do, however, believe the Ohio Supreme Court has an obligation to investigate Flannery's comments and the questions raised by our dear brother Clyde Bennett about the conduct of the all white jurors.

Everyone deserves a fair trial. Israel's trial, combined with Flannery's comments, leaves one questioning the integrity of the justice system.

COAST/NAACP Want Dysfunctional City Govt

2009-10-11T10:10:00.008-04:00

Yesterday, California Chief Justice Ronald M. George said what you, my faithful readers, and everyone else with any sense who has looked at that state's broken initiative/referendum system have concluded: knuckleheads like COAST and NAACP have rendered California state government dysfunctional.

Rendering Cincinnati's government dysfunctional is exactly what Christopher P. Finney and Christopher Smitherman seek with their ridiculous charter amendments. After they ruin the system, they'd like to ride in on their white horses and take over.

The story was covered by numerous media outlets (although for some strange reason I didn't see it in the Cincinnati Enquirer). The New York Times had the best story.

Top Judge Calls Calif. Government ‘Dysfunctional’

LOS ANGELES — In a rare public rebuke of state government and policies delivered by a sitting judge, the chief justice of the California Supreme Court scathingly criticized the state’s reliance on the referendum process, arguing that it has “rendered our state government dysfunctional.”

In a speech Saturday before the American Academy of Arts and Sciences in Cambridge, Mass., the chief justice, Ronald M. George, denounced the widespread use of the referendum process to change state laws and constitutions. And he derided California as out of control, with voters deciding on everything from how parts of the state budget are spent to how farm animals are managed.

The state is unusual, he said, because it prohibits its Legislature from amending or repealing many types of laws without voter approval, essentially hamstringing that body — and the executive branch.

Justice George’s remarks come at a time of severe budget crisis in California stemming from a variety of factors, including mandates from ballot initiatives. Several groups on the left and the right are clamoring for changes to the state’s Constitution, including reining in of the direct democracy that has defined much of how the state operates.

....

Justice George said that perhaps the “most consequential” impact of the referendum process is that it limits “how elected officials may raise and spend revenue.” He added, “California’s lawmakers, and the state itself, have been placed in a fiscal straitjacket by a steep two-thirds-vote requirement — imposed at the ballot box — for raising taxes.”

Think about this: If the people who hate the city and Mayor Mark Mallory and Cincinnati City Council have their way and succeeed in tricking a majority of voters into passing Issue 9, the city will be prohibited from spending any monies for passenger rail without first having an election. Everytime the city wanted to spend money for right-of-way acquisition or construction of improvements for passenger rail transportation, they'd have to put the issue on the ballot; wait for election day to come around; and only then (which could be months later) proceed. If a two-thirds-vote requirement of the legislature is steep (and it is) and constitutes a "fiscal straitjacket" (and it does), its accurate to say that the COAST/NAACP gang want us to help them place Mayor Mallory and the city's lawmakers in a fiscal coffin!

[Chief Justice George] added: “Much of this constitutional and statutory structure has been brought about not by legislative fact-gathering and deliberation, but rather by the approval of voter initiative measures, often funded by special interests. These interests are allowed under the law to pay a bounty to signature-gatherers for each signer. Frequent amendments — coupled with the implicit threat of more in the future — have rendered our state government dysfunctional, at least in times of severe economic decline.”

Some dumb anarchists will argue that the COAST/NAACP efforts represent direct democracy at its best. Well, as anyone who took 4th grade civics knows, America isn't a direct democracy, its a representative democracy -- we elect people to represent us. We should let them do their jobs.

Sooner or later some coalition is going to come along and pay people to collect signatures to place some social matter on the ballot. (I'd like to see the National Rifle Association sponsor a charter amendment prohibiting the city from placing ANY restrictions on owning or carrying guns; a PETA-type group make it illegal to sale, process or eat meat in the city; a health group make it illegal to smoke cigarettes or eat fast food in the city; and a naturalist group make it legal for people to walk around in the nude.)

This is what they've done in California.

Beyond budget matters, Justice George, a Republican appointed by Gov. Pete Wilson in 1991, was critical of a 2008 voter initiative that ended same-sex marriage in California. In May 2008 the Supreme Court struck down the state’s statutes limiting marriage to opposite-sex couples, with an opinion written by Justice George citing a 1948 decision that reversed the state’s interracial marriages ban.

But in the November elections that year, a ballot measure known as Proposition 8 amended the constitution to override the court.

Citing a successful ballot initiative that same Election Day that regulated the confinement of fowl in coops, Justice George said, “Chickens gained valuable rights in California on the same day that gay men and lesbians lost them.”

He added, “The court over which I preside frequently is called upon to resolve legal challenges to voter initiatives. Needless to say, we incur the displeasure of the voting public when, in the course of performing our constitutional duties as judges, we are compelled to invalidate such a measure.”

He fell short of being prescriptive, and spoke warily of a constitutional convention. But he said, “At a minimum, in order to avoid such a loss, Californians may need to consider some fundamental reform of the voter initiative process. Otherwise, I am concerned, we shall continue on a course of dysfunctional state government, characterized by a lack of accountability on the part of our officeholders as well as the voting public.”

We don't need California-style government in Cincinnati.

Guest Editorial: Judge Greenberg Is Corrupt!

2009-08-31T20:12:00.005-04:00

Judge Brad Greenberg

The following guest editorial was sent to the Cincinnati Black Blog by an anonymous source. Because the allegations are so severe, we have agreed to both publish the editorial without any editorial comment and also withhold the name of the person who we believe is the author.

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Corruption in the Hamilton County, Cincinnati Ohio Civil Court System.
Brad Greenberg, Municipal Court Judge

It has taken awhile to write this, though it will be on going until the truth is told about this case and many other civil trials in the Hamilton County, Cincinnati Ohio, Civil Court System. The Civil Case that this is about, has been and will be blog-ed and Craig's Listed the way Cincinnati-ans do. Or should say, "People of Cin" like to tell there stories, anonymously. Even though some that read this may think they know the writer.

It has been two years of fighting a thief and a grifter. The case was presented to Hamilton County, Cincinnati Ohio, Civil Courts where it was assigned to Judge Greenberg. To find out later that Judge Greenberg and the defense Attorney, ALVERTIS W. BISHOP JR. 0025391 for the defendants Anne-Claire Ledy and Charles Aaron Turley, held what is call kangaroo Court. Deciding the civil trial before it is to be heard by the court. This is not wrong, if both the defense and plaintiff are privy to the same proceedings. If this type of court proceeding is held by one-side then it is illegal. Judge Greenberg did this with the defendants attorney, not telling the Plaintiff about any of the proceedings. This is in evidence in the courts records, " the transcript's", if Judge Greenberg has not committed forgery or changed them in anyway.

From the opening statement by the defendants attorney ALVERTIS W. BISHOP JR. 0025391, the plaintiff knew the judge was on the take or that the courts justice would not be blind. It was the Judge's Justice, not the law. When Judge Greenberg did not allow the plaintiff the discovery papers asked for in writing from the defendants. There were no papers filed by Judge Greenberg or given to the Plaintiff in anyway, saying why the discovery papers were not an order of the court, for the defendants to produce.

Attorneys and other people of the court, all say that this case is perfect for an appeal. The Judge made a decision without any justification to the plaintiff. Plus admits this in court, it is in evidence in the courts records, " the transcript's", if Judge Greenberg has not committed forgery or changed them in anyway. Judge Greenberg agreed on record that the case could not be won by the plaintiff, without the discovery papers asked for by the Plaintiff. This and other information will be blog-ed and put up on website! Along with other information about this case. Judge Greenberg made his decision believing that an appeal by the plaintiff would be costly and/or that the Plaintiff would just let this case go. Judge Greenberg made a big mistake. Up to now, go after the money owed to the plaintiff, by the defendants Anne-Claire Ledy and Charles Aaron Turley was the way to go after them. That too was a mistake, the defendants Anne-Claire Ledy and Charles Aaron Turley have concealed all information of what they have and the Civil Court System of Hamilton County, Cincinnati Ohio has allowed them to do so. The only reason they have gotten away with their crimes is that the Civil Court System of Hamilton County, Cincinnati Ohio and Judge Greenberg have let them, which is Corruption.

This case will come to light and Anne-Claire Ledy, AKA " ClaireLedy, Claire Turley, Anne Turley" and Charles Aaron Turley plus all that have help them commit their crimes. Even all the names she is know by or may go by, is perjury, as she testified in court that her name was only Anne-Claire Ledy. There was a previous case won by the Plaintiff in the Civil Courts of New York City, New York County against the defendant Anne-Claire Ledy for the amount of $16,791.23, which is in collections against the defendant and liens have been place against her name. The FBI, INS and ICE will be made to finally look into this case, though they may not want to. Anne-Claire Ledy, Charles Aaron Turley and their attorney have filed false papers, perjury of immigration papers, one way or another they will be brought to justice. In the end, Anne-Claire Ledy and Charles Aaron Turley will pay for their crimes.

Fight to the Finish!

https://post.craigslist.org/manage/1348644905/erkf3

http://www.hamilton-co.org/MunicipalCourt/bios/JudgeGreenberg.htm

http://www.alvertisbishop.com/index.html
12/05/2008 Case Announcements

http://www.sconet.state.oh.us/rod/docs/pdf/0/2008/2008-ohio-6326.pdf
Dec 5, 2008 ... begins with a letter from A through L to report compliance with the requirements .... $150.00. Alvertis Walter Bishop, Jr. 0025391. Hamilton ...

alvertis@alvertisbishop.com

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The Cincinnati Black Blog has always believed that Judge Greenberg is an honorable man; however, if the allegations in the story above are true we must call for him to be disciplined. Say it ain't so Judge Greenberg....

Election Commish's Frivolous Suit Tossed Out!

2009-07-28T05:13:00.004-04:00

Hamilton County Common Pleas Judge Ethna Cooper could've ignored the law and yielded to public pressure to allow the Ohio Election Commission's frivolous lawsuit against me to proceed. She didn't. On July 23, 2009, Judge Cooper dismissed the Commission's lawsuit.

As you know, the lawsuit was filed by Dayton Democratic Party hitman Dennis Lieberman, funded by Ohio Attorney General Richard Cordray (a Democrat), and spearheaded by Ohio Election Commission executive director Philip C. Richter. I would've preferred to dust their asses off in court. I wanted Judge Cooper to rule that the Commission has no authority to force candidates for Cincinnati City Council to file campaign finance reports with the Commission or to attend hearings in Columbus.

If the Commission is foolish enough to refile the suit (and waste more taxpayer money), I'm prepared to go all the way. For now, I'm just grateful that Judge Cooper -- a white conservative Republican -- upheld the law.

State Law Doesn't Apply To Local Elections

2009-07-26T11:18:00.002-04:00

I was talking to a friend last night. She reads this blog and she understands the law. We were laughing about some of the things that have been said and written about me and the case brought against me by the Ohio Elections Commission when I asked her to tell me why the Nate-Haters were having such a hard time understanding the law. I think her answer was on point.

Let me admit that my friend is an attorney. I find that she has a better understanding of certain concepts than most people. She suggested I provide an elementary explanation of the issue, without any name calling or attacks, written in such a way that even a 5th grader could understand.

There is a general misconception out there about the power of cities in Ohio to enact laws. The dummies over at the Cincinnati Beacon have made the point that a city can write their own laws but those laws cannot trump, contradict, repeal, or repudiate state law. According to them, a city can only add to existing state law. They cite the cities enactment of a marijuana possession law with stricter penalties than the state law. My friend and I both believe that the reason the Beacon Boys and their readers are confused is they dont understand why, or under what conditions, a city is empowered to legislate.

I dont have the time or desire to use this blog to teach a lengthy civics lesson on the Ohio Constitution and the separation of power. Instead Ill do my best to briefly cover concepts that Im sure you, my faithful reader, can understand.

The federal constitution provides states with certain rights that cannot be taken away by the federal government. In the area of criminal law, for example, murder is a state crime and therefore prosecuted by the states. There are, of course, exceptions, like if one murders the president or blows up a federal building. Then the federal government handles the prosecution.

States write their own election laws. Thats why different states hold elections on different days. Thats why in some states felons can never vote and in other states they can vote after being released from prison. State laws are writen to deal with state elections.

The Ohio Constitution gives cities powers just like the federal one gives states powers. The reason Cincinnati is allowed to have a stronger marijuana law is because that is a police power and those powers are shared by the state. The key words are: police powers. All laws dont deal with criminal behavior or constitute the exercise of police powers.

In the past few days Ive cited an Ohio Supreme Court case that basically says cities have the right to write their own laws to cover their elections. This is not something the state can interfere with. So, when some moron says a city cant make a law dealing with their candidates or their elections unless the law is stronger or stricter than some state law, they dont know what they are taking about.

To further illustrate this point, let me tell you that state law dictates when a city is to hold elections, and how many people are to be on the city council, etc. At a later time Ill cite the law. But once a city adopts a charter and exercises its right to rule itself, the state laws no longer apply. Why? Because the state constitution allows cities to have home rule. This is why Cincinnati can have a directly elected mayor and a primary election even though these things arent provided for by state law. Because of home rule, our city can change the way we elect council. We can change the qualifications for candidates and say, for example, that they must live in the city for a year before they are eligible so seek office. Now, to the best of my recollection, none of these things are included in state law.

Once the people of Cincinnati opted to take control of our elections, we came out from under the state. Some people want to believe that the state can still meddle in our local elections by requiring our candidates to file campaign finance reports with the Ohio Elections Commission. Anyone who has bothered reading the state law knows that the rules only apply to state, county, and local candidates from areas without home rule. But even if the state law was not clear on this point, the state constitution would still prevail. Since, as established above, the Ohio Constitution explicitly gives Cincinnati home rule authority, and the city has exercised that authority through the adoption of a charter, and the charter deals with campaign finance and reporting, the city law must prevail.

A fifth grader can understand this.

Misinformation Alert: You Must Attach A Copy Of Federal Tax Return To State Return

2009-07-26T10:19:00.001-04:00

Unfortunately, since Jason Haap -- an educated man who is currently running for a seat on the Cincinnati Public Schools Board of Education -- joined up with Justin P. Jeffre -- an uneducated and unemployed idiot -- The Cincinnati Beacon has turned into a place where opinions somehow trump facts. The Beacon is Misinformation Central!

One of the Beacon's frequent posters is an angry homosexual who user the handle Urbanist II Is Dead. Ive been making a fool of this creep for years.

Last week, the raging homo joined forces with Justin Jeffre and together they had a field day spreading misinformation about me and Ohio's election laws. I probably should ignore their nonsense, but I won't this time because I realize that some of you, my faithful readers, read that garbage and might be tricked into believing what's published there is the truth. It's important for you to realize that these people are ignorant liars who run their mouths about things they know nothing about, and even when their made up claims are disproven they don't do the honorable thing and issue a correction.

The other day, the angry homo wrote: "And there is no 'do this twice' any more than attaching a copy of your federal return to your state or city return is redundant." Throughout the thread, Justin says he agrees with everything stated by Urbanist. The problem with Urbanist's statement is obvious: Ohio taxpayers are not required to attach a copy of their federal income tax return to their state tax return. Urbanist just made that shit up. And Justin Jeffre co-signed his lie.

Now, anyone who has ever filed an Ohio tax return knows that the information provided by the Beacon is incorrect. So why do Jason Haap and Justin Jeffre publish this sort of obvious misinformation and allow it to remain on their site?

I remember years ago when it was suggested that the only reason for Black people to read the Beacon was if they wanted to Be A Coon (or a stereotypically ignorant person). I still can't bring myself to believe that Jason is intentionally attempting to dumb down the Black community, but that white racist Justin Jeffre is another story.

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This Misinformation Alert has been sponsored and paid for by the Cincinnati Black Blog.

State Law On Recall Elections Not Applicable To Cincy

2009-07-25T09:58:00.002-04:00

Many of you, my faithful readers, know that Ive been in a custody fight since early 2008 and that court battle, and preparation for it, has taken the vast majority of my free time. Some of you also know that I have now been awarded custody of my two youngest children. Between working a full time job and taking care of children, I have little time to blog.

That said, I am able to find a free moment now and then to blog about things that I deem important. This is one of those moments.

The other day, while discussing an ignorant comment made by dumbass Justin P. Jeffre (I'm using my phone to type this blog so I can't quote him, but he basically said that each and every state law applies to the City of Cincinnati), I promised to outline a few state laws that don't apply to our city. Before I do this, however, let me briefly state that I'm doing this because I want my readers to know the truth about things. I want you to be armed with information so that when you encounter some idiot like Justin Jeffre preaching nonsense you can counter and defeat him by stating the truth.

Ohio law provides for the recall of city mayors and councilmembers. Jeffre isn't the only moron who has falsely claimed that this state law applies to Cincinnati. They insist that the citizens of Cincinnati can take steps to legally force a recall election of Mayor Mark Mallory or of one of the members of council. Recently fired Cincinnati Enquirer columnist Peter Bronson once wrote a column making this claim. In response, on October 5, 2004, I wrote a blog entry titled "Bronson Is Wrong On Recall," and linked to a CityBeat article which thoroughly debunked this myth. The simple truth is: state law provides a way for citizens to recall certain local elected officials but that law does not apply to Cincinnati. Why? Because we have a Charter and the Charter gives us home rule and the framers of the Charter did not include a recall provision.

In my next blog entry I'll discuss why state law granting a city council to have a secret meeting (also known as an executive session) does not apply to Cincinnati.

Also, when I get time and near a real computer I'll update this blog entry with a few law citations.

Correcting More Misinformation Put Out By Dumbass Justin Jeffre

2009-07-23T12:45:00.003-04:00

Justin P. Jeffe is on a roll! He is putting out misinformation at a record pace. I want him to keep on writing because the more he writes, the more it shows how little he knows about politics, the political process, or the law.

Earlier today, Justin wrote:

The city has more stringent laws than the state. They added more filings and also put contribution limits (that don’t apply to county seats) via referendum. It was part of an effort to bring Campaign Finance Reform and Public Funding. ( I believe Finney sued and public funding was ruled unconstitutional or something like that.)

Anyway, the city has the right to make tougher laws (like the marijuana ordinance), but they can’t repeal the state law. Urbanist is correct on this. And I just showed you what the ORC said. There’s more in the ORC to read on the subject, but it seems clear to me.

Oh, that's rich! Why bother reading all the information before making up your mind.

Let's take a trip back to a recent subject we discussed here on the Cincinnati Black Blog: the NAACP's failure to follow the procedures laid out in Ohio Revised Code 732.32 which require anyone seeking to propose an ordinance or measure in a municipal corporation by initiative or files a referendum petition against any ordinance or measure to file a certified copy of the proposed ordinance or measure with the city before circulating it.

The Ohio Supreme Court looked at that state law and held that it is not applicable to charter amemdment petitions. So, state laws don't always apply to every situation.

A few days ago I provided you, my faithful readers, with a citation to an Ohio Supreme Court case captioned Fitzgerald v. Cleveland. In that case, the Court held that municipal elections are and should be regarded as affairs relating to the municipality itself, and, in the absence of fundamental limitations prohibiting, are things that may be provided for by the local government. Here in Cincinnati we have established a commission to regulate our elections. The city obviously has authority to do so. Our elections commission establishes the rules to be followed by council candidates; not some jackasses in Columbus. This only makes sense, just like it makes sense for the Ohio Elections Commission to regulate statewide and county elections, not the Federal Elections Commission.

But, honestly, we don't even have to go there to make the case that Justin Jeffre is full of shit. Let me quickly walk you through the law that Justin claims applies to Cincinnati council races.

R.C. 3517.10 states:

EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, every campaign committee ... that made or received a contribution or made an expenditure in connection with the nomination or election of any candidate ... at any election held or to be held in this state shall file ... a full, true, and itemized statement, made under penalty of election falsification, setting forth in detail the contributions and expenditures....

Now, what is a campaign committee? As used in the section cited by Justin (which I'm sure was given to him by someone who knows how to read), a “campaign committee” means a candidate or a combination of two or more persons authorized by a candidate under section 3517.081 of the Revised Code to receive contributions and make expenditures.

Section 3517.081 doesn't apply to elections for Cincinnati City Council, thus section 3517.10 is also inapplicable.

----

I've run out of time, but I'll develop these points more fully in the future. Let me briefly explain to you, my faithful readers, in plain terms, why the Ohio Elections Commission has no authority over Cincinnati City Council races.

In Ohio, we have all sorts of political subdivisions. We have cities, villages, townships, and counties. All but one of Ohio's 88 counties operate under rules set out by the Ohio General Assembly. One county adopted a charter and sets its own rules. The Ohio Constitution allows cities to adopt their own charter and set up their own rules. The General Assembly has rules for how cities are to operate. But once a city adopts a charter, they make their own rules. So some people claim that I don't think the Ohio Election Commission's rules should apply to me. This is true. But it doesn't say it all. I also don't believe that their rules apply to any candidate for Cincinnati City Council. Why? Because we have our own charter. We operate under home rule. We determine the rules for our elections and our candidates. We have our own elections commission.

When I come back, I'll lay out a whole slew of state laws that don't apply to Cincinnati because we are a charter city.

The goofballs discussing this issue on the Cincinnati Beacon and in other places don't know what they are talking about. These fools may end up getting sued over their irresponsible and defamatory words. We'll see....

Jeffre: Moron, Racist, Or Whore?

2009-07-22T14:41:00.003-04:00

Justin Jeffre (left)

No one thinks former boy-band backup singer Justin Jeffre is all that smart. He certainly isn't a profile in courage (when the big white man issues orders, this little white boy falls in line). And with his refusal to vote for qualified Black candidates -- even when, like with the case of Cynthia McKinney, they are in the Green Party and share his views -- many believe he is a white racist.

Justin has gone from singing behind Nick Lachey to playing second fiddle to The Dean of Cincinnati over at their website and singing behind Chris Smitherman as a member of the Smart-Mouthed Little Punks.

A few days ago, without doing any research on the subject, Justin launched an attack on me via The Cincinnati Beacon. Stupid Justin Jeffre claims that ALL citizens who run for ANY office in the state of Ohio are required to file campaign finance reports with the Ohio Elections Commission. To hear Justin tell it, the Commission has authority to regulate thousands of candidates and campaigns. As is often the case, dumbass Justin doesn't know what he is talking about.

Justin claims Ohio Revised Code 3517.10 applies to candidates for Cincinnati City Council. It doesn't. Instead of informing his readers on the law, Justin misled them by selectively quoting from it. The law states:

EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, every campaign committee ... that made or received a contribution or made an expenditure in connection with the nomination or election of any candidate ... at any election held or to be held in this state shall file ... a full, true, and itemized statement, made under
penalty of election falsification, setting forth in detail the contributions and
expenditures....

So a friend of mine called the Commission this morning and was told the following:

The Cincinnati NAACP didn't file a report with the Commission following the election of Sillyman as president. If Justin were serious in his claims, shouldn't he be questioning why the NAACP (an organization he belongs to) held an election in the state (even if it was a sham election), and expenditures were made by an group calling itself "Team Smitherman" (uh, I still have one of the flyers), and those expenditures were made in connection with his nomination, yet, years later, the NAACP hasn't filed a report with the Commission?

My friend asked if her grandmother's church filed a report with the Commission following her election to serve as the chair of the Usher Board and was told that there was no such report.

My friend lives in Avondale and is a longtime member of the community council so she asked if they'd ever filed a report with the Commission and was told no.

If Justin's interpretation of the law is correct, campaign finance reporting is required by anyone and everyone who runs for any office in Ohio so long as any amount of money is collected and/or expended. Somebody better notify all those little kids running for class president, all those college kids running for office in their fraternities and sororities, and all those senior citizens looking to become the elected hall monitor in the retirement center. The Ohio Elections Commission is watching you!

Justin also refuses to explain why candidates for federal office (i.e. US Senate, Congress, President, Vice President) don't file duplicate reports with the Commission; they file with the Federal Elections Commission. I'll tell you why though. Because federal candidates file with the federal commission; state candidates file with the Ohio Elections Commission; and municipal candidates file with their own elections commission when they have one. It's not that hard to understand.

Only a moron, or a racist, or, to use one of Justin's more juvenile lines, a "status quo ho" would continue to write the things being written by Justin P. Jeffre. Which is he? A moron? A racist? Or a stutus quo ho? I'll let you, my faithful readers, decide.

Disgruntled White Guys Sue Me To Intimidate Poor People From Seeking Office

2009-07-20T19:06:00.001-04:00

By now you, my faithful readers, have probably read the article by Kimball Perry in the Cincinnati Enquirer titled "State sues Nathaniel Livingston Jr. for not filing campaign finance reports," or seen the Fox19 News report dealing with the same subject: Ohio Attorney General Richard Cordray -- a white Democrat -- and the Ohio Elections Commission, headed by Philip C. Richter -- a white man -- have teamed up and hired legal hitman David Lieberman -- (you guessed it) a white Democrat (and the former chairman of the Montgomery County Democratic Party) -- to file a frivolous lawsuit against me as punishment for my running for a seat on Cincinnati City Council 8 years ago in 2001.

You may be wondering why I haven't responded to the baseless charges on this blog, or why I didn't appear in the Fox "fair and balanced" news report, or why the quotes from me in the Enquirer story all came from a motion while the other side's quotes came from an interview. You may also wonder if the allegation that I failed to file a campaign finance report is true and if so why I didn't file it. Well, I am out of town vacationing with my children and plan to respond when I get good and damned ready to!

When this is all over, people will understand that this is an effort by a few rich white Democrats to stop poor people, especially poor Black people, from exercising their Constitutional right to seek office. If they can get away with publicly whipping me and fining me over $40K, then the hope is that the next uppity Negro will be too scared to run for public office. I think there is a Constitutional amendment and a federal law outlawing government intimidation of voters and/or candidates.

Before this is over, I'll bet that the white media won't take time to accurately report on the real issues involved in the case, the biggest being the fact that the Ohio Elections Commission has no authority to require a candidate for Cincinnati City Council to file any campaign finance report with them. Why? Because Cincinnati is a municipality. We have adopted a Charter and have authority to exercise all powers of local self-government. As the Ohio Supreme Court stated in Fitzgerald v. Cleveland, this is the cornerstone of home rule for Ohio cities. In that same case, the Court held that municipal elections are and should be regarded as affairs relating to the municipality itself, and, in the absence of fundamental limitations prohibiting, are things that may be provided for by the local government. Here in Cincinnati we have our own Cincinnati Elections Commission. They establish the rules to be followed by council candidates; not some jackass in Columbus. I'll develop this point more fully in the future, but that's enough said for now.

I hope that the Honorable Judge Ethna M. Cooper, the judge assigned to preside over the case, remains fair and, in the face of these powerful forces with the full weight of the government behind them, stands firm. On June 29, 2009, Judge Cooper ordered LIEberman and his legal team to file an amended complaint within 14 days of the order or else their case would be dismissed. There was a hearing on July 15th. LIEberman's co-counsel LIED to Judge Cooper and stated that they'd already filed an amended complaint on July 7th. No such amended complaint has been produced. These highly-paid white boys from Dayton and Columbus seem to think that it is alright to lie to a judge in Cincinnati. Do they think she is weak because she a woman? Do they think she is a racist who will let them have their way with me because she is white? As soon as I get back to town I'll be asking Judge Cooper to levy sanctions against LIEberman and the Ohio Attorney General in the amount of $2500 per day from the date of her order until they have their ridiculous case thrown out.

I'll also ask the Judge to sanction LIEberman's team for filing a frivolous motion for default judgment knowing full well that I hadn't defaulted in the case. The motion was feckless and designed only to harass me.

And I plan to countersue. I'm figuring out how much to ask the Judge to make the State of Ohio fork over to me.

I've gone on far longer than I had planned. The children are getting restless. I've gotta run. But remember this: any moron can go down to the courthouse and file a complaint alleging anything. The question is: can they prove their claims? And even if they can prove everything in the complaint, is there any violation of the law? This case isn't about a campaign finance report. It's about what I stated above. Its a high-tech lynching. Its an attempt to whip me in public like they did to the slaves and take my money like they did to the sharecroppers. Its a scene from a 3rd world nation where the winning politicians seek to punish the candidates who dared to challenge them but didn't prevail.

Here's the thing though. These people don't intimidate me. They will never snap their fingers and have me respond. And they won't make me bow my head to them. To be honest, their actions make me think about running for City Council again!!!

I urge you not to be afraid. Remember that David beat Goliath (then he took Goliath's sword and cut his head off). Just because the white man says something is true doesn't make it so. The mighty State of Ohio is wrong and I'm going to defeat them. When I win, I want you to know that the victory is partly for you.

Believe!

Livingston To City: Enforce The Law

2009-06-27T16:31:00.009-04:00

Lately I've been hearing a lot of talk about the right of citizens to petition their government and very little talk about the responsibility that goes along with that right.

Posted below is the text from latest letter putting the city on notice that I will sue them if they don't do their duty and determine the validity of any charter amendment petitions presented to them. Obviously, this letter is a follow up to the letter I sent to Mayor Mark Mallory and Cincinnati City Solicitor John Curp last week.

-----

Mark Mallory
Mayor
City of Cincinnati
Room 150
801 Plum Street
Cincinnati, Ohio 45202-5705

John P. Curp
City Solicitor
City of Cincinnati
Room 214
801 Plum Street
Cincinnati, Ohio 45202-1985

Sally J. Krisel
Director of Elections
Hamilton County
Suite 3
824 Broadway Street
Cincinnati, Ohio 45202-1345

Joseph T. Deters
Prosecuting Attorney
Hamilton County
Suite 4000
230 East Ninth Street
Cincinnati, Ohio 45202-2151

RE: NOTICE OF LAWSUIT IF CITY ACTS ON PROPOSED CHARTER AMENDMENTS

Greetings:

In response to a letter[1] I wrote to Mayor Mark Mallory and Cincinnati City Solicitor John Curp on June 17, 2009, I received an e-mail from Assistant City Solicitor Terry Nestor on June 19, 2009.[2] The text of Mr. Nestor’s e-mail follows:

Thank you for your letter dated June 17, 2009. The Solicitor’s Office researched R.C. 731.32 based on your letter. Please note that the Ohio Supreme Court already disposed of the precise issue you raise. I am attaching the case for your review. Based on the case, the Solicitor’s Office will not be pursuing any action.

The Ohio Supreme Court case attached to and referenced in Mr. Nestor’s letter was State ex rel. Blackwell v. Bachrach. In it, the Court held that the provisions of Sections 731.28 and 731.32 of the Revised Code do not apply to initiative petitions to amend a city charter. Having reviewed the case, I presume this is why Mr. Nestor states that the Solicitor’s Office will not be pursuing any action. This is troubling. In the same case cited by the city, the Court held (citations omitted and emphasis added):

This court held in State ex rel. Hinchliffe v. Gibbons, that a petition proposing an amendment to the charter of a city, under the provisions of Section 9, Article XVIII, must be submitted to the city council, and that IT IS THE DUTY OF COUNCIL TO DETERMINE THE VALIDITY OF THE PETITION. See, also, State ex rel. Waltz v. Michell.

The very plain wording of Section 9, Article XVIII, places the duty to submit a proposed amendment to the electors upon the council and the council alone. It provides further that the submission shall be governed by the requirement of Section 8, Article XVIII, that the council shall provide by ordinance for the submission to the electors. It is clear that once a petition for a charter amendment containing sufficient valid signatures is filed with the council, the only body or person thereafter charged with any duty of submitting the question to the electors is the city council.

The city can’t follow one part of the decision and ignore other parts. When charter amendment petitions are submitted to a city council, that council has a duty to determine whether the petitions are valid.

When, as in this instance, Cincinnati City Council has a clear legal duty to determine the validity of charter amendment petitions submitted to them, and, in the recent past, Council has skirted their duty in this regard, and there is a great likelihood that Council will soon be presented with more petitions, and Mr. Nestor signals that Council will again fail to do its duty and determine the validity of the petitions, a citizen, like me, is entitled to petition a court for a writ of mandamus forcing Council to perform its clear legal duty.

The position of city solicitor is provided for in the city’s charter. The solicitor is the city’s legal advisor. He has a duty to instruct the mayor and members of council on their clear legal duty to determine the validity of charter amendment petitions submitted to them for placement on the ballot. Like all attorneys, the city solicitor and his assistant solicitors must adhere to the rules established by the Ohio Supreme Court and codified in the Ohio Rules of Professional Conduct. Those rules prohibit attorneys from making legal arguments based on a knowingly false representation of law. The Solicitor’s Office must provide the mayor and the members of city council with an accurate instruction of their legal duty to determine the validity of petitions and make clear that they are not legally allowed to simply rubberstamp petitions presented to them. Should the Solicitor’s Office fail to so advise the mayor and council, I will have no choice but to seek a writ requiring the mayor and council to perform their duty.

In 1994, the Ohio Supreme Court, in Spadafora v. Toledo City Council,[4] held that a city council may invalidate signatures affixed to a charter amendment petition where the petition on its face violates R.C. 3519.06(c) or (d). In that case, the Court explicitly held that Ohio Revised Code Chapter 3519 applies to initiative petitions to amend a city charter. Mayor Mallory and the members of Council should be advised of this. They need to know that they may invalidate signatures affixed to any charter amendment petition where those petitions violate any section within Chapter 3519.

From Spadafora:

Further, in State ex rel. Concerned Citizens for More Professional Govt. v. Zanesville City Council (1994), we said that ". . . it follows that the legislature [city council] need not make the submission [to the electors] unless satisfied of the sufficiency of the petitions and that all statutory requirements are fairly met." (Emphasis added.) See, also, State ex rel. Semik v. Cuyahoga Cty. Bd. of Elections (1993).

Clearly, one of the requirements of R.C. 3519.06(D) is that an initiative and/or referendum petition speak, on its face, the truth.

If the charter amendment petitions currently being circulated do not speak, on their face, the truth, the mayor and council should be advised that they have a clear legal duty to refuse to submit them to the electors because the statutory requirements have not been met.

In addition to Chapter 3519, I believe an unbiased reading of Blackwell and Spadafora and the many cases cited within them can only lead to the conclusion that R.C. 3599.14 and 731.36 apply to charter amendment initiative petitions. I have found no case law saying otherwise. If the city has not adopted the position that these two statutes apply to charter amendment initiative petitions it should do so immediately as there is a basis in law for doing so that is most certainly not frivolous and which might well lead the city to extend existing law.

Several sections of R.C. 3599.14 apply to the situation we face today:

(A) No person shall knowingly, directly or indirectly, do any of the following in connection with any ... petition presented to or filed with ... a board of elections, or any other public office ... for the purpose of submitting a question or issue to the electors at an election….

(1) Misrepresent the contents, purpose, or effect of the petition or declaration for the purpose of persuading a person to sign or refrain from signing the petition or declaration;

....

(7) Make a false certification or statement concerning the petition or declaration;

....

(B) Whoever violates division (A) of this section is guilty of a felony of the fifth degree.

The city is certainly aware that Christopher Smitherman, the president of the Cincinnati NAACP (the organization leading the petition drives), and other petition circulators, have knowingly, and directly, misrepresented the contents, purpose, and effect of their anti-passenger rail and anti-water district petitions. The obvious purpose was to persuade people to sign the petitions. [If the city claims to be unaware of these knowing and direct misrepresentations, I am willing to provide press releases, statements, audio clips and published writings from the NAACP, the Coalition Opposed to Additional Spending and Taxes (COAST), and individual petition circulators as proof.]

R.C. 731.36(A) provides:

No person shall, directly or indirectly:

(A) Willfully misrepresent the contents of any initiative or referendum petition.

Again, I am notifying the city that I have evidence that numerous people circulating charter amendment petitions have, directly and willfully, misrepresented the contents of the anti-passenger rail and anti-water district petitions.

To be fair, I am well aware that Justice Moyer, in concurring with the judgment only in Spadafora wrote:

The city council's authority to determine if all applicable statutory requirements have been met is not as broad as that of a board of elections or the Secretary of State. Council may not engage in judicial or quasi-judicial determinations of matters which are not apparent on the face of the petition or which require the aid of witnesses to determine.

That said, Justice Moyer was discussing a council’s authority and role after a charter amendment initiative petition has been filed. There is absolutely nothing to prevent council from conducting an investigation and having a hearing right now, before any petitions are filed.

The Council may engage in a quasi-judicial proceeding to determine if the people of Cincinnati (citizens they are sworn to protect) are being, and have been, lied to, misled, hoodwinked, and bamboozled by the petition circulators. If memory serves me correctly, Council has the power to administer oaths, and subpoena power to require the attendance of witnesses and/or the production of documents. Beyond depending on a report from the Hamilton County Board of Elections (an issue I address below), how can Council adequately perform its duty to determine the validity of charter amendment petitions? How can they know whether Cincinnati electors had the contents, purpose, or effect of the petitions misrepresented to them? I suggest that once Council is made aware that this conduct is occurring, they must act in a responsible way to find out if it is true. That requires a hearing with witnesses, testimony and evidence. Then, after the hearing, if Council is satisfied that the conduct is happening, it must charge the Law Department with going to court to stop the petition circulators from further engaging in the outlawed conduct. I believe Council would also be obligated to have the Law Department seek criminal prosecutions if the conduct clearly violated certain criminal statutes.

In addition to advising the mayor and members of city council of their legal duty, in my previous letter, I asked the Solicitor’s Office to advise the finance director[5] and the clerk of council[6] of their clear legal duties as they relate to charter amendment initiative petitions. In State ex rel. Watkins v. Quirk, the Ohio Supreme Court held that a municipal clerk of council has authority to invalidate all signatures affixed to referendum part-petitions where the part-petition on its face violates R.C. 3519.06(C). Are there any other clear legal duties that the clerk of council or finance director should be advised on? I don’t know. The city budgets over Six Million Dollars ($6,000,000.00) annually to the Law Department. The solicitors should research these things.

My last letter was specifically directed toward the City of Cincinnati; therefore, the Hamilton County Board of Elections was excluded from inclusion in it. Since I wrote my last letter, I have researched the issue and determined that the board has a role in determining the validity of charter amendment initiative petitions. Currently, at least to the best of my knowledge, the board limits challenges to whether signatures affixed to petitions are valid or not. If my understanding is accurate, this is a mistake by the board.

In Spadafora, the Supreme Court wrote:

Here, the board of elections rendered a report to the council which, in part, found (after a hearing) that Baker had in fact been compensated for circulating part-petitions. Certainly this is "satisfactory evidence" that on the face of the petition, there was a false statement. See R.C. 3519.06(C). Thus, city council not only had the right to reject the ordinance placing the proposed charter amendment on the ballot -- it had the duty so to do.

In the event that the clerk of council does not use her authority and invalidate all signatures affixed to the charter amendment petitions because on their face they violate R.C. 3519.06(c) or (d), the board must schedule a hearing and take evidence to determine if anyone circulating petitions, directly or indirectly, willfully misrepresented the contents of the petitions; misrepresented the contents, purpose, or effect of the petitions for the purpose of persuading people to sign the petition; and/or made a false certification or statement concerning the petitions.

The board cannot have a sham hearing; the hearing must be real, meaning the board must, at the request of the challengers, subpoena witnesses, compel the production of books, records, and other evidence, administer oaths, and take evidence. And if the evidence shows that the petition circulators felony crimes or otherwise broke the law, the board must not only turn them over to the Prosecutor’s Office and request their indictment, it must also render a report to the council with its findings.

If you have any questions or concerns, please feel free to contact me using the addresses or phone number listed above.

Sincerely,

Nathaniel Livingston, Jr.

cc:

Members of Cincinnati City Council
Melissa Autry, Cincinnati Clerk of Council
Joe Gray, Cincinnati Finance Director
Roshani de Soyza Hardin, Assistant City Solicitor and Chief Counsel
Christine Marie Zimmer, Assistant City Solicitor
Terrance Aloysius Nestor, Assistant City Solicitor
Richard Ganulin, Assistant City Solicitor
Members of the Hamilton County Board of County Commissioners
Patrick Thompson, Hamilton County Administrator
Members of the Hamilton County Board of Elections
Amy L. Searcy, Hamilton County Deputy Director of Elections

------

[1] A copy of that letter is attached.

[2] A copy of the e-mail is attached.

[3] 166 Ohio St. 301; 143 N.E.2d 127 (1957).

[4] 71 Ohio St. 3d 546; 644 N.E.2d 393 (1994).

[5] Joe Gray is the Cincinnati Finance Director.

[6] Melissa Autry is the Cincinnati Clerk of Council.

City Lawyer Won't Advise Council Of Their Clear Legal Duty

2009-06-24T21:26:00.001-04:00

Cincinnati City Solicitor John P. Curp

Readers of this blog know I sent a letter to Cincinnati Mayor Mark Mallory and City Solicitor John Phillip Curp last Wednesday. The thrust of the letter was to remind the solicitor -- the city's legal advisor -- of his duty to instruct the mayor and members of council of their clear legal duty to determine the validity of charter amendment petitions submitted to them for placement on the ballot. I suggested that council must determine whether people seeking to have charter amendments placed on the ballot have followed all applicable statutory requirements.

Curp had one of his assistant city solicitors research the issue and respond to my letter. They came up with an Ohio Supreme Court case from 1957[1] in which the court held that although Article II, Section 3 of the city Charter -- which covers placing charter amendments on the ballot -- provides that "the initiative and referendum powers ... shall be exercised in the manner provided by the laws of the state of Ohio" and Ohio Revised Code Section 731.32 requires anyone seeking to amend the charter file a certified copy of the proposed amendment with the city before circulating the petitions, that this law is not applicable to charter amendments because no law can be followed if it is inconsistent with some provision of the Ohio constitution and RC 731.32 conflicts with Sections 8 and 9 of Article 18 of the Ohio constitution.

Having researched the issue, the Mr. Curp's assistant city solicitor sent me an email reading:

Dear Mr. Livingston:

Thank you for your letter dated June 17, 2009. The Solicitor’s Office researched R.C. 731.32 based on your letter. Please note that the Ohio Supreme Court already disposed of the precise issue you raise. I am attaching the case for your review. Based on the case, the Solicitor’s Office will not be pursuing any action.

Thank you,

[name redacted]
Assistant City Solicitor

Here's the thing. In the case cited by the city, the Ohio Supreme Court stated (citations removed):

This court held in State ex rel. Hinchliffe v. Gibbons, that a petition proposing an amendment to the charter of a city, under the provisions of Section 9, Article XVIII, must be submitted to the city council, and that IT IS THE DUTY OF COUNCIL TO DETERMINE THE VALIDITY OF THE PETITION. See, also, State ex rel. Waltz v. Michell.

The very plain wording of Section 9, Article XVIII, places the duty to submit a proposed amendment to the electors upon the council and the council alone. It provides further that the submission shall be governed by the requirement of Section 8, Article XVIII, that the council shall provide by ordinance for the submission to the electors. It is clear that once a petition for a charter amendment containing sufficient valid signatures is filed with the council, the only body or person thereafter charged with any duty of submitting the question to the electors is the city council.

Some people believe Council has no role other than to rubberstamp charter amendment petitions presented to them. This is wrong. The Council has a duty to determine whether the petitions are valid.

To explain how council should determine whether or not petitions are valid, we jump ahead about 35 years from the case cited by the city to 1994. In State ex rel. Spadafora v. Toledo City Council (1994), the Ohio Supreme Court conceded that Ohio Revised Code Chapter 3519 -- which involves statewide initiative and referendum petitions -- is applicable to charter amendment petitions and a city council may invalidate signatures affixed to charter amendment petitions where the petitions violate R.C. 3519.06(c) or (d) on its face.

The opinion is relatively short so I'm posting the full text of the majority below (again with citations omitted and bold for emphasis):

In the case at bar, certain circulators (including William Baker) signed an oath on petitions that they received no compensation for their services as petition circulators. William Baker himself, the Lucas County Board of Elections and the Toledo City Council all now agree that Baker was paid to circulate the petitions and the oath of the circulators was false. In fact, it was decided by the board of elections not to refer Baker for criminal prosecution only because Baker requested TDR not to file the part-petitions in question. The petitions were, however, filed.

R.C. 3519.06(D) provides that "[n]o initiative or referendum part-petition is properly verified if it appears on the face thereof, or is made to appear by satisfactory evidence: * * * That the statement is false in any respect[.]" (Emphasis added.) Admittedly, R.C. Chapter 3519 involves statewide initiative and referendum petitions. However, in State ex rel. Watkins v. Quirk (1978), the court held that a municipal clerk of council does have authority to invalidate all signatures affixed to referendum part-petitions where the part-petition on its face violates R.C. 3519.06(C). We agree that R.C. 3519.06 may be applied to a municipal referendum petition. Here, the board of elections rendered a report to the council which, in part, found (after a hearing) that Baker had in fact been compensated for circulating part-petitions. Certainly this is "satisfactory evidence" that on the face of the petition, there was a false statement. See R.C. 3519.06(C). Thus, city council not only had the right to reject the ordinance placing the proposed charter amendment on the ballot -- it had the duty so to do.

Further, in State ex rel. Concerned Citizens for More Professional Govt. v. Zanesville City Council (1994), we said that "* * * it follows that the legislature [city council] need not make the submission [to the electors] unless satisfied of the sufficiency of the petitions and that all statutory requirements are fairly met." (Emphasis added.) See, also, State ex rel. Semik v. Cuyahoga Cty. Bd. of Elections (1993).

Clearly, one of the requirements of R.C. 3519.06(D) is that an initiative and/or referendum petition speak, on its face, the truth. That statute was clearly violated here and, accordingly, Toledo City Council had the right (and duty) not to submit the question, based on these petitions, to the electors of Toledo.

In consideration of the foregoing, the writ is denied and the cause is dismissed.

Writ denied and cause dismissed.

This is important because although R.C. 3519.06 deals with verification of petitions, and the case above dealt with the invalidation of a petition because the verification on the petition was false which made the entire petition untruthful, I think it can be argued, and a court would agree, that the Ohio Supreme Court's statement that "an initiative and/or referendum petition [is required to] speak, on its face, the truth," applies to all of the language in the petitions.

I also think the Court opened the door to other parts of the revised code to be used when challenging charter amendment petitions. For example, Ohio Revised Code 731.36(A) provides:

No person shall, directly or indirectly:

(A) Willfully misrepresent the contents of any initiative or referendum petition.

Now, this law is applicable to the charter amendment petitions unless some court finds that it conflicts with the Constitution. With all the evidence provided on this blog, can any one of you, my faithful readers, state, with a straight face, that the president of the Cincinnati NAACP, Christopher Smitherman, has not willfully misrepresented the contents of either of the two charter amendment petitions being circulated: anti-passenger rail and water works?

Is R.C. 3599.14 applicable to our situation? This law states:

(A) No person shall knowingly, directly or indirectly, do any of the following in connection with any ... petition presented to or filed with ... a board of elections, or any other public office ... for the purpose of submitting a question or issue to the electors at an election ...:

(1) Misrepresent the contents, purpose, or effect of the petition or declaration for the purpose of persuading a person to sign or refrain from signing the petition or declaration;

....
(7) Make a false certification or statement concerning the petition or declaration;

....

(B) Whoever violates division (A) of this section is guilty of a felony of the fifth degree.

Let's be honest. The petition circulators have repeatedly misrepresented the contents, purpose, and effect of their petitions, all for the purpose of persuading people to sign the petitions. That's against the law. And it makes the petitions invalid.

What can citizens concerned about justice do to stop Chris Smitherman and the Smart-Mouthed Little Punks? What can Council do? What steps may a citizen take to force Council to do their duty and determine the validity of the petitions? Unfortunately I'm out of time and can't finish this blog entry. But, I'll answer the questions for you soon (hopefully tomorrow).

----

[1] State ex rel. Blackwell v. Bachrach (1957), 166 Ohio St. 301, 2 O.O.2d 219, 143 N.E.2d 127

Streetcar Scare! 2 Dead In DC Red Line Train Crash

2009-06-22T20:37:00.002-04:00

Ok, Ill admit it. Several months ago I read a story by the Beacon Boyz discussing the possibility of someone pouring 2 quarts of motor oil on the tracks of the proposed streetcar and having the streetcar slide backward downhill!!! (See, "Two Quarts of Motor Oil: A Streetcar Nightmare?")

I wasn't alone in thinking the anti-streetcar propagandist were coming up with a bunch of ridiculously dangerous scenarios just to frighten the masses. After I read the story I had images of someone cutting the chain on a roller coaster at Kings Island and the terror it would cause!!!!!

Anyway, a few minutes ago I was reading the Washington Post online and saw a story about the Red Line crashing earlier today and 2 people being killed. The story said that there have been 3 crashes in the last 15 years. One time the train reportedly rolled backward downhill and smashed into another train. I think the story said 14 people were killed. [Update: Now that I'm online, I see the story said no such thing.]

This is the third serious Metrorail crash since 1996. The last fatal train crash occurred 13 years ago, when a Red Line train overshot the Shady Grove platform on an icy night and plowed into another train. The operator died. In November 2004, a Red Line train rolled backward down a steep stretch of track and smashed into another train at the Woodley Park Station. Twenty people were injured, but there were no fatalities.
The deadliest accident in the system's history before yesterday occurred in 1982, when a six-car Orange Line train bound for New Carrollton derailed near the Federal Triangle Station when an improperly aligned switch caused it to enter the wrong track. Three passengers were killed.

Now, Im not suggesting motor oil was involved in any of the train crashes in D.C. Nor am I saying that the Red Line train is comparable to the trains proposed for our city. And I don't think people should decide important issues based on their fears. (I predict that neither of the issues -- the streetcar or the water district -- will make it to the ballot.) I just find it interesting that when the question of train safety was raised, it was roundly dismissed as something undeserving of discussion. And now I want to know how safe are these streetcars.

----

I'm pretty sure there was also a train crash at the Louisville Zoo not so long ago that resulted in injuries, maybe even deaths.

The Cincinnati Black Blog can never support a transit system where Black people get on but they don't get off ... alive that is.

A Short Message To Yvonne Collins

2009-06-19T11:48:00.001-04:00

For as long as I remember, Yvonne Collins has been a nosey busybody and troublemaker. Lately she has been stalking me both in person and on the internet.

I consulted with an attorney who advised me to post a short message on this blog advising Yvonne that her attempts to communicate with me are unwelcome. That's what I'm doing.

Yvonne, this is my official and last warning to you. Do not attempt to communicate with me again. Do not send any more of your nasty, harassing and threatening messages to me.

I realize that you have a deserved reputation for publicly attacking men and then having sex with them. I understand that you've given oral sex to a married man -- that I will refer to as the radio guy -- after protesting against him and his radio station. This perverted adult version of what used to take place on the elementary school playground doesn't turn me on. I don't like you. I don't find you attractive. And I don't want any sexual favors from a nasty dirty slut like you.

If you don't want to wind up in a cell next to your friend you better LEAVE ME ALONE.

2009-06-17T07:13:00.004-04:00

June 17, 2009

TRANSMITTED VIA ELECTRONIC MAIL AND HAND-DELIVERY

Mark Mallory
Mayor
City of Cincinnati
Room 150
801 Plum Street
Cincinnati, Ohio 45202-5705

John P. Curp
Solicitor
City of Cincinnati
Room 214
801 Plum Street
Cincinnati, Ohio 45202-1985

Re: Notice of Lawsuit If City Acts On Proposed Charter Amendments

Greetings:

According to a CityBeat story dated May 26, 2009,[1] Cincinnati City Solicitor John P. Curp recently sent an e-mail to Attorney Christopher P. Finney notifying him that a lawsuit filed by Finney against the city "probably could've been avoided with a simple telephone call."

I write this e-mail in hopes of avoiding having to file a lawsuit against the city.

It has come to my attention that two petitions seeking to amend the Charter of the City of Cincinnati are currently being circulated. The circulators have announced their intention to file the petitions with the city by the end of the month.

The circulators purportedly are acting in accordance with Article II, Section 3 of the charter, which covers placing charter amendments on the ballot and provides, in relevant part:

The initiative and referendum powers are reserved to the people of the city on all questions which the council is authorized to control by legislative action; such powers shall be exercised in the manner provided by the laws of the state of Ohio.

The city has adopted its own charter but it does not contain an initiative and referendum provision for its own ordinances and other legislative measures beyond those provided above.[2]

The laws of the State of Ohio, specifically Sections 731.28 to 731.40, inclusive, of the Ohio Revised Code (R.C.), outline the manner in which the initiative and referendum powers are to be exercised by the people of Cincinnati on all questions which the council is authorized to control by legislative action, including amending the charter.

R.C. 732.32 reads:

Whoever seeks to propose an ordinance or measure in a municipal corporation by initiative petition or files a referendum petition against any ordinance or measure shall, before circulating such petition, file a certified copy of the proposed ordinance or measure with the city auditor or the village clerk.

Cincinnati doesn’t have an auditor, and it is not a village; therefore there is no city auditor or village clerk. The City does, however, have a finance director[3] who is the near equivalent to an auditor and a clerk of council[4] who is equivalent to a village clerk. Cincinnati Municipal Code Sections 103-1; 103-3; and 103-5 deal with provisions taken after it is determined that one or more ordinances or other measures are to be submitted to the voters for their approval or disapproval in pursuance of an initiative or referendum petition. All three sections refer to actions involving the clerk of council. That said, it is reasonable to infer that, when read together, the charter and laws require a person seeking to propose an ordinance or measure in Cincinnati by initiative petition to file a certified copy of the proposed ordinance or measure with the clerk of council before circulating such petition.

I have checked with Clerk of Council Melissa Autry’s office and Finance Director Joe Gray’s office and am informed that no certified copy of the proposed charter amendments have been filed with their offices. As best I can tell, certified copies of the proposed charter amendments haven’t been filed with anyone working for the city. Before circulating the two charter amendment petitions, the circulators failed to file a certified copy of the proposal with the city.

I’ve done a cursory search of court cases related to this topic and found Ohio courts have consistently held that R.C. 732.32 must be strictly complied with by city officers and those seeking to propose an ordinance or measure in a municipal corporation by initiative petition. (See, State ex rel. Lewis v. Rolston, 115 Ohio St.3d 293 and State ex rel. Barletta v. Fersh, 99 Ohio St.3d 295: “R.C. 731.32 does not expressly permit substantial compliance, so it requires strict compliance.”)

R.C. 731.28 reads:

Ordinances and other measures providing for the exercise of any powers of government granted by the constitution or delegated to any municipal corporation by the general assembly may be proposed by initiative petition. Such initiative petition must contain the signatures of not less than ten per cent of the number of electors who voted for governor at the most recent general election for the office of governor in the municipal corporation.

When a petition is filed with the city auditor or village clerk, signed by the required number of electors proposing an ordinance or other measure, such auditor or clerk shall, after ten days, transmit a certified copy of the text of the proposed ordinance or measure to the board of elections. The auditor or clerk shall transmit the petition to the board together with the certified copy of the proposed ordinance or other measure. The board shall examine all signatures on the petition to determine the number of electors of the municipal corporation who signed the petition. The board shall return the petition to the auditor or clerk within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition.

The board shall submit such proposed ordinance or measure for the approval or rejection of the electors of the municipal corporation at the next general election occurring subsequent to seventy-five days after the auditor or clerk certifies the sufficiency and validity of the initiative petition to the board of elections. No ordinance or other measure proposed by initiative petition and approved by a majority of the electors voting upon the measure in such municipal corporation shall be subject to the veto of the mayor.

As used in this section, certified copy means a copy containing a written statement attesting it is a true and exact reproduction of the original proposed ordinance or other measure.

Because the circulators failed to strictly comply with R.C. 731.32, the solicitor must inform the finance director, the clerk of council and all city personnel of their clear legal duty under the law, which means instructing them that they are not to accept for filing, or actually file, any petition seeking to amend the charter when certified copies of such petitions were not filed with the city before being circulated. In plain English, since the circulators failed to strictly comply with R.C. 731.32’s requirement to file certified copies of the ordinances or measures before circulating the petitions, the city cannot accept or file the petitions.

Needless to say, since the city cannot accept or file the petitions, the solicitor must instruct the finance director, the clerk of council and all city personnel that they are not to transmit either the petitions or a certified copy of the text of the proposed ordinances or measures to the board of elections.

If, by some act of chicanery, illegality, deviousness, ruthlessness, or other act, the circulators are able to outsmart the city and somehow get the petitions and a certified copy of the text of the proposed ordinances or measures transmitted to the board of elections, the solicitor must instruct the finance director, the clerk of council and all city personnel that they are not to accept the petitions, or any statement attesting to the number of such electors who signed the petitions, from the board.

Finally, the main duty of the solicitor is to be the legal advisor of the city government and of all of its agencies. The solicitor is charged with representing the city as attorney and counsel in all proceedings in which the city is a party before any court or any governmental commission having judicial power. As such attorney, the solicitor must advise the mayor and city council that they cannot, lawfully, pass an ordinance to submit to the electors any charter amendment if the circulators failed to strictly comply with R.C. 731.32.

The mayor is charged with presiding over all meetings of the council. The mayor is empowered to call a special meeting of the council. The mayor has veto power. The mayor is recognized as the official head and representative of the city for all purposes, except as provided otherwise by the charter, this includes recognition by the courts for the purpose of serving civil process.
The solicitor should provide the mayor and the members of city council with detailed written instructions on how to deal with this issue should the circulators insist on presenting their tainted petitions to City Hall.

I don’t know the city solicitor but I trust that he is a man of his word and will take all necessary steps to avoid forcing me to file a lawsuit to stop the city from moving forward on the two proposed charter amendments.

If you have any questions or concerns, please feel free to contact me using the addresses or phone number listed above.

Sincerely,

Nathaniel Livingston, Jr.

cc: Members of Cincinnati City Council
Roshani Hardin, Chief Counsel
Christine Zimmer, Assistant City Solicitor
Melissa Autry, Clerk of Council
Joe Gray, Finance Director

[1] http://www.citybeat.com/cincinnati/blog-728-city-coast-squanders-taxpayer-money.html.
[2] Cincinnati Municipal Code Sections 103-1; 103-3; 103-5; and 103-7 deal with actions to be taken after it is determined that one or more ordinances or other measures are to be submitted to the voters for their approval or disapproval in pursuance of initiative or referendum petitions.
[3] Joe Gray is the City’s Finance Director.
[4] Melissa Autry is the City’s Clerk of Council.

Flashback: Council Voted Against Putting Charter Amendment On Ballot

2009-06-16T21:08:00.001-04:00

Initiative won't go to ballot
The Cincinnati Post - Saturday, March 7, 1998
Author: Sharon Moloney

Cincinnatians will not get to vote this May on a Charter amendment which would have provided for the direct election of the mayor and four-year City Council terms.

Council voted 5-2 Friday against putting the issue on the ballot, despite the pleas of amendment supporters who said council should put the issue to the voters as a moral obligation. A majority of council members at the special meeting Friday said they did not feel they could go against the finding that the amendment did not have enough voter signatures . The Hamilton County Board of Elections, after a nine-hour hearing Thursday, found the petitions lacked 171 valid signatures to reach the total of 8,331 valid signatures , the amount required by Ohio law.

Still, council could have put the issue on the ballot on its own authority. But a majority of council members declined.

"If we do this, for every candidate and every issue that falls a few signatures short, there will be the appeal that the law should be disregarded," Council Member Todd Portune said. "We should reject that."

Voting against the ballot proposal were Council Members Portune, Dwight Tillery, Jeanette Cissell, Phil Heimlich and Tyrone Yates. Council Member Bobbie Sterne and Mayor Roxanne Qualls voted for it. Council Members Minette Cooper and Charles Winburn were absent.

Portune pointed out that even the supporters of the amendment , Cincinnatians for Charter Reform, did not disagree with the findings of the elections board. Supporters contended that the invalid signatures were the result of honest mistakes and said they thought that once the board pre-checked the petitions, they were safely on the way to the ballot.

What happened in this case is that opponents of the amendment , Republican activist Tom Brinkman and his attorney, Christopher Finney, searched for and found hundreds of questionable signatures on the petitions.

Despite the staff's preliminary approval of the petitions, the elections board is bound, in the face of challenges, to review all signatures and petitions questioned.

That's what the board did Thursday night, and it found at least 464 invalid signatures , enough to stop the issue from going to the ballot on its own. If council had ordered the issue to the ballot anyway, further court challenges almost certainly would have ensued.

David Crafts, chairman of Cincinnatians for Charter Reform, who has worked for four years to get a voting reform on the ballot, said he did not know what his group planned to do. He said there are no plans now to take the matter to court.

Finney said he was pleased with the outcome and told council during its meeting that he and others felt that the amendment was flawed because it made the issue of council term limits uncertain. Supporters disagreed with this assessment.

Some opponents also said the amendment would have weakened or eliminated the city manager form of government, but again supporters said that was not true.

The amendment would have provided for the direct election of the mayor, in a separate race from council , and would have given the mayor slightly more appointment power. Council 's two-year terms would have been extended to four years.

Flashback: COAST Blocked Charter Amendment

2009-06-16T20:48:00.001-04:00

POLITICAL PROS ARE NOT DAUNTED BY GRASSROOTS SENTIMENTALITY
The Cincinnati Post - Wednesday, March 11, 1998
Author: Sharon Moloney

Cincinnatians got a lesson in political hardball last week. It was the successful challenge to the proposed Cincinnati Charter amendment to directly elect the mayor. The issue was blocked from the May ballot, in a blow to its unsuspecting supporters who had worked for over four years to bring the issue to a vote. They were taken completely by surprise when just two days before the deadline for signatures and a place on the May ballot, a group of Republican activists called on City Councilto call off the vote, charging there were insufficient valid signatures to put an initiative on the ballot. The Hamilton County Board of Elections, after a nine-hour hearing in which they scrutinized hundreds of individual signatures and petitions, founquestion of fraud. The testimony of several petition circulators made clear what happened. It was a matter of mistakes, lack of training, and lack of knowledge of the petition process. One circulator, for example, said some signatures were counted twice becausethe signers firstimproperly printed their names, then signed them on a second line. There were incorrect dates and math mistakes improperly whited out; new numbers written over original numbers. Yes, it's a bit technical. It's also Ohio law. The technicer year.Radford, head of the AFL-CIO Labor Council , has supervised dozens of petition drives. He said his group has developed specific methods for correcting mistakes - after learning the hard way how damaging some mistakes can be. Despite the lack of valid sigew signatures short. Republicans know all about this. Back in 1992, similar technicalities involving petition errors resulted in the elections board throwing their 1st District congressional candidate off the ballot. The GOP pleas for the board to reinstatetheir arena not to forget such things either. In the present case, Republican Tom Brinkman and his lawyer, Christopher Finney, are long-time supporters of term limits and they feared - rightly or wrongly - that the proposed charter amendment would restart the clock on council term limits. They made these concerns known a long time ago; one of their lawyers even wrote a long letter outlining their concerns weeks before the signature deadline. To veterans like Radford, that warning would have set off like bells andwhistles. Leaders of the Charter initiative, however, thought because neither the Republican nor Democratic parties themselves were leading any particular opposition, they didn't have to worry. Sometimes you need a good dose of conspiracy theory. Especially if you're dealing with Finney, a man known for his tenaciousness. Finney himself would never have made such a mistake. In the event, when it looked like the reformers had enough signatures for the ballot, Finney & Co. moved. They went through every petition and signature with the equivalent of a fine-tooth comb and within two days had identified some 800 potential errors. Whatever you think of the ultimate result, it was a masterful job. It shows what hard work and a laser-like focus can do. There is also no question that it was disheartening for the amendment supporters. Some certainly view it as a defeat of a peoples' grass-roots effort. But there is a lesson here. If you're going to play with the political big kids, get ready to play hardball. The pros know the rules. And when the pros have a real interest in an issue, they're not going to let any sentimentality about ""grass roots"" get in the way.

Veteran Post reporter Sharon Moloney covers local politics.

Flashback: COAST Tried To Block Campaign Finance Ballot Issue

2009-06-16T20:41:00.003-04:00

Petitions reiewed for errors
Friday, August 3, 2001
The Cincinnati Enquirer

Anti-tax group seeks to block campaign-finance ballot issue

By Howard Wilkinson

An anti-tax group is working overtime to keep a Cincinnati charter amendment for partial public financing of city election campaigns off the November ballot.

Citizens Opposed to Additional Spending and Taxes (COAST) is combing through more than 300 petitions containing more than 11,000 signatures hoping to find enough flaws to prevent the campaign finance reform package from reaching the ballot.

"The law allows us to do this and we are going to do everything we can to see that this does not qualify for the ballot," said State Rep. Tom Brinkman Jr., the founder of COAST.

The anti-tax group is opposed to the campaign finance reform measure because it would include matching public funds for mayoral or council candidates who agree to a campaign spending limit.

"It's not only a waste of taxpayers' money it's an attack on free speech," Mr. Brinkman said.

Backers of the proposal argue the campaign finance reform package -- which includes limits on campaign contributions, as well as partial public financing -- is needed to bring the costs of running for office in Cincinnati under control and take away the perception that big money contributors are buying politicians.

Last week, Citizens for Fair Elections, a coalition of groups backing campaign finance reform, presented its petitions to the Hamilton County Board of Elections.

Elections officials verified that the group has more than the 6,994 signatures of registered Cincinnati voters it needs to make the ballot.

But elections officials only verify that the names on the petitions are those of registered voters. COAST members -- principally Mr. Brinkman and lawyers Chris Finney and David Langdon -- are going over copies of the petitions to see whether the circulators conformed to Ohio election laws.

Three years ago, some of the same COAST activists scrutinized petitions for a plan for direct election of the mayor and were successful in keeping the issue off the ballot.

Mr. Brinkman said they are looking for such things as petitions circulated by persons who are not registered Cincinnati voters or circulators who signed their own petitions.

In a hearing before the board of elections, Mr. Brinkman said, COAST could make an argument that all the signatures on those petitions should be thrown out.

If COAST officials find enough problems with the petitions, the board of elections could hold a hearing to determine whether the petitions are valid.

The board will advise Cincinnati City Council , which must vote by Sept. 7 for the issue to be on the Nov. 6 ballot.

Bill Woods, one of the organizers of the petition initiative campaign, said he is convinced that organizers took enough care briefing the nearly 100 petition circulators on how to do it properly that COAST will not be successful.

"We bent over backwards to follow all the guidelines," Mr. Woods said.

Public financing of city campaigns may become an issue in the mayoral race. Mayor Charlie Luken opposes it, while Charter candidate Courtis Fuller thinks it's a good idea.

City Denies Having Ability To Send Different Water To Specific Zip Codes Or Neighborhoods

2009-06-15T17:23:00.008-04:00

From: Meg Olberding
To: Nathaniel Livingston, Jr.

Mr. Livingston,

I have asked the experts who actually work with our water quality and distribution systems at the Greater Cincinnati Water Works to answer your questions. Below are their responses.

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From: Patty Burke
To: Meg Olberding

Meg,

The information for the answers below was provided by several GCWW professional staff members including the Assistant Superintendent of Water Quality and Treatment, Assistant Superintendent of Distribution, Assistant Superintendent of Supply and Assistant Superintendent of Commercial Services who provided information and/or reviewed the information contained in these answers.

Subject: A Few Questions About The Cincinnati Water Works

1. Can the Cincinnati Water Works send different water to different zip codes? Do they currently send different water to different zip codes? Does the technology exist to allow them to send different water to different zip codes? If the Cincinnati Water Works is sold to a private corporation or a Water District, what guarantees are there that the new owner won't purchase the equipment and technology to allow them to overcome any current limitations on the system (assuming there are currently any such limitations) and send different water to different zip codes?

Answer: Greater Cincinnati Water Works does not have the ability to send water to specific zip codes or neighborhoods. As stated in our 2008 Safe Drinking Water report, GCWW delivers water in an open distribution system:

“Greater Cincinnati Water Works (GCWW) supplies water from two sources….
· The Miller Treatment Plant treats surface water from the Ohio river. This plant supplies about 88% of the drinking water to GCWW’s customers
· The Bolton Treatment Plant treats groundwater from the wells in the Greater Miami Aquifer and is located in the southern part of Butler county. This plant supplies about 12% of the drinking water to GCWW’s customers
Water from the Miller and Bolton Treatment Plants is delivered to customers in an open distribution system, which means it is mixed in the water mains. The border on the map (in the report) is the dividing line under most typical operating conditions, although water from either plant may go miles beyond this border.”

2. Is the Cincinnati Water Works selling water to Africa or Florida? If the Cincinnati Water Works is sold to a private corporation or a Water District do you know of any plans to enter into an agreement with the continent of Africa or any country in Africa to sell them water? How about the State of Florida or any subdivision in Florida? Does the Water Works have the capability to send water to Africa or Florida? To your knowledge, does technology exists that would allow the Cincinnati Water Works to sell water to Africa or Florida? If the Cincinnati Water Works is sold to a private corporation or Water District is there anything to prevent the new owner from selling water to Africa or Florida?

Answer: GCWW is not selling water to Africa or Florida. GCWW does not have any practical means of sending water to Africa or Florida.

3. The Village of Indian Hill claims to own and operate their own Water Works. They pretend that they've done so since 1949. Are they lying? Mr. Smitherman stated on his radio show Saturday that he knows the Cincinnati Water Works is providing water to Indian Hill. The Black community trusts and believes Mr. Smitherman. Is it possible that the Cincinnati Water Works is secretly providing water to Indian Hill?

Answer: The Village of Indian Hill operates its own water utility and GCWW sells water to a few customers in the northern part of Indian Hill. GCWW also has a stand-by agreement for back-up water supply with Indian Hill and with many other communities in the region.

4. On treatment... does the Cincinnati Water Works currently add anything to the water that is sent to zip codes with large numbers of Black residents? Chlorine? Fluoride? Zinc Orthophosphate? Syphilis?! HIV? Novel influenza A (H1N1 flu virus)?

Answer: As indicated in the answer to #1, GCWW does not have the capacity to send different water to certain zip codes. As required by regulations, fluoride and treatment chemicals including chlorine are added to the water supplied to all customers.

5. How can you assure Black people that the City of Cincinnati is not now engaged, and will not in the future engage, in any act of domestic terrorism on them as was done during the Tuskegee experiments? What can you say, or what document can you provide, that will make Black people feel comfortable knowing that when they turn on their tap and pour a glass of water that the water will be the same water being sent to non-Black communities; it is safe to drink and give to their children; and it won't contain any additives, contaminants, pesticides, poisons, viruses, or germs intended to harm or kill them?

As stated in #1, GCWW does not have the capacity to send different water to different neighborhoods.

GCWW is highly regulated and monitored by the US Environmental Protection Agency and the Ohio Environmental Protection Agency. Our annual Safe Drinking Water Report is required by the Safe Drinking Water Act. This report contains required information and highlights our extensive water quality monitoring and state-of-the-art treatment process. GCWW performs more than 600 water quality tests each day to ensure high quality water. We are proud that Cincinnati water met or exceeded all state and national health standards in 2008, as it always has. The most recent Safe Drinking Water Report is available at http:/www.cincinnati-oh.gov/gcww

GCWW, like all water utilities in Ohio, must do a certain number of tests throughout the system and provide results to the Ohio Environmental Protection Agency which are available for public inspection. Failure to comply can result in criminal penalties.

6. In the interest of avoiding mass hysteria in the Black community from people afraid to drink the water because they think it may be poisoned, do you know if the Mayor of Cincinnati and/or the City Manager would be willing to sign a sworn affidavit attesting to the responses you provide to the questions above? Would they be willing to make a public statement declaring that the water is safe and will be safe if the Water Works is sold to a private corporation or Water District?

Water utilities are highly regulated and monotired by the US Environmental Protectin Agency and the Ohio Environmental Protection Agendy. Water utilities, public and private, must comply with all the requirements of the federal Safe Drinking Water Act. Failure to do so can result in criminal penalties.

7. Is there a reason why no one from the City or Cincinnati Water Works has, to date, sought to calm any fears in the Black community about the things stated on Mr. Smitherman's radio show?

As far as we know, these are the first questions GCWW has received about this.

8. Are you aware of any prohibitions against using radio airwaves to Induce Panic?

The City did not provide a response to this question.

An Open Letter To Mayor Mallory, City Council, Chris Smitherman And Justin Jeffre

2009-06-15T16:29:00.008-04:00

Greetings:

On June 12, 2009, Cincinnati GBLTQ activist Will Kohler was discussing the anti-passenger rail Charter Amendment petitions being circulated by the Cincinnati NAACP and asked the following:

Has there ever really been any attempt to an open dialouge (sic) between the NAACP and The City. Now I mean REAL dialouge (sic). Not both sides sniping and being angry with each other on issues. All posturing and obxoxiousness (sic) aside. Or does the NAACP run right to a petition? Does Smitherman ever make appointments to meet withg (sic) the Mayor and talk about issues. Or does he just call him out and demand his presebce (sic) to explain? [link]

Justin Jeffre is an active NAACP member who has attempted to arrange meetings between progressive groups in the city and Christopher Smitherman. [For example, see this where Jeffre wrote: "Progressive groups like Cincinnati Progressive Action and the Sierra Club. They requested a meeting with Mr. President and he rejected them."] In response to Mr. Kohler's question about Mr. Smitherman attempting a meeting with Mayor Mallory and the NAACP attempting a meeting with Council for the purpose of discussing the streetcar prior to launching the anti-rail petition, Mr. Jeffre stated:

Yes, the NAACP has met with council and Smitherman has met with the Mayor.

As you know, I publish the Cincinnati Black Blog. I often write about political issues. On behalf of my readers, I'd like you to consider this a request for public information. I'd like to be provided with any public documents that respond to the following questions:

1. In the last 12 months (since June 15, 2008), has Chris Smitherman, or anyone on behalf of Mr. Smitherman, submitted a meeting request form or other written or electronic request for a meeting with Mayor Mallory? If not, is there a phone record or calendar showing that Mr. Smitherman, or anyone acting on behalf of Mr. Smitherman, requested a meeting with Mayor Mallory? Is there a record of Mr. Smitherman attending one of Mayor Mallory's "Mayor's Night In" events?

2. Regardless of whether there is a record of Mr. Smitherman, or anyone on his behalf, requesting a meeting with Mayor Mallory, is there any record of Mayor Mallory actually meeting with Mr. Smitherman in the last 12 months to discuss the proposed streetcar? Please provide me with a copy of any meeting agenda, minutes, notes, and audio or video records from any such meeting.

3. If there was a meeting between Mayor Mallory and Mr. Smitherman, I'd like to know if the meeting was open to the public or if it was a private secret meeting. Where did the meeting take place? Who all attended the meeting? Was there any solicitation or lobbying at the meeting on behalf of Albert Smitherman, Jostin Concrete Construction Co, or Brewster Pumping? Are there any records of Mr. Smitherman registering as a lobbyist with the City of Cincinnati? When, exactly, did the meeting occur? Was it before or after Jostin Concrete submitted a proposal to have Jostin Concrete be a member of the Cincinnati Streetcar Construction Team as a Cincinnati Streetcar Development Partner?

4. Mr. Jeffre reports that the NAACP met with Council. As this was in response to a question about the NAACP attempting to meet with Council prior to launching their anti-rail ballot initiative, it is reasonable to imply that the NAACP met with Council to discuss the streetcar proposal. Where and when did this meeting or series of meetings occur? How many meetings were there? Did the meeting(s) take place in City Hall or at some as-yet-undisclosed location away from City Hall? Who from the NAACP attended the meeting(s)? Which members of Council attended? Did 5 or more members of Council attended the meeting(s)? Please provide me with a copy of any meeting agendas, minutes, notes, and audio or video records from any such meeting(s). At the meeting(s), was there any solicitation or lobbying by Chris Smitherman on behalf of Albert Smitherman, Jostin Concrete Construction Co, or Brewster Pumping?

5. In a News Release dated June 10, 2009, the City said it let out a Request for Qualifications ("RFQ") looking for a partnering organization that could perform as project manager of the proposed streetcar. As the Administration never intended for the City to be the builder and/or operator of the line, the plan was always to tap into the expertise from the international marketplace to find someone to serve as the Project Manager. Mr. Smitherman's brother, Albert, was somehow tapped to be a member of the construction team. Please provide me with any response to the City's Request for Qualifications submitted by, or on behalf of, Albert Smitherman, Jostin Concrete Construction Co, or Brewster Pumping. My readers would like to know how he came to be a part of the team.

As you probably know, Justin Jeffre is a former candiate for Mayor of Cincinnati and City Council. He is listed here as the owner/registrant of The Cincinnati Beacon -- a self-described "independent news source for Cincinnati, Ohio." As a respected member of the alternative and independent media, one must trust reports from Mr. Jeffre that appear on the Beacon news site. The Cincinnati Black Blog does not believe Mr. Jeffre was just making things up when he stated that the NAACP has met with Council and Mr. Smitherman has met with Mayor Mallory; we believe he had knowledge of these meetings and was telling the truth. In the name of openness and transparency, we now call upon you to release the details of any private secret meetings that have occurred.

Thank you,

Nathaniel Livingston, Jr.

Answers to "A Few Questions About The Cincinnati Water Works"

2009-06-14T12:28:00.002-04:00

The City's responses to The Cincinnati Black Blog are provided below. As suspected, the Cincinnati Water Works is incapable of sending different water to different zip codes as was recently claimed by Christopher Smitherman.

Jeffre: Smitherman Had Secret Private Meeting With Mallory

2009-06-14T12:22:00.002-04:00

Justin Jeffre is more than just a member of the Christopher Smithdroa fan club -- the Smart-Mouthed Little Punks -- he is the lead singer and chief propagandist. So when, in response to a question about why the NAACP didnt first meet with the mayor and city council before launching a petition drive to stop the streetcar, he reported that Smitherman had in fact held a secret private meeting with Mallory and the NAACP had met with Council, the Cincinnati has to take the report seriously.

When did this secret meeting occur? Was there a written agenda? If so, what topics were on the agenda? Was the meeting recorded or were notes taken? If so, the Cincinnati Black Blog wants a copy of those meeting notes.

When challenged about whether the alleged secret meeting actually ever occurred, Jeffre insisted that it did. Where he once implied that the purpose of the meeting was to discuss the proposed streetcar, under challenge Jeffre changed his tune and implied that no one beyond the meetings two participants knew what was discussed.

Readers of this blog know that Sillyman and Jeffre both have documented history of misstating basic facts and resorting to lies when faced with uncomfortable realities. That said, Jeffre may have been lying when he claimed that there was a secret private meeting between Sillyman and Mallory. He may have been lying when he first said that the meeting was to discuss the streetcar before the NAACP launched their anti-rail petition drive.

Then again, maybe Jeffre was telling the truth about the secret private meeting. If there was a secret private meeting to discuss the streetcar the public should be told what, specifically, was discussed. Was there a discussion of minority participation on the streetcar team. Did Chris lobby the mayor on behalf of his brother, Albert Smitherman, and his Jostin Concrete Construction Company?

And when did the NAACP meet with Council to discuss the streetcar? Which members of Council attended the meeting? Who from the NAACP was at the meeting? When and where was the meeting held? Was this the secret meeting exclusively reported on here at the Cincinnati Black Blog months ago? That report was based on a sighting from one of our sources who saw Jim Clingman and other NAACP members entering Councilmember Laketa Coles office and watched them coming out some time later. The SMLPs strongly denied our report. Now that, months later, Jeffre wants to make it appear that the NAACP acted reasonably and reached out to the mayor and Council before launching the anti-rail petitions, even going so far as having a meeting with Council to discuss the streetcar, he has raised new concerns that must be addressed.

Ohio law requires certain meetings of Council to be held in the open and to be open to the public. The NAACP has promised to operate in an open and transparent way. So there shouldnt be any problem finding out what happened in any secret private meetings between Chris and Mayor Mallory and the NAACP and Council.

Of course, if Jeffre was just lying again and there was no meeting between Chris and the mayor, Jeffre should admit that he made it up. The same thing is true about any made up meeting between the NAACP and Council.

The Smitherman Shakedown Explained

2009-06-11T17:51:00.001-04:00

Greg Alan Williams is the Black guy in the middle.

The Cincinnati Black Blog was the first to report that Christopher Smitherman's brother, Albert Smitherman, and his Jostin Concrete Construction Company and Brewster Pumping had joined the Cincinnati Streetcar Construction Team as a Cincinnati Streetcar Development Partner.

According to a press release sent out by the City of Cincinnati, the Cincinnati Streetcar Development Partners is "a consortium of 12 companies to serve as the Project Manager. They will perform the Design, Build, Operate, Maintain (“DBOM”) function, working with the City on the operating and financing plans, including securing federal funding, and being an on-the-ground presence over the next several years."

As you know, Chris Smitherman is president of the Cincinnati NAACP and they purportedly are leading a petition drive to stop the streetcar and all rail projects from happening in Cincinnati without there first being a vote.

In response to our report, Chris issued a press releases. Buried in the release was this:

The Cincinnati NAACP has been briefed that Jostin Concrete has joined the Mayor's streetcar team. The owner of Jostin Concrete is the brother of Cincinnati NAACP President, Christopher Smitherman. Citizens will have the opportunity to witness the integrity and commitment of President Smitherman, the Cincinnati NAACP leadership and membership. Jostin Concrete may have a great opportunity, however, building a "choo-choo" train is the wrong public policy direction for the masses of Cincinnatians. Smitherman says, "I deeply respect the independence of my brother's company. I am confident that the issue will be rejected in November."

The Cincinnati NAACP will continue to collect signatures for its streetcar petition and its water system petition with the same level of resolve.

The easiest way for me to explain what Christopher Smitherman and his brother Albert Smitherman are doing is to point you, my faithful readers, to an episode of one of my favorite TV series -- The Sopranos.

From Wikipedia:

"Do Not Resuscitate" is the fifteenth episode of the HBO original series The Sopranos and the second of the show's second season. It ... originally aired on Sunday, January 23, 2000.
....
When Tony learns that Massarone Construction is facing problems due to a lack of African American workers, which is causing several protests, he accepts Jack Massarone's offer to stop the dissent. Tony then sends in several mob associates to successfully "scare" the protesters away from the construction site. Tony later, visits Reverend James, Jr. [played by Greg Alan Williams], where it is revealed that he is in it with Tony. He arranges protests so the Soprano crew can break them up. The reverend states "My protesters would kill me if they knew I was lining my pockets with their blood."

Just as Tony Soprano played both ends against the middle in the construction dispute described above, Chris Smitherman is playing both ends against the middle here in the city.

Chris started hollering about lack of minority participation on the Banks Project and not enough Blacks doing business with the City of Cincinnati and the Regional Port Authority of Greater Cincinnnati. He sent his minions out to protest and ordered them to call talk radio shows parroting his talking points and to show up at mass mass mass rallies at City Hall. All of a sudden his Steven R. Love and the Port Authority went out recruited Albert Smithrerman to do $1.6 Million worth of work on a Port Authority project. [source 1, source 2]

Chris started pressuring the City to give more contracts to minority businesses and at the same time started gripping about the streetcar project and lo and behold Albert Smitherman gets picked to be a a Cincinnati Streetcar Development Partner.

No matter what happens with the streetcar, Chris, Albert and the Smithermans win. If the NAACP just can't get the signatures to put the issue on the ballot or the ballot issue fails, well Albert gets a big payday. And if the NAACP does put the issue on the ballot and it passes, Chris can add this to his list of bragging points. No matter what happens, the Black community won't be in a better condition because none of this is about advancing the Black community, its always been about advancing Chris Smitherman, his family and his friends.

A classic shakedown? Is Chris agitating agitating agitating so that Albert (and Jim Clingman) can line their pockets? I've reported the facts so that you can decide for yourself. If Chris is doing this so that Albert can line his pockets, would the Smart-Mouthed Little Punks kill Chris if they knew what he was doing?

I'd bet money that Chris is gonna get one hell of a Christmas present from Albert this year!

----

[I tried to find the Sopranos episode with Rev. James but couldn't find it on YouTube or any other free site.]

Smitherman Crazy Talk Could Get Someone Killed

2009-06-10T21:54:00.000-04:00

Buddy Gray with Michael Moore (Photo credit: Street Vibes)

Every since I got the link from Chris Smitherman's silly weekly radio show and listened to him inducing panic and stirring up his gullible followers I haven't been able to stop laughing, almost hysterically, every time I discuss what he said with anyone. That fool actually implied that one reason to oppose the sale of Cincinnati Water Works is because the company under the control of a private corporation or Water District might send different water to different zip codes and there might be something like syphilis in the water that gets pumped into the Black community.

So I'm laughing my black ass off earlier today when someone I respect stopped me and said, "Its ok to laugh at what he said but that sort of talk is irresponsible. You know why? Because some people are susceptible to agitation and they might believe what Smitherman said and go off and harm someone. Remember, the guy who killed Buddy Gray did so because he thought Buddy was pumping fumes into his apartment."

I do remember that.

For those of you who don't remember, or didn't live here, I went back and pulled up a story from the Cincinnati Post dated September 28, 2004.

The man who shot and killed a noted Cincinnati homeless advocate, but was found not guilty by reason of insanity, is in trouble again.

A Hamilton County grand jury Monday indicted Wilbur Worthen of assault, a first-degree misdemeanor carrying a maximum sentence of 180 days in jail.

Worthen, 64, is accused of punching social worker Vernon Cain in the throat June 25 of Summit Behavioral Healthcare, the Roselawn mental health facility where Worthen lives.

The indictment followed an investigation by the Ohio Highway Patrol.

Worthen was found not guilty by reason of insanity on Sept. 12, 1997, in the fatal shooting of homeless advocate Buddy Gray , head of the Drop Inn Center, in 1996. Worthen told police he believed Gray was pumping poisonous gas into Worthen's Over-the-Rhine apartment.

Smitherman Brother A Streetcar Development Partner

2009-06-10T20:53:00.003-04:00

The City of Cincinnati sent out a press release earlier today. Below are the first 5 paragraphs.

Cincinnati, OH ---Today, Cincinnati City Manager Milton Dohoney, Jr. announced a significant step in bringing streetcars to Cincinnati. Before a crowd of hundreds of streetcar supporters, Dohoney announced that the City Administration has chosen Cincinnati Streetcar Development Partners, a consortium of 12 companies to serve as the Project Manager. They will perform the Design, Build, Operate, Maintain (“DBOM”) function, working with the City on the operating and financing plans, including securing federal funding, and being an on-the-ground presence over the next several years.

“The Administration has been doing much work behind the scenes to determine the feasibility of streetcars in Cincinnati,” said Milton Dohoney, Jr. “Our conclusion is that streetcars can be built in Cincinnati and should be built in Cincinnati. The benefits of streetcars as a game changing agent for this city far outweigh any negatives.” The streetcar system is estimated to bring a 2.7:1 benefit to cost ratio and spur redevelopment of properties to bring more jobs and increased revenue to the city that can be used in all neighborhoods.

“Building a Streetcar will bring new businesses, new jobs, new housing, and new people to Cincinnati,” Mayor Mallory said. “Across the country, the cities that are growing are the ones that are taking on bold projects and investing in their future.”

The Administration let out a Request for Qualifications (“RFQ”) looking for a partnering organization that could perform as project manager. The Administration never intended for the City to be the builder and/or operator of the line. From the beginning, the plan always was to tap into the expertise from the international marketplace to find someone to serve as the Project Manager.

“What encouraged us about the response is several of the firms had both national and international experience,” said Dohoney. “We have digested information on where the streetcars will be made, community engagement, SBE participation, the design process, and developing the financing plan and operating plan. We are pleased to have chosen Cincinnati Streetcar Development Partners.”

Attached to the press release was a profile sheet on the Cincinnati Streetcar Development Partners. And what do I see on the bottom of the last page.

Construction Team
Josten (sic) Concrete Construction and its subsidiary, Brewster Pumping, will join the streetcar team, bringing their expertise gained from building some of the city’s best known structures, from projects at The University of Cincinnati to Cincinnati Children’s Hospital Medical Center.

Yes, while Chris Smitherman has you stupid niggas out working for free collecting signatures to put the anti-rail initiative on the ballot, he and his brother, Albert Smitherman, have been cutting a deal to get paid when the streetcars come to town. Albert Smitherman and Jostin Concrete Construction Company are on the Cincinnati Streetcar Construction Team.

Is Smitherman Inducing Panic With Conspiracy Talk?

2009-06-10T17:49:00.000-04:00

Most of you, my faithful readers, probably don't waste your Saturday afternoons listening to Cincinnati NAACP president Christopher Smitherman's radio show on WDBZ. I usually don't. That's why I'm grateful that someone else listens to the show every week and sends me a link (sometimes with a transcript) on Monday or Tuesday. Here's a link to last Saturday's show. What follows is a partial transcript.

(:40) Community, this is one of the most important issues that our community is facing. Very important that we not allow the transfer of our water system to a private entity. Think about that. Not even the numbers, the lack of transparency. And I’m not really a broad conspiracy person, but I do know and I’m well-read around the Tuskegee Syphilis Study. And those of you who have not read the Tuskegee Syphilis Study, read it. And it would open your mind to the possibilities of someone else controlling your water. Not because the Tuskegee Syphilis Study had anything to do with water, but it’s the extent that government is willing to go. I cannot believe that city council, the mayor, the city manager are even entertaining transferring our water system to a private entity. (May 23, 2009)

—-

(4:05) My quarterly (water) bill is $250 a quarter. I don’t want to get a $500 bill from this private company and then I can’t write them and ask them, “Why did my bill just double? What happened? What are you all doing? Who are you selling water to? Are you selling water to Africa? Are you selling water to Florida? Are you…?” Right now they’re providing water to Indian Hill, I know. They’re providing water to Norwood. I know Butler County. I know that they’re providing water to St. Bernard. I know where they’re providing water because the public entity must provide that information to the public. That we’re selling water to all of those different municipalities. But once it goes private, you lose that visibili… You don’t know who they’re selling it to and you don’t know how they’re treating your water. And I have a little conspiracy in my head related to the Tuskegee Syphilis Study. So don’t tell me that they can’t and won’t send different water to different zip codes. Oooh! Don’t tell me, you know, that that’s an impossibility that they won’t send different water to different zip codes. Because the government has engaged in this kind of behavior before.

The people want to know if the government is engaged in some sort of nefarious behavior!!! Don't fear. The Cincinnati Black Blog is on the case. We are doing a little investigation of our own. Earlier today, I sent an email to the City demanding some basic answers to some simple questions.

[Names and email addresses of recipients redacted]
As you know, I publish the Cincinnati Black Blog. I am researching a story on the Cincinnati Water Works and its possible transfer to a private corporation or Water District. Last Saturday, the president of the Cincinnati NAACP, Christopher Smitherman, made a number of alarming statements on his weekly radio show (which I'm sure is listened to by everyone at City Hall) that I believe might have scared a number of listeners. Since Saturday, I've heard the things stated by Mr. Smitherman repeated to me. This suggests to me that some people believe the things said by Mr. Smitherman are true. I have yet to hear anyone with the City respond to Mr. Smitherman's statements, even if only to deny them. The City's silence may cause some people to believe that what Mr. Smitherman said was true. (And for all I know he may be telling the truth. I won't know until the research is compiled and the investigation completed.)

Although I realize you are the City of Cincinnati's Chief Propagandist and any information you provide me may be tainted and unbelievable, I feel compelled to ask a few questions. I ask you to provide me with any public records to support your responses. My faithful readers will ultimately decide if they believe the information supplied by the City. I apologize in advance for asking these questions, but my readers have a right to have basic questions about their water answered.

That said, the following quote was made by Mr. Smitherman on his radio show last Saturday:

"My quarterly (water) bill is $250 a quarter. I don’t want to get a $500 bill from this private company and then I can’t write them and ask them, 'Why did my bill just double? What happened? What are you all doing? Who are you selling water to? Are you selling water to Africa? Are you selling water to Florida? Are you…?' Right now they’re providing water to Indian Hill, I know. They’re providing water to Norwood. I know Butler County. I know that they’re providing water to St. Bernard. I know where they’re providing water because the public entity must provide that information to the public. That we’re selling water to all of those different municipalities. But once it goes private, you lose that visibili… You don’t know who they’re selling it to and you don’t know how they’re treating your water. And I have a little conspiracy in my head related to the Tuskegee Syphilis Study. So don’t tell me that they can’t and won’t send different water to different zip codes. Oooh! Don’t tell me, you know, that that’s an impossibility that they won’t send different water to different zip codes. Because the government has engaged in this kind of behavior before."

1. Can the Cincinnati Water Works send different water to different zip codes? Do they currently send different water to different zip codes? Does the technology exist to allow them to send different water to different zip codes? If the Cincinnati Water Works is sold to a private corporation or a Water District, what guarantee is there that the new owner won't purchase the equipment and technology allowing them to overcome any current limitations on the system (assuming there are currently any such limitations) and send different water to different zip codes?

2. Is the Cincinnati Water Works selling water to Africa or Florida? If the Cincinnati Water Works is sold to a private corporation or a Water District do you know of any plans to enter into an agreement with the continent of Africa or any country in Africa to sell them water? How about the State of Florida or any subdivision in Florida? Does the Water Works have the capability to send water to Africa or Florida? To your knowledge, does technology exists that would allow the Cincinnati Water Works to sell water to Africa or Florida? If the Cincinnati Water Works is sold to a private corporation or Water District is there anything to prevent the new owner from selling water to Africa or Florida?

3. The Village of Indian Hill claims to own and operate their own Water Works. They pretend they've owned and operated their Water Works since 1949. Are they lying? Mr. Smitherman stated on his radio show Saturday that he knows the Cincinnati Water Works is providing water to Indian Hill. He said he knows this to be true because the Water Works is a public entity that must provide information to the public. His comments imply that he has some public information from Water Works confirming his believe that the Cincinnati Water Works sells or provides water to the Village of Indian Hill. The Black community trusts and believes Mr. Smitherman. Is it possible that the Cincinnati Water Works is secretly selling or providing water to Indian Hill and Indian Hill is lying about this on their website?

4. On treatment... does the Cincinnati Water Works currently add anything to the water that is sent to zip codes with large numbers of Black residents? Chlorine? Fluoride? Zinc Orthophosphate? Syphilis?! HIV? Novel influenza A (H1N1 flu virus)? Anything not listed? (Please don't bother telling me that Syphilis, HIV and Swine Flu can't survive being transmitted through water. Just answer the question.)

5. How can you assure Black Cincinnatians that the City of Cincinnati is not now engaged, and will not in the future engage, in any act of domestic terrorism on them? Assuming you don't deny that the United States government participated in the syphilis study at Tuskegee, what can you say, or what document can you provide, that will make Black people feel comfortable knowing that when they turn on their tap and pour a glass of water that the water will be the same water being sent to non-Black communities; it is safe to drink and give to their children; and it won't contain any additives, contaminants, pesticides, poisons, viruses, or germs intended to harm or kill them?

6. In the interest of avoiding mass hysteria in the Black community from people afraid to drink the water because they think it may be poisoned, do you know if the Mayor of Cincinnati and/or the City Manager would be willing to sign a sworn affidavit attesting to the responses you provide to the questions above? Would they be willing to make a public statement declaring that the water is safe and will be safe if the Water Works is sold to a private corporation or Water District?

7. Is there a reason why no one from the City or Cincinnati Water Works has, to date, sought to calm any fears in the Black community about the things stated on Mr. Smitherman's radio show?

8. Are you aware of any prohibitions against using radio airwaves to Induce Panic?

Thank you for your time and attention.

Nathaniel Livingston, Jr.

I'll let you know what kind of response I get from the City.

Water Works Petition

2009-06-08T19:01:00.004-04:00

You, my faithful readers, asked to see a copy of the Water Works petition. For some strange reason, neither the Cincinnati NAACP (remember when they were going to operate with transparency!) nor their media mouthpieces would make it available to you. I guess they don't think you need to read it. But don't worry! The Cincinnati Black Blog obtained a copy and is happy to share it with you. If you have problems reading the petition click here for a copy uploaded to docstoc.com.

Former Bailiff Damon Ridley Indicted

2009-05-29T00:03:00.002-04:00

I hate these stories! But according to court records and this story in The Cincinnati Enquirer, Judge John Andrew West's former bailiff, Damon Ridley, has been indicted and charged by the Grand Jury with Theft in Office, Bribery, and Attempted Bribery. He is facing up to eight years and accused of taking $1,000 to change a case in Judge West's courtroom.

Mr. Ridley is innocent until proven guilty and I just don't want to believe that he did it. This is one of the good guys. He kept his nose clean. He worked for a prominent judge. He was a volunteer basketball coach. He is only 38 years old. And now he has to hire a lawyer, which is going to cost him thousands of dollars, and defend himself against the charges. I don't know what he does for a living, but he will now have to devote his time to fighting from becoming a convicted felon, a label no one wants.

Whether he wins or not, there are some people who, despite the fact that Barack Obama is President of the United States, still look at Black people as criminals. This only feeds the ignorant stereotype.

City: Smitherman Wrong About Garbage Collection Being Privatized

2009-05-27T10:27:00.007-04:00

Yesterday in "New Smitherman Lie: Rumpke Collects City Garbage," I reported that Chris Smitherman falsely claimed on his weekly radio show that the City of Cincinnati had privatized its garbage collection services. I knew this was just another lie told by Chris the Sillyman, but I wanted to make sure so I contacted our old friend Joseph S. Charlton, who serves as the city's Environmental/Solid Waste Coordinator. After apologizing for wasting his time with such a dumb question that I already knew the answer to, I asked him if the City had privatized any of its garbage collection activities. Without hesitation, he answered "no." The City still collects garbage and yard waste and there is no plan to privatize these services in the future.

Curiously enough, instead of admit that their Dear Leader was wrong, the brainwashed Smart-Mouthed Little Punks have attempted to explain away his lie. They can't accept the fact that Sillyman was wrong. In the comments, they've written:

Have you seen any city dumpster trucks lately? In fact several city dumpster truck drivers. Went to Rumpke after Cincinnati cut this service.

And....

Lots of businesses and apartment buildings use private waste collectors, but I'm not sure what Smitherman's point is?

The City hasn't cut the service, they still collect trash and yard waste; I have seen city garbage trucks lately; and Sillyman clearly wasn't talking about private waste collectors hired by private businesses he was lying about city garbage collection. This is just one in a long stream of lies he's told.

The Cincinnati Black Blog has a message for Sillyman and the SMLPs:

STOP LYING!!!!!!!!!!!

Smitherman Went Bonkers Again Last Saturday

2009-05-27T10:22:00.000-04:00

Christopher Smitherman

Yesterday I told you I hadn't yet received my weekly audio link of Chris Smitherman's show. Well, I got it last night and its a doozy. (Click here to listen to excerpts and read a partial transcript or here for the entire show.) I don't know how he packs so much foolishness into 90 minutes! If you didn't listen, here's what you missed.

Smitherman compared the alleged "privatization" of Cincinnati Water Works to a regional public water district to the Tuskegee Syphilis Study.

Phone-in caller Joyce said recent criticism of the Cincinnati NAACP's petition-collecting is "almost like a lynching."

Smitherman stated that members of Cincinnatians for Progress* will be judged and "rebuked" by history because they criticized the Cincinnati NAACP's politicies.

Smitherman called Cincinnati council member Leslie Ghiz "Un-American." Later in the program, he said her logic is "like all over the place." [Now isn't that the pot calling the kettle black.]

Smitherman told caller Yvonne Collins or "Lady Crazy" that unidentified parties intend to take control of Cincinnatian's Metropolitan Sewer District.

Smitherman said: "I'm terrified...I can't live without water. I want to know everything I possibly can about what's going on with my water."

Smitherman claimed the city of Cincinnati's garbage collection services "went private."

* http://cincinnati.bizjournals.com/cincinnati/stories/2009/05/25/story2.html

The Cincinnati Black Blog is grateful to our anonymous source for sending us the audio links. THANK YOU!

COAST Denied Temporary Restraining Order

2009-05-26T18:08:00.004-04:00

CityBeat writer Kevin Osborne has a blog up titled "City: COAST Squanders Taxpayer Money."

Cincinnati’s solicitor says an anti-tax group is wasting taxpayer money by filing a federal lawsuit against the city without first contacting its Law Department to resolve the alleged violations outside of court.

In an e-mail sent to Chris Finney, an attorney who represents the Coalition Opposed to Additional Spending and Taxes (COAST), City Solicitor John Curp wrote that the lawsuit probably could’ve been avoided with a simple telephone call.

And here we thought conservative groups like COAST hated “frivolous lawsuits” and always pushed for tort reform.

So why didn't COAST's lawyer Christopher P. Finney contact the City to see if they couldn't resolve the issue prior to filing the lawsuit and request for a restraining order? Maybe because there's no publicity in that.

Finney submitted a 40-page legal brief seeking a temporary restraining order (TRO) and a permanent injunction to stop such interruptions, as well as attorneys’ fees. COAST filed the suit in conjunction with the Buckeye Institute, a right-wing think tank in Columbus.

The lawsuit comes at a time when City Hall is facing a $40 million deficit by year’s end due to stagnant tax revenues.

City attorneys successfully opposed the TRO request Friday; a hearing on the suit’s merits hasn’t yet been scheduled.

The Buckeye Institute?! I could write a book on that outfit.

Here is an issue that involves fundamental civil rights. The NAACP is supposedly "leading" the petition drive. So why isn't the NAACP or its PRESIDENT Chris Smitherman involved in the lawsuit?

I may ask the federal court to allow me to join as a plaintiff in the lawsuit to once and for all get the city to stop infringing on citizen's free speech rights on Fountain Square. If memory serves me correctly, the city solicitor's office warned Council numerous times that since Fountain Square had been declared a traditional public fora they could not give control over to 3CDC and then stop allowing people to exercise their free speech rights on the square. Even though I dislike their message -- we hate President Obama -- there is no way that the Tea Party people should've been charged thousands of dollars to hold a rally on the square, especially when free speech on the square has always been free of charge.

Smitherman's First NAACP Lawyer Says Stop Constant Referendums

2009-05-26T17:37:00.000-04:00

The Black guy is former NAACP Chair of Legal Redress Robert Richardson, Jr.

This is very interesting!

Robert Richardson, Jr. helped Chris Smitherman orchestrate a hostile takeover and coup d'état of the Cincinnati Branch of the NAACP. Chris the Sillyman rewarded Richardson by appointing him his first NAACP Attorney and chair of the Legal Redress committee, a position now occupied by white attorney Christopher P. Finney of COAST.

I've written many times about the multiple connections between Sillyman and the Richardson family. In this blog entry, I wrote:

[Robert's dad, Robert Richardson, Sr., past president of the Cincinnati AFL-CIO Labor Council, used to be a member of the NAACP Executive Committee. In fact, the whole Richardson family supported Sillyman's hostile takeover of the NAACP from Edith Thrower. And the Richardsons were all elected or appointed to serve on the Executive Committee. Sherrie Richardson, Robert's wife, is the group's secretary. (source, source) My sources are everywhere! They've been feeding me information about the split between Sillyman and the Richardsons for months. There are many reasons why Robert the father and Robert the son aren't actively involved in the NAACP anymore. Before I give you the full story, I need to confirm a few things.]

So, now comes the Cincinnati Business Couier to report that Richardson has hooked up with Bobby Maly and Joe Sprengard to form a new group called Cincinnatians for Progress:

As far as Rob Richardson, Bobby Maly and Joe Sprengard are concerned, the streetcar ballot initiative isn’t about the city’s $200 million streetcar proposal, not at all.

The ballot language would require a majority vote of the people before Cincinnati city government could proceed with any kind of passenger rail service or planning throughout the city. And that, they argue, could stop economic progress dead in its tracks.

“We can’t limit the ability of the city to even entertain different forms of transportation,” said Richardson, a lawyer who worked locally on Barack Obama’s presidential campaign. “This is really about being a city that’s economically competitive.”

Meet Cincinnatians for Progress, a new organization with broad support from the city’s political establishment.

Its goal: to defeat the anti-streetcar measure and put the brakes on the steady stream of ballot measures that have second-guessed decisions of Cincinnati City Council and the Hamilton County commissioners in recent years.

Richardson, Maly and Sprengard are co-chairmen of the new group. Cincinnati Mayor Mark Mallory is honorary chairman. And already, the group has the support of seven of nine city council members, Hamilton County Commissioner Todd Portune, Ohio Sen. Eric Kearney, the Charter Committee of Greater Cincinnati and the Cincinnatus Association.

Just a few months in the making, the group already has raised $50,000, mostly in small contributions from grass-roots supporters, said Maly, vice president of development for Model Group, the local construction, management and development firm.

And Cincinnatians for Progress is even getting support from some people who oppose the streetcar project, because they don’t think a public vote on every major rail transit project is the right way to govern, said Sprengard, an economic development consultant with KMK Consulting Co. LLC.

“We’ve got a real unique opportunity here to unite people,” he said.

I'm always for anything that will UNITE Cincinnati. :)

What does it say when Sillyman has gone so far that his first lawyer is heading a group whose very goal is not only to stop the anti-passenger rail movement, but also to stop Sillyman from turning Cincinnati into a mini version of California -- a state that has become ungovernable? We live in a representative democracy, not a true democracy and in our system the people don't get to vote on everything. That's the way it is. When you have a system where people get to vote on everything, you have chaos.

Article II, Section 1 of the Charter of Cincinnati (our city's constitution) states: "All legislative powers of the city shall be vested, subject to the terms of this charter and of the constitution of the state of Ohio, in the council." We elect Councilmembers every two years. If we don't like what they are doing, we have the power to vote them out. The people didn't like what Sillyman was doing, so they threw him off Council. If there were really all of this displeasure with Council, we'd have a big change on election day.

People need to realize that Sillyman wants to be the 10th member of Council and the 2nd Mayor of Cincinnati. Since the Charter only provides for 9 members of Council and 1 mayor, and Sillyman can't trick the people into putting him back on Council, he hijacked the NAACP and turned it into his own political action committee. The NAACP no longer deals with civil rights, it is all about politics and advancing Chris's agenda.

The last few days, some people have been running around claiming that there is a Constitutional right to vote on every damn thing that Chris the Sillyman objects to. There is no such right in the Constitution. And as I've already pointed out above, we the people vest all legislative power in the Council.

Now, the Charter does allow us citizens to change the Charter and even throw out a law passed by Council. Article II, Section 3 of the Charter states: "The initiative and referendum powers are reserved to the people of the city on all questions which the council is authorized to control by legislative action; such powers shall be exercised in the manner provided by the laws of the state of Ohio." Like everything else, when someone abuses a priviledge, they run the risk of having it taken away from everyone. It looks like plans may be underway to change the way Charter Amendments and Referendums are placed on the ballot.

Chris the Sillyman should understand the concept of changing the rules in the middle of the game. When he was on Council, former Mayor Charlie Luken didn't like citizens exercising their right to free speech during Council meetings so he changed the rules. There was no Constitutional right to speak at Council meetings but Council couldn't legally extend the privilege to certain citizens but deny it to others. There also was no right to have the cameras turned on during citizen's addresses to Council. The rules were changed and Sillyman didn't fight to stop them. He also didn't fight when the rules were arbitrarily enforced and people were allowed to say things like God Bless Cincinnati but not allowed to say God Damn Cincinnati. (Government can't punish or prohibit speech that it doesn't like.)

Right now, to place a Charter Amendment on the ballot, you either need to get 6 members of Council to vote to place it on the ballot or you need 10% of the people who voted in the last municipal election (or an amount equal to 10%), which right now is about 6,150 people. This may be increased to 20% or 25%. And this would be terrible. But if it comes to pass, we can blame Sillyman for overusing this tool and abusing the process. You shouldn't change our city's constitution all the time.

There is also a way to strike down individual laws passed by Council. This process works a lot like the process used to challenge a tax increase by the County Commissioners. There is a short window of time and a lot of signatures needed. This is probably the more appropriate solution to fight the proposed streetcar, but it is harder to get the needed signatures in the alloted time.

Chris the Sillyman is mad about Richardson's new group.

Group faces opposition

Christopher Smitherman, for one, is not impressed.

Smitherman, a former city councilman who is president of the Cincinnati chapter of the NAACP, is a leader of the We Demand A Vote coalition gathering signatures to put the streetcar measure on the ballot. The group needs 6,150 valid signatures to get the measure on the ballot and was more than halfway there even before its formal launch of the petition drive May 21, Smitherman said.

“The probability of the issue going on the ballot is 100 percent,” Smitherman said. “I’m telling you, the streetcar’s going down.”

The streetcar ballot measure marks the fourth time the We Demand A Vote coalition has taken an issue to the ballot....

“I hear time and again, ‘Well, this isn’t the most effective way to legislate,” said Jason Gloyd, chairman of the Coalition Opposed to Additional Spending and Taxes, another member of the We Demand A Vote coalition. “But the problem is when you have elected leaders that time and again choose to not listen to the citizens, then we have no choice but to petition our government.”

Cincinnatians for Progress and their supporters don’t see it that way.

Yes, citizens have a right to petition their government, said Cincinnati Council member Roxanne Qualls.

“On the other hand, there is a reason people elect folks to office,” said Qualls, a Cincinnatians for Progress supporter. “And it has the potential to really undermine decision-making in general.”

Can’t use popular support as litmus test
Councilman Chris Bortz, another supporter, puts it this way: “You only need to look to California to see what happens when the referendum rules. Real chaos ensues.”

Bortz argues the string of ballot initiatives already is having an impact. Some council members, he said, have been watching poll numbers to make decisions rather than studying complex issues and doing what they think is best for the city long-term.

“When popular support is your litmus test, then you may be forsaking making important strategic decisions for the long term, and you’re in this immediate gratification zone,” Bortz said.

But Smitherman said council needs to be more in touch with residents, and he suspects the new group is out of touch, too.

“Our membership continues to grow,” he said. “And we continue to not only get the issues on the ballot … but we’re actually winning it.”

COAST is a Republican group. Their goal is to make a mockery of the process and make the city ungovernable by the Democrats. Since they can't defeat Democrats on election day, they settle for ballot initiatives. I happened to agree with them on the jail tax and the red light camera issue, both of which were stopped. I disagreed with proportional representation because it would've weaked what little political power we have as Black people. That said, a charter amendment is the appropriate vehicle to change the way we elect members of council. It is not appropriate to use a charter amendment to stop red light cameras or passenger rail.

While Smitherman Talks, Black Leaders Offer Solutions

2009-05-26T17:20:00.000-04:00

Sean Rugless

Back in April, in a story titled "NAACP, ministers blast city council," the Cincinnati Enquirer reported:

[Mayor Mark] Mallory acknowledges there has been a problem with minority contracts and has appointed a group called OPEN Cincinnati - "Opportunities for Public Engagement Network" to help minority businesses get a larger slice of the pie.

The group, which is chaired by Sean Rugless of the African-American Chamber of Commerce, has met once, according to Jason Barron, Mallory's spokesman. They will submit a report in May.

Notice that the Enquirer focused on the negative -- NAACP, Baptist Ministers blast Council -- instead of the positive -- OPEN Cincinnati assessing the problem and working on a solution.

Well, May is here and it seems that OPEN Cincinnati is prepared to submit their report.

The lead story in this week's Cincinnati Herald is titled "Doors to 'Open' for minority contracts." The first paragraph reads:

Opportunities for Public Engagement Network (OPEN) Cincinnati is an initiative of the Greater Cincinnati and Northern Kentucky African American Chamber and the City of Cincinnati aimed at accelerating inclusion outcomes for the City's SBE program in a manner that more fully engages minority businesses in the City of Cincinnati's public spending contracts. Over the past several months there has been a lot of discussion and dissatisfaction with the rate at which minority businesses contract with the city.

Instead of just throwing temper tantrums and holding meaningless "no confidence" votes, the Black Chamber worked with the city, the Urban League of Greater Cincinnati, the Hispanic Chamber, minority businesses, representatives of the faith community, inclusion experts and others and they all crafted a solution.

According to the Herald:

The desired outcome from the OPEN Cincinnati process is to make specific and practical recommendations for short-term changes to the City of Cincinnati's Small Business Enterprise program aimed at accelerating substantive participation of minority owned firms.

The Cincinnati Black Blog applauds OPEN Cincinnati for doing the hard work that some certain other local self-proclaimed leaders either won't do or don't know how to do. Readers of this blog know that Chris Smitherman and the Smart-Mouthed Little Punks believe talking = solving problems. Thank God Cincinnati is blessed with a few real Black leaders who know better. [We hope the mentally-unstable egomaniac doesn't go berserk and call for another boycott of the Herald for publishing their story on OPEN Cincinnati.]

----

Why hasn't there been a follow-up story on OPEN Cincinnati in the Cincinnati Enquirer? Why haven't CityBeat or The Cincinnati Beacon addressed this issue? The Enquirer and Beacon publish every damn press release they receive from Chris the Sillyman. Why wouldn't they do a story on this coalition of credible Black leaders?

----

To read the rest of the story, go to the store and pay 75¢ for a copy of this week's edition of the Cincinnati Herald.

New Smitherman Lie: Rumpke Collects City Garbage

2009-05-26T12:23:00.002-04:00

Chris Smitherman

[Update: The audio link is posted here. The City confirmed that garbage collection has not been privatized.]

A source usually sends me an audio clip of Chris Smitherman's weekly radio show. I normally receive it by Sunday afternoon or Monday night at the latest. I haven't received my link from last week's show yet, therefore, I'll have to do this blog entry based on memory.

I actually listened to Chris's show last Saturday. I heard him lie to WDBZ listeners. He said the City of Cincinnati privatized garbage collection/pick up. He identified Rumpke as the company awarded the contract to collect the garbage. Then he complained about the high garbage collection rates.

None of this is true. Chris Smitherman just made stuff up!

Chris Smitherman wants people to be against the privatization of the Cincinnati Water Works, even though there is apparently no proposal to privatize the Water Works. To build fear, Chris made up the stuff about garbage collection being privatized in the city and attempted to scare people into thinking privatization of the Water Works would lead to higher water rates.

Now, privatization of the Water Works may or may not lead to higher rates. And it may be good to oppose privatization of Water Works. Neither of those are the issue. The issue is, the City of Cincinnati has not privatized garbage collection and Chris should stop lying all the time.

Paging General Nikki X

2009-05-26T11:34:00.002-04:00

The Cincinnati Black Blog is sending this page out to Black Fist General Nikki X.

A very interesting article appeared on the Black Fist Blog recently titled "Cincinnatians For Progress?"

Please email current contact information to natelivingston@yahoo.com.

NAACP National: Cincinnati Branch is 501(c)(4)

2009-05-20T22:05:00.003-04:00

Chris Smitherman and the Cincinnati branch of the NAACP are going to get the NAACP National Office in a lot of trouble. They may even cause the IRS to revoke the National Office's 501(c)(3) status.

I spoke with an officer from the NAACP National Office two days ago. They acknowledged receipt of my complaint to the IRS and answered one of the questions raised in it: they told me all NAACP branches (also referred to as "Units") are organized under section 501(c)(4) of the Internal Revenue Code; they are not 501(c)(3)s.

According to the "NAACP Unit Financial and Bookkeeping Guide" ("the Guide"):

All NAACP Units have been designated 501(c)(4) organizations

Only the National Office is a 501(c)(3) organization

This seems pretty clear and straightforward. Although they say the Units are 501(c)(4)s, I'm not so sure the Units know this or agree to operate like 501(c)(4)s.

[I think you, my faithful readers, know that The Cincinnati Black Blog trusts the NAACP National Office, but understands that information must be verified. Verification will require inspection of the Cincinnati NAACP's completed Application for Recognition of Exemption Under Section 501(c)(4) of the Internal Revenue Code and the IRS's Letter of Determination recognizing the Cincinnati NAACP's 501(c)(4) exempt status. (Both of these important documents are required to be kept in the organization's permanent records and must be made available at the organization's principal office during regular business hours. The Cincinnati Black Blog has requested copies of the documents. If the NAACP National Office refuses to release them, they will be obtained from the IRS. The NAACP probably won't give us a hard time because they know that a non-profit organization's refusal to make these documents available for public inspection and copying would constitute a further violation of the Internal Revenue Code and would, of course, be forwarded to the IRS.)]

What's the difference between a 501(c)(3) and a 501(c)(4)?

The NAACP Washington Bureau has published a handy-dandy guide to legislative advocacy. There are many fascinating things in the guide, including the following tidbit from p.36 explaining the difference between 501(c)(3)s and 501(c)(4)s: "The primary distinction between a 501(c)(3) and a 501(c)(4) is that donations to a 501(c)(3) are tax-deductible; donations to a 501(c)(4) are NOT tax-deductible; both are, however, non-profit organizations."

If the Cincinnati NAACP is a 501(c)(4) organization doesn't that mean that donations to the organization are NOT tax-deductible?

You mean donations to the Cincinnati NAACP are NOT tax-deductible?! That's what the National Office is saying if they are saying all branches are 501(c)(4)s. Are people being told this when they pay their $30 membership? How about when they are asked to attend the annual Freedom Fund dinner? How about when they are asked to make a donation to the organization? You be the judge.

Is Chris Smitherman, the self-proclaimed "financial planner," soliciting donations and misleading people to believe they are tax-deductible?

That NAACP Unit Financial and Bookkeeping Guide ("the Guide") states on p. 13 in bold and italicized font: "Contributions to 501(c) (4) organizations are not deductible for Federal income tax purposes as charitable contributions".

On p. 15, right under the bullet point marked "Freedom Fund Dinner and all fundraising events," the Guide states: "NAACP Units must inform donors that contributions to the NAACP Units are not deductible as charitable contributions".

Page 14 of the Guide reads: "When soliciting donations, NAACP Units are required to disclose through an express statement (in a conspicuous and easily recognizable format) that contributions and gifts to the NAACP Unit are generally not deductible as charitable contributions for federal income tax purposes."

The image at the top of this blog is from a solicitation sent out by PRESIDENT Christopher Smitherman. Notice that it states "I/We cannot attend, but enclosed is a tax-deductible Contribution of $_____" It also states "Any amount contributed over $55.00 (fair market value of goods and services received per person in attendance qualifies as a charitable deduction."

Wait a minute! Page 14 of the Guide states:

Solicitations by mail, leaflet, or advertisement in a newspaper, magazine or other print medium must meet the following IRS requirements:

- Include the statement "Contributions or gifts to this NAACP Unit are generally not deductible as charitable contributions for Federal income tax purposes";

Chris Smitherman's solicitation included no such statement. It was just the opposite.

Who is responsible for the Cincinnati NAACP's malfeasance?

Page 1 of the Guide reads:

The National Office of the NAACP is charged with the fiduciary responsibility of ensuring that all NAACP Units conduct their activities in an efficient and effective manner. In executing this responsibility, the National Office provides guidance to each Unit in the form of consultation, memoranda and training. The National Office acknowledges its responsibility to provide meaningful guidance to our Units in the area of financial management. This guidance is a necessary element of proper governance by a parent organization.

When all is said and done, misconduct by the Cincinnati branch and its officers could result in problems for the NAACP National Office. Their 501(c)(3) status could be revoked. One must wonder how well the NAACP National has honored its duty to ensure that NAACP Units not only conduct their activities in an efficient and effective manner, but also that they follow the law and IRS rules.

What kind of parent organization puts out a rulebook that states as plain as day: "NAACP Units shall be non-partisan and shall not endorse candidates for public office," then takes no action after being notified that the PRESIDENT of the Cincinnati NAACP repeatedly engaged in naked partisanship (i.e., his recent encouragement to "vote down the Democratic ticket") and endorsed (opposes) candidates for public office? If the NAACP National Office is serious, why hasn't Chris Smitherman been suspended?!?

The Guide defines the mission of NAACP Units thusly:

A 501(c)(4) organization may engage in some social activities, some lobbying, and some political activity. NAACP units were specifically organized as 501(c)(4) organizations so that they can (1) seek to increase registration and voting; (2) work for the enactment of municipal, state and federal legislation designed to improve the educational, political and economic status of minority groups; (3) seek the repeal of racially discriminatory legislation; (4) work to improve the administration of justice; (5) work to secure equal enforcement of the law; (6) keep the National Office informed of all proposed legislation which affects minority groups.

The Cincinnati NAACP hasn't worked to increase registration or voting; has pushed initiatives that have absolutely nothing to do with improving the educational, political or economic status of minority groups (in fact, Proportional Representation would've damaged the political status of Black people); hasn't sought the repeal of any racially discriminatory legislation like the marijuana ordinance; and sure hasn't worked to improve the administration of justice or secure equal enforcement of the law (which is why you have the Beacon Boys writing stories like "What happened to the local NAACP and Hamilton County’s two systems of justice?").

The Cincinnati NAACP has been hijacked and turned into the Chris Smitherman fan club and political action committee. No matter how you try to justify it, red light cameras and privitization of the Cincinnati Water Works and all the other stuff Chris is crying about may be bad but it has nothing to do with the NAACP's mission. So why haven't there been any sanctions levied against the Cincinnati branch?

Has the NAACP National Office lost control of its branches?

The National Office claims to have sent a letter out to all of its branches informing them that they are 501(c)(4)s and that donations to local branches are not tax-deductible and of their responsibilities as 501(c)(4)s. I guess they have to say that so that if they are ever questioned they can say: we upheld our responsibility by providing guidance to each Unit in the form of consultation, memoranda and training. What about discipline for renegade branches?

A quick Google search suggests that some branches got the memo, e.g., Reno-Sparks, Long Beach, and Riverside; other branches either didn't get the memo or they just can't stop themselves from telling potential donors that their contribution will be tax-deductible, e.g., Boston and Inglewood South Bay.

Here's the bottom line: the work of the NAACP National Office is too important to let a smart-mouthed little punk hinder them from doing it. They need to send somebody down from Baltimore RIGHT NOW to straighten the Cincinnati branch out.

Communiqué Says Local Pol Trapped In The Closet; Warns Of Impending Political Outing

2009-05-20T06:37:00.000-04:00

The Cincinnati Black Blog has received a secret communiqué, from an unidentified source, claiming to have verifiable information that a local politician is living a double-life and is actually a closeted bisexual.

Is it a coincidence that this information is being distributed just days after CityBeat's Kevin Osborne published "Politics, Sex and the Closet"? I don't know. Is this the work of our old friend The Queer of Cincinnati or Will Kohler (aka Wolfie)? I don't know. Considering the clandestine way in which the package was delivered to me -- in an unmarked manila envelope to a location very few people would even know about (I'm sure there were no fingerprints on it and I can only imagine that the delivery person wore dark sunglasses) -- did someone connected to the CIA or FBI or Trilateral Commission or Mallory Mafia have something to do with it!?! Enough of the questions already. I don't know!!!

From CityBeat:

There’s a lot of buzz among political junkies about Outrage, the new documentary by filmmaker Kirby Dick that premiered across the nation last week. The film explores the prevalence of politicians who remain closeted about their sexuality and whether their choice harms the LGBT community.

The film provides circumstantial evidence to “out” several politicians including Florida Gov. Charlie Christ, a possible GOP presidential hopeful in 2012; California congressman David Dreier; and ex-New York Mayor Ed Koch.

So far the movie hasn’t hit any Cincinnati cinemas but it likely will be available through Netflix and at video rental stores shortly.

Just like Dick’s previous film — 2006’s This Film Is Not Yet Rated, about the motion pictures rating board — Outrage delves into a topic that many people would like to remain private. The practice of outing an unwilling individual is controversial, even among gays and lesbians.

Most media outlets subscribe to the theory that unless a secretly gay politician actively promotes anti-gay legislation or sentiments, thus raising the question of hypocrisy and a double life, their sex life should be off-limits to public scrutiny.

Dick’s film argues that even closeted politicians who don’t endorse anti-gay issues might be fair game because their secrecy reveals something about their personality. Also, those pols may be unwilling to support legislation that they otherwise might, becoming an impediment to progress.

From reading Kevin's story, it appears that the politicians in Outrage are all Republicans. Is the local politician a Republican? Is the allegedly gay local politician one of these folks who actively opposes special rights for the GBLTQ community? Is this person a hypocrite? If this person is outed, will the mainstream media (or the alternative media) cover the story? Should they? What if the person is a Democrat and/or a supporter of gay rights/issues? Should they be spared? Is this a man or a woman? Are they Black or white? Would that make a difference? Why is this coming out now? Did the person do something to make someone angry? Is this person an elected official or an ex-official or a candidate or a sideline politician/activist? Are some classes of politicians fair game? Why or why not? Does this person have a family? Are they living a lie? Does their spouse or significant other know about their same-sex activity?

Many of you, my faithful readers, may remember when I had to expose the fact that Tyrone Yates is gay as part of Operation Heightened Contradiction almost a year ago. Some of you damn near went crazy! What I did didn't hurt Yates. It freed him. I hear he was able to confide in people he's known for years and tell them, "yes, I'm a gay man and I won't be trapped in the closet anymore." When you think about it, I unlocked the closet door for Yates. There won't be any ghetto soap opera about his life from R. Kelly.

Think about how many times that nasty, racist, sexist homophobe Jim Schifrin has pulled back the sheets on "Disingenuous DemocRAT Gayvenor Ted Strickland" and others. Now ask yourself: has The Whistleblower hurt the Governor? Who cares about the rumors that he is gay or that he allegedly used to do sick things when he worked as a prison psychologist and was left alone with certain prison inmates.

I don't know what the media will do when, or if, the outing occurs, but unless the evidence is flimsy or irrelevant I'll strongly consider publishing it.

Deters Donates $50,000+ To Mallory Center

2009-05-19T12:02:00.004-04:00

Back on March 10, 2009, I shared with you something one of my sources told me: Hamilton County Prosecuting Attorney Joseph T. Deters announced on 700wlw that he was ending his office's practice of donating $50,000 to the Cincinnati NAACP and would instead give that money to the Mallory Center for Community Development. A few of my more skeptical readers scoffed at the idea that Deters had ever donated money to the Cincinnati NAACP. They couldn't believe that Chris Smitherman accepted such a donation. And even though I didn't hear the radio interview, they challenged me to prove it.

Because the person who told me this was one of my most trusted sources, I accepted the challenge. I filed a public records request with the prosecutor's office asking for any records showing donations to the NAACP since 2005. It went nowhere, in large part because, as the Attorney General states here, while no specific language is required to make a public records request, the requester must identify records with sufficient clarity to allow the office to identify, retrieve, and review the records. If it is not clear what records are being sought, the records custodian should ask the requester for clarification, and assist the requester in revising the request by informing them of the manner in which this office maintains and accesses its records. I didn't know where the money came from and therefore couldn't specifically identify the record(s) needed. The guy at the prosecutor's office told me their office has several pots of money, including state and local grants that they sign off. They don't keep records of every dollar they spend. (If, for example, the prosecutor signed off on a project funded by stimulus money but done by an outside agency, there might not be a record in the prosecutor's office.)

I had pretty much given up when it finally occurred to me to contact the Mallory Center and ask them if they received a donation from Deters and if so in what amount. I called the Center a few days ago and spoke to their Executive Director, Dr. Albert Brown, who confirmed that the Mallory Center has received donations from Deters in the past and that the amount increased to more than $50,000 this year. He had no idea what precipitated the increase but expressed gratitude for the donation. I asked him if he knew the source of the donation? He wasn't absolutely sure, but he thought it came from drug forfeiture money. [Dr. Brown also told me about some of the projects being worked on at the Mallory Center. I talk to a lot of people, but rarely do I talk to someone so enthused about their work.]

With this information, I will now go back to the prosecutor's office and ask them to go through their recent records and locate the public records showing a donation to the Mallory Center. Then I'll ask them to go to that same fund and find any records showing a donation to the NAACP in previous years in a similar amount. I'm also working to see if there are any restrictions on the use of asset forfeiture funds, especially in light of the fact that the Cincinnati NAACP is not a 501(c)(3) organization; it is organized under 501(c)(4) of the Internal Revenue Code, which means that donations to the Cincinnati NAACP are NOT tax-deductible, except for the small portion of membership dues that goes to the NAACP National Office. (I'm working on a blog entry about all of this.)

I'm sure this blog entry won't quiet my critics or shut up the Smart-Mouthed Little Punks, but I believe that you, my faithful readers, needed to know this.

Yvonne Collins Charged With Domestic Violence

2009-05-19T10:19:00.005-04:00

WDBZ Radio (1230am) listeners know her as Lady C; 700wlw callers know her as Miss C; some people who know her in the Black community call her "Lady Crazy". Her real name is Yvonne Collins.

A few years ago I wrote this brief profile on Yvonne. (If you haven't read the profile, you really should. It's sad but funny.) Her life has continued spiraling downward every since. The bitch is most definitely an alcoholic, a troublemaker, and a violent person. She calls radio stations everyday because she is lonely and miserable and she craves the attention she gets from being on the air. Nobody wants to be around Yvonne so she thinks of the radio as her friend.

As you can read from the above Affidavit, on or about August 7, 2007, Yvonne's son, Matthew Allen Collins (we are only naming young Matthew because his name appears in the Affidavit and he is an adult now), swore out the affidavit posted above. The text of that Affidavit (for those of you whose computers won't allow you to view the posted document) reads:

Yvonne Collins
2811 S. Madison Ave.
Norwood, OH 45212

Before me personally came Matthew Collins who, being duly sworn according to law, states that on or about the 7th day of August, 2007 at 3811 S. Madison Ave, Ohio, Yvonne Collins, did As I was in my bedroom, about to lay down and go to sleep, my mother (Yvonne Collins) came into the room yelling, "You aren't staying here get the fuck out!" I then said no that is when she grabbed me up from the bed scratching my chest in the process, and began shaking me. After shacking me about three time, my shirt ripped and I fell back to the bed. After that I called the police.

Why did Yvonne act this way? Why did she tell her son to "get the fuck out!" of his home? Was it because she has strange men in her house and sleeping in her bed everynight (or at least as often as she can find a man willing to do the nasty to her)? Was it because Yvonne was drunk from drinking alcohol and high from smoking crack cocaine?!

Why does this matter to you, my faithful readers? Well, Yvonne has publicly announced that she uses her house as a daycare center and she wants to keep your children!!! If someone thinks it's a good idea to leave your children in the care of a violent, alcoholic, crack-smoking, crazy person like Yvonne who may have some guy off the street staying with her, then that's your decision. The Cincinnati Black Blog wouldn't be doing its duty if it didn't let people know what's going on in Yvonne's madhouse.

It has also come to my attention that Yvonne is trying to get certified to accept daycare vouchers from the State of Ohio and Hamilton County. When you start asking for public money, the public has a right to know what's going on.

The other day, our dear sister General Nikki X had to let Yvonne have it. Click here to read the General's comments. People are tired of this miserable, nearly 5o-year old, failure in life sticking her nose into other people's business like a burnt version of Mrs. Gladys Kravitz from Bewitched (minus the husband and nice home) when she should be trying to stop drinking and smoking crack, get a job, and take care of herself and her kids.

Did NAACP President Chris Smitherman Condone Anti-Semitic Remarks?

2009-05-18T11:45:00.006-04:00

Christopher Smitherman

When the Nazis came for the communists,
I remained silent;
I was not a communist.

Then they locked up the social democrats,
I remained silent;
I was not a social democrat.

Then they came for the trade unionists,
I did not protest;
I was not a trade unionist.

Then they came for the Jews,
I did not speak out;
I was not a Jew.

When they came for me,
there was no one left to speak out for me. (source)

----

One of my sources just emailed me a link to an audio clip and partial transcript from Cincinnati NAACP president Chris Smitherman's weekly radio show that aired last Saturday. The title of the email is, "Caller makes anti-Semitic remark on Smitherman's 5/16/09 radio show; goes unchallenged."

I will have more to say about this at a later time. For now, let me just point out that in the last few months, Chris Smitherman and the Smart-Mouthed Little Punks have come for (in reverse order ... or as close as I can remember) Jeff Berding; Westwood Concern; the Democratic Party; the GBLTQ community; a long list of Black activists or former activists who refuse to bow to Chris The Sillyman; Mayor Mark Mallory; City Manager Milton Dohoney; Councilmembers Laketa Cole and Cecil Thomas; former Mayor Dwight Tillery; Congressman Steve Driehaus; the Center for Closing the Health Gap; State Senator Eric Kearney; former NAACP presidents Dr. Milton Hinton and Dr. Calvert Smith and Paul Booth; The Cincinnati Herald; Judge Nathaniel Jones; and Edith Thrower. Nearly everyone has remained silent and watched as Chris The Sillyman attacked people and groups. Now he is after the Jews.

[Some of you may never listen to WDBZ Radio (1230am), or you may not listen to Sillyman's show, or you may have missed his interview with Lincoln Ware last week when he admitted that he picks and chooses which callers he takes during his show. Sillyman said he does not take calls from Curtis Wells or other people he disagrees with. Therefore, by accepting Bernadette's call, and allowing her to say: "Westwood Concern is no more than a bunch of Jewish and Germans who know that they raped and robbed the black nation" and "they doin’ whatever they can in they power to keep it goin’ they way," by his silence, Chris Smitherman seemed to condone his chosen caller's views.]

The partial transcript is posted below.

(:15) Velma Sanders: Yes we need to denounce Jeff Berding. We don’t need a Jeff Berding on city council. And I say to our people, please, please do not vote for Jeff Berding. And I want to tell you Thursday when Westwood Concern came down there (to city council). The racist stuff that they said when they were down there. You know and we, you know…

CHRIS The Sillyman: They said it on the mic? Did they say it on the mic?

Velma: They were talkin’ about, you know, pass what, uh, (council members) Greg (Harris) and Leslie Ghiz….

Sillyman: But they were talking on…they were saying it on the mic. We’ll do a public information request and get it and play it on the show. Sister Velma, we got to go. ‘Preciate you, lady. Alright, we’re gonna pull that tape. Bernadette, you got about ten seconds, sis.

Bernadette Johnson: Alright, I just wanna say this ain’t nothin’ but some shiftshaping* economic money exchanging goin’ on.

Sillyman: That’s right.

Bernadette: Westwood Concern is no more than a bunch of Jewish and Germans who know that they raped and robbed the black nation. They doin’ whatever they can in they power to keep it goin’ they way.

Sillyman: Alright Bernadette, thank you, sis. Alright listen, community. 281-1900. That’s the number to the NAACP. You can call and join the NAACP. We need you as members.

###

Immediately preceding this segment, two callers referred to Cincinnati neighborhood group Westwood Concern as "racist." Smitherman concurred and denounced city councilmember Jeff Berding for failing to denounce Westwood Concern. Audio, transcript here: blip.tv/file/2127113

###

Audio of WDBZ host Phil Waller on "Smitherman on the Mic," 5/16/09: Smitherman has a bodyguard named Big Al; "Your life is on the line": blip.tv/file/2123905 Audio of complete "Smitherman on the Mic" program, 5/16/09: blip.tv/file/2123752

###

* "Shapeshifting" (Wikipedia): en.wikipedia.org/wiki/Shapeshifting

CityBeat: IRS Investigating of Cincy NAACP

2009-05-16T17:43:00.001-04:00

Tyrone Yates, Chris Smitherman, Dennis Courtland Hayes, Rosalyn Brock, NAACP Chairman Julian Bond, and Mayor Mark Mallory.

Some people don't believe things until they hear it from the white man. Well, CityBeat writer Kevin Osborne states the following:

In related news, local blogger Nathaniel Livingston Jr. is asking the IRS to investigate the NAACP’s local chapter for allegedly using its tax-exempt resources to intervene in the upcoming Cincinnati City Council elections.

During his weekly radio show on WDBZ (1230 AM), Smitherman recently urged NAACP members to oppose Democratic candidate Jeff Berding and to “vote down” the Democratic ticket. As a registered non-profit, 501(c)(3) organization, federal law prohibits the local chapter from directly or indirectly participating in a political campaign for or against any candidate.

Click here to read the complaint.

CityBeat: Finney Serves Two Masters

2009-05-16T17:36:00.000-04:00

No one can serve two masters, because either he will hate one and love the other, or be loyal to one and despise the other. You cannot serve God and riches!

-- Matthew 6:24

In, "Chris Finney Serves Two Masters," CityBeat writer Kevin Osborne provides us with an interesting, albeit incomplete, profile of our old friend Christopher P. Finney, the man pulling the strings behind the Cincinnati NAACP, COAST (The Coalition Opposed to Additional Spending and Taxes), and the local neo-con wing of the Hamilton County Republican Party, and his struggles to represent groups that claim to have opposing viewpoints.

Chris Finney must be feeling rather schizophrenic lately.

The local attorney and arch-conservative activist is offering his services free of charge to the NAACP’s Cincinnati chapter, where he is chair of legal redress. His duties include assisting the chapter’s efforts at advancing the interests of the area’s African-American residents.

At the same time, Finney continues his legal work for ex-State Rep. Tom Brinkman Jr. and their political group, the Coalition Opposed to Additional Spending and Taxes (COAST).

....

Some critics, notably local Democrats, allege that Finney is providing free legal services in return for Smitherman wooing black voters to join the local Republican Party.

Still, maybe we should have seen this unusual turn of events coming.

In April 2008, Smitherman told The Cincinnati Beacon that the museum needed to reach out to local organizations more and that it might be able to raise money if it did so.

“I have been very concerned about the Freedom Center’s financials and their approach on gaining new financial resources,” Smitherman told The Beacon. “Partnerships and collaboration are the keys to a successful strategy for the center. This includes grassroots institutions and grassroots people.”

The commenters make good points. ckane wrote:

Kevin -- You forgot to include the smear campaign that COAST ran against minority-owned developer Dorian Development, the contractor on the Glencoe Apts. complex in Mt. Auburn that is usually cited as being "the only African American city contract". The Cincinnati NAACP has long been in support of this project and expanding the ranks of African-American-owned city contractors. COAST is acting to undermine both goals.

Two weeks ago, the Cincinnati Black Blog asked "What Happened To COAST Taxpayer Suit Over Glengoe?" 13 weeks have passed since COAST said the City of Cincinnati's provision of $300,000 to Pauline Van der Haer and Dorian Development was illegal and threatened to file a taxpayer lawsuit against the City if the City Solicitor didn't act to prevent the expenditure. (source) We are still waiting on COAST frontman, Jason Gloyd, to explain what happened to the suit? You think maybe a query from the laxy white media might generate a response?

CincyCapell wrote:

Smitherman's megalomania knows no bounds. This jack@ss has jumped into bed with one of the most radical right wing groups in our area. COAST and Finney are tied directly to the reprehensible goons at CCV, btw. Kevin, you failed to report the best part; Snitherman paid COAST $3,000 from the NAACP's general fund. Neither party will state what that money was for, but by coincidence COAST spent $5,000 on radio spots at WDBZ. Smitherman had thrice requested the NAACP to sponsor his show on that station, and the organization refused his request three times. Was Smitherman's donation of $3,000 of the NAACP's money to COAST a backdoor way for hi to spend NAACP money on his own show? Nate Livingston broke tis story and has done excellent work following up on it. Jason Haap has even started asking questions over at the Beacon. Meanwhile, Jason's buddy, Democrat-hating former star Justin Jeffre is still in bed with both COAST and Smitherman. How much longer will the national NAACP allow this disarray at the Cincinnati branch to continue?

Yes... not only does the Cincinnati Black Blog want to know if the $3,000 donation to COAST was permissible under the Internal Revenue Code (which prohibits a tax-exempt, 501(c)(3) organization from making a financial contribution to a political action committee), we also want to know if the donation was a backdoor way for him to spend NAACP money on his WDBZ radio show or even worse a way to get him or some of his friends paid NAACP to "produce" commercial spots.

I was listening to Bill Cunningham on 700wlw a few days ago and he had Finney on the air. (I think it was 5/13/09 hour 3. I'm not sure of the date because he had Finney on twice recently.) Finney was there to discuss one of his clients, I think the guy from Reading with Barbie-Q, and Willie asked him a question about public safety and the need for a new jail. Finney's response went something like this, "well I've got clients who have passionate feelings on both sides of the issue so I think I'll keep my views to myself, but let me say that we certainly need public safety and we must lock up people who commit crime in our community."

No man can serve two masters. He will hate one and love the other or be loyal to one and despise the other. Finney co-founded COAST with Tom Brinkman. He is going to be loyal to COAST and those white Republicans he has been representing and rolling with for years. He loves them and they love him. Finney and his people despise everything the NAACP supposedly supports -- Affirmative Action; SBE/MBE programs; publicly funded education.

CBB Requests IRS Investigation Of Cincy NAACP

2009-05-14T11:30:00.000-04:00

Last Saturday, I announced that the Cincinnati Black Blog was forced to report the Cincinnati NAACP to the Internal Revenue Service for using their tax-exempt resources to intervene in the upcoming Cincinnati City Council election. The NAACP, through its president, Chris Smitherman, specifically urged its members to oppose Democratic candidate Jeff Berding and to "vote down" the Democratic ticket.

Since then, I've received a number of requests for a copy of the letter. A copy is provided below.

-----

May 9, 2009

The Honorable Douglas Shulman
Commissioner
Internal Revenue Service
Room 3000
1111 Constitution Ave N.W.
Washington, D.C. 20224-0002

Transmitted via facsimile to (202) 283-9973
The Honorable Sarah Hall Ingram
Commissioner
Internal Revenue Service
Tax Exempt & Government Entities Division
Mail Code SE:T
Room 684
1111 Constitution Ave N.W.
Washington, D.C. 20224-0002

Transmitted via facsimile to (202) 283-8858
and electronic mail to tege.eo.ceo@irs.gov
Lois G. Lerner
Director
Internal Revenue Service
Tax Exempt & Government Entities Division
Exempt Organizations
Mail Code SE:T:EO
Room 341
1111 Constitution Ave N.W.
Washington, D.C. 20224-0002

Re: Tax-Exempt Organization Complaint (Referral) Form
National Association for the Advancement of Colored People, Cincinnati Branch

Dear Commissioners Shulman and Ingram and Director Lerner:

I write today to respectfully request an immediate Internal Revenue Service (“IRS”) investigation into the activities of the Cincinnati Branch of the National Association for the Advancement of Colored People (“NAACP”). To the best of my knowledge, the organization’s Employer Identification Number (“EIN”) is 13-1084135.

The NAACP is organized under section 501(c)(3) of the Internal Revenue Code. As such, it is prohibited from making a financial contribution to a political action committee (“PAC”) and from engaging in excessive lobbying activities. The NAACP is absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of, or in opposition to, any candidate for elective public office.

Campaign intervention includes any and all activities that favor or oppose one or more candidates for public office. The prohibition on political campaign intervention applies to all campaigns, including campaigns at the local level and extends beyond candidate endorsements. Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of an organization in favor of or in opposition to any candidate for public office clearly violate the prohibition on political campaign intervention. Allowing a candidate to use an organization’s assets or facilities will also violate the prohibition if other candidates are not given an equivalent opportunity.

NAACP leaders are not prohibited from speaking about important issues of public policy. In order for their organization to remain tax exempt, however, they cannot make partisan comments in official publications or on official websites or at official functions of the organization or do so in the name of the organization.

It is my understanding that the NAACP National Office is a 501(c)(3) and NAACP branches used to be organized under section 501(c)(4) of the tax code, but not anymore. Ascertaining whether the Cincinnati NAACP is a 501(c)(3) like the NAACP National Office or a 501(c)(4) has been difficult since the Cincinnati NAACP does not file an annual tax return (Form 990 or Form 990-EZ). Several months ago, I contacted the NAACP National Office and was told that branches of the NAACP are not required to file annual tax returns.

Still, assuming that the Cincinnati Branch of the NAACP were a 501(c)(4), it would still be exempt but would be able to engage in an unlimited amount of lobbying, provided that the lobbying related to the organization’s exempt purpose. The organization might also engage in political campaigns on behalf of or in opposition to candidates for public office provided that such intervention did not constitute the organization’s primary activity. An annual report would still need to be filed.

In their Ohio Campaign Finance Report dated December 12, 2008, the Coalition Opposed to Additional Spending & Taxes (“COAST”) Issues PAC reports receiving a Three Thousand Dollar ($3,000) contribution from the Cincinnati NAACP on October 29, 2008.[1]

On April 11, 2009, Cincinnati NAACP president Christopher Smitherman, stated on his weekly radio show on WDBZ Radio (1230am): “The bottom line is the Democratic Party is coming with their same game. We want all African-Americans to vote down the Democratic ticket.”[2] As you will hear, throughout the show, Mr. Smitherman identified himself as president of the NAACP. He gave out the organization’s phone number and address and encouraged people to join the group. He never once stated or implied that he was speaking for himself as an individual or that his views were not the views of the NAACP.

On April 14, 2009, Cincinnati NAACP President Christopher Smitherman issued a letter to the organization’s members titled “Democratic Party Fails African Americans in Cincinnati.”[3] This letter was subsequently posted to the Cincinnati NAACP’s website.[4]

You should know that this is not the first time Mr. Smitherman has crossed the line and placed the NAACP’s tax exempt status in jeopardy. In 2007, Mr. Smitherman announced plans to run for a seat on City Council and only stopped after officers at the NAACP National Office were informed of his stated plans and pressured to stop him from running while remaining president of the local. You should also know that concerned citizens have alerted the NAACP National Office to Mr. Smitherman’s current violations and the national office has, to the best of my knowledge, done nothing to bring the local branch into compliance. These facts may be important when determining whether the NAACP has acted in good faith to comply with the restriction on political campaign intervention and the other prohibitions outlined above and if so what sort of penalty should be imposed. (I understand that violations may result in denial or revocation of the organization’s tax-exempt status and the imposition of an excise tax on the amount of money spent on the prohibited activity.)

I thank you for your consideration of this important matter. Please feel free to contact me at (513) 353-8780 or by writing me at the address and e-mail address provided above if I can be of further assistance or you need me to provide additional information or you have any questions or concerns.

Sincerely,

Nathaniel Livingston, Jr.

Enclosures

cc: IRS EO Classifications, Mail Code 4910DAL, 1100 Commerce Street, Dallas, TX 75242-1198. Transmitted via first class mail and electronic mail to eoclass@irs.gov.

Angela Ciccolo, Esq., NAACP Interim General Counsel, NAACP National Headquarters, 4805 Mt. Hope Drive, Baltimore, Maryland 21215. Also transmitted via facsimile to (410) 358-9350 and electronic mail to aciccolo@naacpnet.org.

--------------------------------------------------------------------------------

[1] A copy of the report is attached.
[2] A audio copy of the show is available online at http://blip.tv/file/2038774.
[3] A copy of the letter is attached.
[4] http://www.naacpcincinnati.org.

Whites Not Questioned About Free Ryan Widmer Activity

2009-05-13T13:15:00.001-04:00

This is from WCPO-TV (Channel 9).

Supporters of convicted killer Ryan Widmer gathered for a candlelight vigil Monday night.

A large crowd took part in the vigil on Fountain Square in downtown Cincinnati.

Widmer is serving 15 years to life in prison for the killing his wife Sarah.

If Ryan Widmer was Black, there is no way the white mainstream media would be treating this story like it is. Black people supporting a convicted killer!

WLWT-TV (Channel 5) covered the candlelight vigil/prayer rally too.

Ryan Widmer supporters say they won’t stop rallying on his behalf until the convicted killer gets a new trial.

His friends and family have been fighting to get him a new trial since he was convicted of murder 39 days ago.

Hundreds of people gathered Monday at 8 p.m. on Fountain Square for a second candlelight vigil to draw attention to his case.

There is a double standard in America.

My criticism isn't about Widmer's supporters. They've put up a website, they are organizing rallies, they are trying to keep the media (and the public) focused on the story because they believe the guy is innocent. In other words, they are doing what they should do. Black people should do the same thing when we believe someone is innocent and being done wrong by the criminal justice system.

I don't like how the white media is treating the story though. In addition to a ton of favorable coverage, they are also promoting the free ryan widmer website and announcing (promoting) the public events. The white media shouldn't act as a cheerleader for a convicted killer.

I wonder if Ms. Frankie Butler-Kidd from Citizens Against Joe Deters put up a site specifically devoted to helping free her son from prison if the media would promoted it?

Courie Blount Gets 1 Year For A Little Marijuana

2009-05-13T12:09:00.004-04:00

Corie Blount (r) with his attorney Anthony VanNoy.

What kind of bullshit is this!

Last year Corie Blount (pronounced Blunt) got caught with 29 pounds of low grade marijuana. There is no evidence that he was selling it. Mr. Blount had the weed for personal use -- he admittedly suffered depression and intended to use the weed to “self-medicate” -- and to share with friends at a planed party.

Earlier today, Butler County Common Pleas Court Judge Craig Hedric sentenced Mr. Blount to a year in prison! A year in prison for some weed!?

According to this Cincinnati Enquirer report:

Blount also was fined $10,000 in addition to giving up two vehicles and $34,000 in cash that were seized in the bust. When he gets out of prison, Blount also must provide 250 hours of community service and will have his driver's license suspended for three years.

The stupid ass judge "rejected Blount's claims that the marijuana was intended for personal use and to share with friends at a planned party" and made the following wisecrack: "Cheech and Chong would have had a hard time smoking that much."

I know a lot of people who smoke weed. They smoke every day. And they smoke a lot. (They tell me that marijuana is relatively inexpensive.) I find Mr. Blount's explanation entirely believable.

Judge Hedric's statement about Cheech and Chong shows that he is woefully out of touch with the people of Butler County. People are smoking weed, sharing pot, and having parties where they share marijuana. This is just a fact. As a matter of fact, Cheech and Chong (a dated reference) couldn't keep up with the weed-smokers of today.

The Enquirer seems to make fun of Mr. Blount's attorney for pointing out that the weed was "low grade." This is an important fact though. There are all kinds of weed on the market. Some of it is stronger than others. So, in order for Mr. Blount to get the medicinal benefit from smoking marijuana, he'd need to smoke more low grade weed than if he were smoking some premium quality weed. It's like taking a children's aspirin and expecting it to have the same effect as an adult aspirin.

And I imagine if you are going to share weed at a party, you wouldn't want to supply the most expensive weed. I mean if you were going to serve champagne at a party, would you purchase Cristal? Even if you could afford it? I think most people would want to give their guests a glass of decent-quality champagne, not the chepeast but certainly not the most expensive. That's what Mr. Blount was planning to do: provide his guests with free weed but nothing too powerful.

The prison sentence demostrates that our criminal justice system is jacked up. Look, no one should be imprisoned for using and/or possessing marijuana. They are hurting themself, not society. Where is the Butler County Drug Court?

Curtis Wells Busted Posting Pseudonymously

2009-05-13T12:02:00.000-04:00

Curtis Wells holding anti-Obama sign.

On May 5, 2009 at 11:08 pm, someone posting to the Cincinnati Beacon pseudonymously as “Inquiring Mind” wrote:

Dean,

Nate has posted commentary on his blog concerning Dwight Patton’s ongoing analysis of a “slush fund” that was used to undermine the activities of the Cincinnati Boycott Council. Furthermore, you reference Nate for the Hamilton Board of Elections document disclosure that connects the NAACP ($3,000 worth) to COAST. So in all fairness to the process of disclosing political finances, and to Nate, “Inquiring Minds” would like to vet the following information:

Did UNITE Cincinnati (an organization founded by Nate Livingston, Monica Williams, and Amanda Mayes) lease office space on Walnut Street across the street from the Aronoff Center?

If so, when did UNITE Cincinnati commence and end its office space lease on Walnut Street?

What was the monetary amount that UNITE Cincinnati paid to lease office space on Walnut Street?

Did a third party pay UNITE Cincinnati’s office space lease on Walnut Street?

Did a third party donate equipment, supplies, and materials to UNITE Cincinnati’s office space on Walnut Street?

Is not the Hamilton County Republican Party’s office located on Walnut Street across the street from the Aronoff Center, in the same building at 700 Walnut Street where UNITE Cincinnati used to lease office space?

A similar but lengthier comment was sent to the Cincinnati Black Blog, but it didn't get approved.

On May 12, 2009 at 9:07 pm, former Cincinnati City Council candidate Curtis Wells posted the following comment on this thread at the Beacon:

Dean,

Is Chris Smitherman drafting blog comments here at the Cincinnati Beacon under the alias Justice?

Would it be reasonable to vet the development of a Cincinnati-based blog users Zero Tolerance Policy for Unsubstantiated Assertions (no future blog entries allowed for a blog commentator who repeatedly asserts FBI/CIA operative activity on a member of our community until the assertions are substantiated, pursuant to thorough public inspection)?

When does libel become an issue here, Dean, as a person continually hides behind an assumed blog name?

Thanks for your time and attention.

Curtis A. Wells
(aka The Rabble Rouser)

The writing styles seem identical! The use of the phrases “in all fairness” and “process of disclosing” are ones frequently used by Curtis Wells during his daily calls to WDBZ Radio. So are the terms “vet” and “analysis.” Additionally, Curtis Wells never fails to defend the indefinsible actions and behavior of Dwight Patton.

The Cincinnati Black Blog wants answers! Curtis Wells, do you admit or deny posting comments under the alias Inquiring Mind? Have you posted other comments on the Beacon, on this blog, or on other blogs/websites using other aliases? If so, we call on you to be fair and give the Black community full disclosure. Which websites/blogs did you post to? Which false identities did you assume? Why were you afraid to post comments using your real name? Are you a man or a long-haired pseudoman? What real man participates in the juvenile antic of posting comments pseudonymously?! Isn't this secret, covert, disruptive and divisive conduct the same sort of thing agents are paid to do?

Weren't you engaging in hypocritical conduct when you call for a “Zero Tolerance Policy for Unsubstantiated Assertions” over at the Beacon after having made at least one unsubstantiated assertion yourself albeit pseudonymously?

Haven’t you and Patton done the exact same thing you now criticize Smitherman and others of doing, namely repeatedly asserting that a member of the Black community is a paid agent or government operative when you know better?

I know your eyes are watching this blog; therefore, I expect a timely response to my questions. No more dancing around the issues.

----

One more thing on another subject, someone posted a comment to this blog claiming that you were fired by Cincinnati Public Schools and permanently barred from entering onto CPS property for repeatedly punching a little 11- or 12-year old kid in their chest and stomach! Is this true?! Were you employed by CPS? Did you get fired? Was the reason because you, a grown man, beat the hell out of a child that you were entrusted to care for? If that wasn't the reason, please state the reason for your termination.

Jeffre: City Has Power To Recognize Gay Marriage

2009-05-11T16:27:00.000-04:00

Justin Jeffre

Over at the Cincinnati Beacon, former Cincinnati mayoral and City Council candidate Justin Jeffre recently wrote:

...your time would be better spent lobbying the Mayor and City Council to recognize gay marriage here locally. They have the power to do it, but they lack the courage.

This is not true and Jeffre knows it. The people of the State of Ohio amended the Constitution to specifically forbid a city from recognizing gay marriages.

Sgt. Terence Gragston: Cyber Criminal

2009-05-11T13:10:00.000-04:00

Tracy Lawrence Gragston, Jr. (aka LG) has been posting comments to this blog, the Cincinnati Enquirer, CityBeat, and the Cincinnati Beacon and calling WDBZ Radio Station while at work for the Hamilton County Juvenile Court and The Youth Center at 2020 Auburn Avenue.

Last week, I blew the whistle on him. Tracy Gragston's bosses, including the County Commissioners, were notified of his activity. The allegations were referred to Hamilton County Prosecuting Attorney Joseph T. Deters for investigation. I have promised to cooperate with the investigators and serve as a witness for the prosecution if necessary.

In retaliation for my reporting of his crimes, since last week Tracy Gragston has sent a number of threatening and harassing messages to me via the internet. Then yesterday, his 27 year-old brother, Terence Allen Gragston, sent me a threatening and harassing email from his military email account, terence.gragston@us.army.mil.

[According to this, Terence A. Gragston just got promoted to the rank of sergeant. You'd think this buck sergeant would keep his nose clean and do things to show he deserves to be a non-commissioned officer, not do stupid things -- like misuse his military electronic mail service account for unlawful purposes (Telecommunications Harassment in violation of Ohio Rev. Code § 2917.21 and Internet Harassment in violation of federal law) -- which show that he doesn't deserve his rank. (FYI, a non-commissioned Army officer is expected to be familiar with Department of Defense and Army policies on internet and government computer usage. Sgt. Gragston was fully aware that he was prohibited from using the Army's computer network and/or his military e-mail account to threaten and harass me, and that his unauthorized use and abuse of DoD and Army telecommunications and computing systems, including the e-mail system, would subject him to such adverse administrative actions as may legally be taken under the Uniform Code of Military Justice and Office of Personnel Management Regulations, and criminal actions as authorized by Ohio law and the U.S. Code.)]

Terence Gragston and Tracy Gragston -- the Gragston boys -- apparently think they can intimidate and terrorize me. They both think using government property for their own personal use is not only appropriate, but it is a smart idea. We'll see if they are right....

I once mentioned Terence Gragston and his wife, Janee Marie Gragston on this blog. In this blog entry, I wrote:

L.G. has 3 younger sisters and brothers. One brother, Terence Allen Gragston (sometimes spelled Terrence Gragston), served in the U.S. Army. [Update 5/11/09: Terence is still in the Army.] He and his wife, Janee Marie Gragston, are fighting off a foreclosure of their home. [They lost their home too. (See Case No. A-0703791)]

I normally don't publish threats sent me, but I've published a couple of the threats sent by Tracy Gragston in the comments section. Later today, I'll publish my official response to the the threats and attempts to terrorize me into silence by both of the Gragston boys. I'll also let you know what steps I've taken to defend myself and have the Gragston boys appropriately dealt with.

----- Original Message -----
Subject: Collateral Damage?
Date: Sunday, May 10, 2009 9:20 PM
From: Gragston, Terence A SGT MIL USA FORSCOM <terence.gragston@us.army.mil>
To: natelivingston@yahoo.com
CC: terence.gragston@us.army.mil

(FYI I posed the same message on your blog. This email is just to ensure you received it!)

Nate...let me tell you a little something about this bullshit you are spewing out of your mouth via your blog site...

First of all...if you and Tracy have beef...that's exactly where all of your focus needs to be, not on me or my family.

Your hyped up sense of 'providing personal details about family members in order to discredit them' is not only distasteful, it is outright disrespectful.

I am currently still serving in the United States Army as a Non Commissioned Officer. I have earned my rank and position through sheer hard work and determination. In fact, I am awaiting orders to serve my second combat tour to Iraq. So understand, I am thousands of miles away and here it is back in my home town, Nate Livingston decides to post information about my wife...my family... because you have some sort of dispute with my brother. Enough is enough.

The next time I am in town, I want to see if you will back up all that garbage talk face to face. Im not speaking in violent terms either (Lord knows you'll try to make some similie between my invitation to meet you and other information you've posted on this website...but from some low brow individual like you, I'd expect it)

I am not writing this as an effort to take up for my brother, he's old enough to fight his own battles. But what I am here to say is that the integrity of my family will not be violated over some personal issues between two people.

So the next time you decide to mention, my wife, my kids, my siblings or anybody else that is not Tracy Gragston Jr., you need to think about it. If you are the so called respected person you'd like to think you are. Be a man and leave innocent people out of your little petty ass disputes.

Believe me, the next time this happens I will not approach you with a gentleman's tone. You can think whatever you want to about my comments, but if you or your 'blogging buddies' thought twice about posting information about an individual fighting the 'battle' for our country..you might actually realize how ignorant and petty your comments have been.

Close the loop on the issue with you discussing my family matters on your blog...they have done you no harm. Find a more intelligent way to 'personally attack' a person in order to discredit them. Your current method of approach, is just pissing innocent people off.

FW: [Cincinnati Black Blog] New comment on A Closer Look At Tracy Gragston (aka L.G.).

2009-05-11T08:27:00.001-04:00

----- Original Message -----
Subject: [Cincinnati Black Blog] New comment on A Closer Look At Tracy Gragston (aka L.G.).
Date: Mon, 11 May 2009 1:15:03
From: SGT Gragston <noreply-comment@blogger.com>
To: <natelivingston@yahoo.com>

SGT Gragston has left a new comment on your post " A Closer Look At Tracy Gragston (aka L.G.) ":

Nate...let me tell you a little something about this bullshit you are spewing out of your mouth via your blog site... First of all...if you and Tracy have beef...that's exactly where all of your focus needs to be, not on me or my family. Your hyped up sense of 'providing personal details about family members in order to discredit them' is not only distasteful, it is outright disrespectful. I am currently still serving in the United States Army as a Non Commissioned Officer. I have earned my rank and position through sheer hard work and determination. In fact, I am awaiting orders to serve my second combat tour to Iraq. So understand, I am thousands of miles away and here it is back in my home town, Nate Livingston decides to post information about my wife...my family... because you have some sort of dispute with my brother. Enough is enough. The next time I am in town, I want to see if you will back up all that garbage talk face to face. Im not
speaking in violent terms either (Lord knows you'll try to make some similie between my invitation to meet you and other information you've posted on this website...but from some low brow individual like you, I'd expect it) I am not writing this as an effort to take up for my brother, he's old enough to fight his own battles. But what I am here to say is that the integrity of my family will not be violated over some personal issues between two people. So the next time you decide to mention, my wife, my kids, my siblings or anybody else that is not Tracy Gragston Jr., you need to think about it. If you are the so called respected person you'd like to think you are. Be a man and leave innocent people out of your little petty ass disputes. Believe me, the next time this happens I will not approach you with a gentleman's tone. You can think whatever you want to about my comments, but if you or your 'blogging buddies' thought twice about posting
information about an individual fighting the 'battle' for our country..you might actually realize how ignorant and petty your comments have been. Close the loop on the issue with you discussing my family matters on your blog...they have done you no harm. Find a more intelligent way to 'personally attack' a person in order to discredit them. Your current method of approach, is just pissing innocent people off.

Publish this comment.

Reject this comment.

Moderate comments for this blog.

Posted by SGT Gragston to Cincinnati Black Blog at Sun May 10, 09:15:00 PM

Is Chris Smitherman Still Poking Michelle Edwards?

2009-05-10T05:38:00.000-04:00

Chris Smitherman with Michelle Edwards

The Cincinnati Black Blog has always defended the abused, the mistreated and the weak against the strong, the powerful, and the abusive.

I've been publishing this blog for almost 5 years. In that time I've received dozens of reports about Christopher Smitherman, (known on this blog as CHRIS the Sillyman) poking Michelle Edwards. People tell me they've seen them hugged up in a booth enjoying a candlelight dinner, and smooching at the movies, and holding hands in the park. Chris has never been discreet about his relationship with his mistress. In addition to the things mentioned above, he has taken Michelle on out-of-town vacations, put her cellphone on the Smitherman family plan, and paid Michelle's rent and bills.

On more than one occassion, I've received credible information that Chris and Michelle were laid up somewhere fuckin. I can only guess that the reason I got the calls instead of Chris's adorable wife, Pamela Smitherman, is because even though they knew Pamela already knew about the affair, they didn't want to hurt her. (They may not have known this, but my sources tell me Pamela once confronted Chris about his affair with Michelle and he came right out and admitted they were sleeping around. He told Pamela that he was not going to end the relationship and she had to decide if she wanted to leave him or stay and deal with it.) The informant hoped I'd grab my videocamera and bust the two adulterers in the act like they do on Cheaters. They were disappointed to find that I wouldn't do a Joey Greco.

I'm posting this blog entry on Mother's Day because I want to shame Chris into respecting his wife for one day. Pamela Smitherman has been a good wife. She has given her ungrateful husband five children. She raises the kids while Chris spends his time away from home selfishly seeking glory and worship from his brain-washed followers and political power. She has supported Chris and helped him accomplish his personal, business and political goals. In addition to being a good helpmate, Pamela has tolerated Chris's bullshit, temper tantrums, and childish conduct. (I'm not even going to go into details about the numerous humiliations Pamela has endured. If people think Elizabeth Edwards suffered, wait until the truth comes out about Chris. I know why Chris hates Citizens for Community Values, and it isn't just because of their position on gay rights.)

I call on all of you, my faithful readers, to monitor Chris and Michelle today. If anyone gets breakfast in bed it better be Pamela and Pamela only. If anyone receives flowers it better be Pamela. If anyone gets taken to dinner it better be Pamela. If Chris sleeps with anyone on Mother's Day it better be Pamela. If you see Chris with any woman other than his wife or you hear that he is with someone else or you even suspect that he is tippin, you let me know.

This is no excuse, but I'm not the only one knows what's was going on. Plenty of us know and we've said nothing. We've all failed Pamela Smitherman. We let her down. Instead of embracing Michelle, we should have shunned the tramp and gave her the Jezebel treatment. It's never too late to do the right thing. And to that end, I offer Pamela Smitherman my sincere apology and wish her a Happy Mother's Day.

CBB Reporting NAACP To IRS

2009-05-09T17:50:00.004-04:00

In a letter to the Internal Revenue Service, the Cincinnati Black Blog was forced to report the Cincinnati NAACP to the Internal Revenue Service for using their tax-exempt resources to intervene in the upcoming Cincinnati City Council election. The NAACP specifically urged its members to oppose candidate Jeff Berding and to vote down the entire Democratic ticket. [Update: Click here to read the complaint.]

Federal tax law prohibits tax exempt, non-profit, 501(c)(3) groups, including the NAACP, from participating in, or intervening in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.”

The NAACP's national leadership, has been previously asked to get the local branch under control and has failed. The Cincinnati Black Blog notified the NAACP's leadership and legal counsel of our report to the IRS.

Has NAACP Called for Charlie Winburn To Denounce Westwood Concern?

2009-05-09T17:22:00.000-04:00

The Cincinnati NAACP has called for Councilmember Jeff Berding to denounce his relationship with and support of Westwood Concern. The NAACP says its a non-partisan organization. They say they haven't called for Republicans Leslie Ghiz or Chris Bortz to denounce their relationship with and support of Westwood Concern because they don't depend on or receive a significant amount of African American votes and the reason they want Berding to denounce Westwood Concern is because, as a Democrat, he needs Black votes to be re-elected. Well, so does Republican candidate Charlie Winburn. So, if the NAACP isn't pushing the GOP and Republican candidates, why haven't they called for Winburn to denounce his relationship with and support of Westwood Concern?

On a related note, considering that the Beacon Boys constantly focus on the past (like the Fascist Five Coalition from 2005), why have they gone so easy on Winburn, especially considering he supported the new jail; he supports drug laws that the Beacon has labelled "racist" (has Winburn ever called for ending the city's marijuana law?); he is a preacher and a man of God but he supports unjustified wars and killing of innocent people; when he was on Council he frequently voted with his buddy Phil Heimlich for privatizing public services; he supported eliminating the City Manager form of government and putting a politican in charge of the city (executive mayor); he works for Citizens for Community Values; he opposes special rights for gays; and he has long been connected to Carl Lindner and the business community?

Brother Retribution Issues Warning To Tracy Gragston

2009-05-07T20:42:00.002-04:00

[Update: Check the comments for Brother Retribution's response to LG's comments. The Cincinnati Black Blog calls on Tracy Gragston (aka LG) to publish the original comment(s) that set Brother Retribution off. We think people deserve to see you for the cowardly boy and disrespectful sexist that you really are.]

The following comment was posted on The Black Fist blog. I am reposting it here without comment.

Brother Retribution said...

To: 'l.g.', which means, "Lying Gay". You see this is what you really are a lying, gay ass, punk motherfucker. Your steps towards our dear, precious, treasured, love and protected Sister, General Nikki X, are death steps, bitch. Why don't you step to a man you faggot, kneeling on your knees negro. You are a queer ass 'house nigger, bitch. You are in the "Black Hole" over here bitch. You better back up, before you get fucked up, you little shit eater. You momma should have closed her legs when you were coming out bitch and I would be having this discourse with you. The fact that you send that coward and shit in our space to our towering sister is a clear fact that you are a spineless, tampon wearing, coward ass, ghetto transvestite. You are a lawn jockey, shit eating, order taking little fag. If you were such an admirer of Kabaka Oba and you think that he was murdered, then why haven't you stepped to the "men" that you think killed the big rupaul, posing as a soldier and general ass bitch? I will tell you why, because you are a straight up "ho"! The fact that you take orders from homosexuals like 'Smitherman sisters' says a lot about you, 'little girl'. In our world, bitch you don't exist. Step to a man punk! You would never do this, because you are a coward and you talk bitch shit to woman, but be warned bitch, don't ever, ever step to the Sister, Queen-General Nikki X, because if your 'gay life' is a suffering task for you now, because you don't have 'balls', consider how 'gay life' will be for you with no tongue, bitch?

Thursday, May 07, 2009 10:24:00 AM

Chris Smitherman Falls From Councilman To Madman!

2009-05-07T11:04:00.000-04:00

Chris Smitherman (Photo courtesy of Black Fist General Nikki X)

Oh, How the Mighty Fall

Most elementary school children are taught the important tale of Icarus, the boy whose father made him a set of wings of wax and feathers to fly away from the island of Crete where the two had been imprisoned by an evil king. Icarus’s father cautioned him that he must fly in a straight path and not fly too close to the sun. Icarus obeyed his father’s admonition at first, but as he became overcome by the giddiness of the flight, he diverted from his path and flew too close to the sun. Icarus’s wax wings melted and the feathers flew away, leaving him desperately flapping his arms as he fell into the sea to drown.

CHRIS Smitherman has fallen and he can't get up. He has gone from flying high as a member of Cincinnati City Council to desperately flapping his arms and falling into madness. Here, the Cincinnati Beacon provides the public with a copy of a press release issued by CHRIS. To read the press release, is to read the writings of a man gone mad. In 6 years, CHRIS has been reduced from a man with power to enact legislation to a raging lunatic obsessed with conspiracies.

CHRIS is jealous of the fact that Jeff Berding and Chris Bortz got elected and re-elected to Council and neither of them will bow down to a guy who couldn't manage to get himself re-elected. He especially hates the fact that Berding not only refuses to capitulate to his demands, he makes fun of him like he did on May 1 during hour 1 of the Bill Cunningham Show and also during a recent Council meeting and on his Facebook page. Berding has his own way of demonstrating what you, my faithful readers, have known for a long time: CHRIS isn't to be taken seriously because he is a silly guy, thus his nickname on this blog -- CHRIS the Sillyman.

This blog has chronicled Sillyman's attacks on numerous respected Black leaders, including Mayor Mark Mallory; former Mayor Dwight Tillery; State Senator Eric Kearney and his lovely wife Jan-Michele Lemon Kearney; Councilmembers Laketa Cole and Cecil Thomas; former NAACP presidents Edith Thrower, Calvert Smith, Norma Holt Davis, Milton Hinton. These days, CHRIS is attacking EVERYONE and accusing ANYONE who disagrees with him of doing so because they are part of a grand conspiracy backed by the CIA and FBI to get him like, according to him, they did to Malcolm X and Rev. Dr. Martin Luther King, Jr.

Without getting into a discussion of whether CHRIS sounds crazy when, without any facts or evidence he claims that the Central Intelligence Agency -- which, as any freshman in college knows, is expressly prohibited by its charter, executive order, and federal law from gathering intelligence on U.S. soil or collecting foreign intelligence on the domestic activities of American citizens -- was involved in attacking or infiltrating the Southern Christian Leadership Conference or the Nation of Islam, there can be no doubt that he definitely sounds crazy when he implies that he is on the level of Malcolm X or Dr. King and believes that the CIA has time to waste targeting him. CHRIS is insignificant, but his confused mind tells him otherwise.

In the last few weeks, CHRIS has followed orders given to him by Charlie Winburn and Chris Finney and declared war on the Democratic Party; he has taken it upon himself to declare war on Westwood Concern and its leaders Melva Gweyn and Mary Kuhl (who, by the way, initially supported CHRIS when he was initially elected to Council and pretending to be a racial reconciliator); and he has re-started a battle with 700wlw's Bill Cunningham.

Some of my best friends are white, and they tell me that the white community is watching Sillyman's implosion and laughing hysterically. They are amazed that a nigga would be so dumb as to bring his organization's national convention to Cincinnati and in the process generate millions of dollars in economic activity, then turn around months later and start crying about how unfair the city is and declaring war on the same people he just enriched.

I ask you to take a minute, click this link, read the press release, pay close attention to the talk about the Tuskegee experiment and the FBI and CIA, then ask yourself if CHRIS the Sillyman hasn't diverted from a rational path and flew too close to the sun, causing him to go mad. It is my understanding that the picture of CHRIS the Sillyman at the topic of this blog entry was taken during one of Sillyman's shows on WDBZ Radio. He was ranting and raving like a lunatic, while desperately flapping his arms. This man is on course to crash into the sea and drown. And when he does, the people who pushed him over the edge will deny having any involvement in his demise.

CHRIS the Sillyman is not Malcolm X; he is Icarus.

One last thing... Sillyman is too foolish to know that his actions are helping Berding get re-elected. Sillyman doesn't speak for the Black community. He can't get anyone elected or un-elected. He couldn't get himself re-elected. Why is the old white media (i.e. The Cincinnati Enquirer) reporting Sillyman's every action? Because, in the end, they want Sillyman to be to Berding what Newt Gingrich was to Bill Clinton - a boogieman. They are using Sillyman's own words to make white people hate him. Then all Berding has to do is campaign against Sillyman -- a guy whose name isn't on the ballot -- to win. I don't care what the retarded and brainwashed Smart-Mouthed Little Punks like Tracy Gragston and Justin Jeffre say, Black people are going to vote for Berding because he has the endorsement of the Democratic Pary. He will definitely get more than 60% of the Democratic vote and I'd guess he'll get about 75% of the Black vote. The thing that will push Berding over the finish line will be his ability to go to white Cincinnati voters and say: before you vote, would you please take a listen to what this nigger CHRIS the Sillyman has been saying about me, Westwood Concern, the city, and even the Black mayor. Elect me and I'll continue to oppose Sillyman. And the white people will listen and vote for him.

Rethinking Gay Marriage

2009-05-06T21:00:00.001-04:00

Marion Barry

Washington D.C. Councilman Marion Barry is my kind of politician. He keeps it real and keeps the people entertained. Even when he got busted smoking crack cocaine, former Mayor Barry remained cool.

Eighteen jurors, intent on missing no detail, watched yesterday as a television screen showed D.C. Mayor Marion Barry taking two long drags from a crack pipe in a room at the Vista Hotel on Jan. 18. It was the first public screening of the FBI videotape that showed Barry's arrest on drug possession charges.

Within moments, the screen became a blur of sound and action as FBI agents stormed the room, grabbing Barry, placing him up against a wall with his arms outstretched and reading him his rights before leading him away in handcuffs.

The enraged Barry muttered over and over, "Bitch set me up . . . . I shouldn't have come up here . . . goddamn bitch" -- references to the woman who lured him to the hotel, former girlfriend Hazel Diane "Rasheeda" Moore.

The bitch did set him up! And Barry's dumb ass went to jail.

Earlier today, by a vote of 12 to 1, the D.C. Council voted in favor of recognizing same-sex marriages performed in one of the states. That's when the shit hit the fan!

The Washington Post has the story.

[After the vote] a group of same-sex marriage opponents, led by black ministers, caused uproar in the Wilson Building.... They caused such a ruckus that security guards and police had to clear the hallway. The protesters shouted that council members who voted for the bill will face retribution at the polls.

Our brother, Marion Barry responded like a seasoned diplomat.

...Barry said he disagrees with the ministers' antics today at the Wilson Building, saying the chaos "sets the movement back."

But that's not all he said....

Barry Warns of "Civil War" Over Gay Marriage

D.C. Council member Marion Barry (D-Ward 8), the only council member to vote against the bill today to legalize same-sex marriages performed elsewhere, predicted today there could be a "civil war" in the District if the Council decides to take up a broader gay marriage bill later this year.

"All hell is going to break lose," Barry said while speaking to reporters. "We may have a civil war. The black community is just adamant against this."

....

Although he has been a longtime supporter of gay rights, Barry said he voted against the bill to satisfy his constituents in Southeast Washington.

"What you've got to understand is 98 percent of my constituents are black and we don't have but a handful of openly gay residents," Barry said. "Secondly, at least 70 percent of those who express themselves to me about this are opposed to anything dealing with this issue. The ministers think it is a sin, and I have to be sensitive to that."

Now, I understand why this issue is getting news coverage -- states are legalizing same-sex marriages. I don't understand though why Black ministers and gay marriage opponents are risking going to jail by throwing temper tantrums during Council meetings. Or why they are threatening retribution against Councilmembers who voted to support the legislation. Or why Mayor Barry is warning of civil war and chaos over the issue. Of all the issues facing Black people, how is this the one agitating such passion?

I'm against gay marriage, but I won't lose any sleep if it becomes the law. And I'm beginning to rethink my opposition to gay marriage. Until now, I've always believed that civil unions are just as good as marriage. I'm too lazy to research the differences. So I'm asking you, my faithful readers, to explain them to me.

Tracy Gragston, Jr. Is A Paid Republican Agent!

2009-05-06T11:20:00.009-04:00

Jim Brady, Tracy Gragston, Jr., Kent Wellington and Joe Wilmers

Tracy Lawrence Gragston, Jr. works for the Hamilton County Juvenile Court. He is assigned to The Youth Center at 2020 Auburn Avenue. The Juvenile Court is run by 3 Republicans -- two judges and an administrator. The Judges are Thomas Lipps and Karla Grady; the Court Administrator is Mark Reed. (source)

Tracy Gragston was hired by Republicans; he is paid by Republicans; and he does what Republicans tell him to do.

In recent weeks, Gragston and his master, Chris Smitherman, have joined together with Republican Council candidate Charlie Winburn and Republican political operative Chris Finney all in a not-so-transparent attempt to persuade Black Democrats to vote for Republicans. Together they've orchestrated attacks on Democratic officeholders, including Mayor Mark Mallory and Jeff Berding. Along the way, they've advocated for positions that would hurt the Black community, like switching to proportional representation as our method of electing members of Council. (Click here to read why PR would've been bad for Cincinnati and especially bad for Black people.) It is no coincidence that former Republican State Representative Tom Brinkman, Jr. supported PR.

Black people are not dumb. Gragston's efforts are failing. Black people rejected PR and they continue to support Mayor Mallory and Democrats. Out of desperation, Gragston and Sillyman have started spreading conspiracy theories about the CIA and FBI targeting them and paying people to spread misinformation in the Black community. (They can't accept the fact that Black people disagree with them on the issues. It has to be some sort of conspiracy!)

The other day, in "Earmon Powell Is Not A Race Traitor Or Paid Agent," I told you about ongoing efforts to smear Earmon Powell. Unfortunately, one of the Beacon Boys, Justin Jeffre, has joined in the attacks on Bro. Powell. The charge against Bro. Powell goes like this: Berding offered Powell a job with his campaign; Powell took the job and helped Berding get re-elected; therefore, Powell is a paid agent and his job is to spread misinformation in the Black community. What The Fuck?!

No one has produced any evidence that Berding or anyone ever paid Bro. Powell to spread misinformation in the Black community. On the other hand, there is overwhelming proof that Tracy Gragston is a paid Republican agent.

The bottom line is Gragston works for Republicans. He consistently attacks Democrats. And he often disseminates misinformation. I've reported the facts, now I'll let you, my faithful readers, decide if the Republicans pay Gragston to attack Democrats, smear Black leaders, and spread misinformation in the Black community or if he does so voluntarily.

You might wonder who the guys are in the picture with Gragston. I've been researching them and hope to publish a Cincinnati Black Blog Special Report in the near future. Until then, I'm speculating that the reason they are smiling is because they know they've purchased another sellout nigger. Bought that nigga for cheap!

Has Tracy Gragston Been Stealing From The County?

2009-05-05T02:43:00.001-04:00

In a letter sent to the Hamilton County Administrator, the members of the County Commission, the Juvenile Court Administrator, and the County Prosecutor, Ive asked this simple question: Has Tracy Gragston been stealing from the county?

Most of you know that Tracy Gragston uses a number of pseudonyms when posting comments to blogs and internet sites. His most recognizable fake name is LG.

For several months now, I have been tracking Tracy Gragstons radio calls and internet postings. I have had a significant amount of help. We are turning our findings over to County leaders and to the press. We do not believe County employees should be engaged in political activity while they are on the clock and being paid by the taxpayers. In fact, we believe it is a crime to submit a timesheet claiming to have worked 40 hours for the county when a significant amount of that time was spent calling talk radio shows, posting comments on the Cincinnati Enquirers and Beacons websites, and prying into confidential files for which he had no need to know what was in them.

The State of Ohio is currently being sued because State employees allegedly improperly accessed files on Joe The Plumber. Im sure the County consistently emphasizes the responsibility incubent upon all County employees to safeguard confidential information entrusted to them and avoid accessing information without proper authority. Tracy Gragston has lost control of himself and seems to think he can do whatever he wants to do without suffering any consequences. We shall see. I dont believe the County is aware of what their employee, Tracy Gragston, has been up to and Im confident that once they are made aware they will take appropriate corrective action.

At a time when the County is cutting in all areas and employees are being laid off and fired, one must wonder what kind of a fool would put their job on the line by stealing from the County and doing so in such a way that they could be busted so easily.

I need one of you, my faithful readers, to look up something for me. I seem to remember a city or county employee getting in trouble for something, perhaps falsification, a few years ago and the basis of the charge had to do with claiming to be working when not doing so. Does anyone remember something like that. I also need a copy of the countys policies on computer use, internet use, and accessing confidential information. Do all the rules apply to Juvenile Court employees, which is technically where Tracy Gragston works. He is assigned to 2020.

What Happened To COAST Taxpayer Suit Over Glengoe?

2009-05-04T02:06:00.001-04:00

The Cincinnati Beacon has been doing a good job lately of questioning the NAACP and calling CHRIS Smitherman on the carpet. One example of their good work was this story: "What happened to the local NAACP and Hamilton County’s two systems of justice?"

After reading the story, I began wondering what happened to the Coalition Opposed to Additional Spending and Taxes initiating a taxpayer suit against the City of Cincinnati to recover the $300,000 in public's funds given to Pauline Van der Haer and Dorian Development.

11 weeks ago, COAST said:

On Monday, COAST will send a letter to the City Solicitor demanding that he act to prevent that illegal expenditure, and if he fails to act, COAST will initiate a taxpayer suit on the matter to recover the public's funds.

What happened? The Solicitor has apparently failed to act, so why hasn't Chris Finney and COAST initiate the taxpayer suit?

Earmon Powell Is Not A Race Traitor Or Paid Agent

2009-05-02T21:11:00.000-04:00

In the last few days, I've watched Cincinnati NAACP PRESIDENT Christopher Smitherman and his gang of bullies launch a series of bullshit attacks on our brother, Earmon J. Powell -- accusing him of being a traitor to the Black race and an "agent" working for (depending on who is making the accusation) Jeff Berding, Charlie Winburn, the Republican Party, the FBI, and the CIA.

Berding is making fun of Sillyman and his ridiculous charges on his Facebook page. (He also apparently made fun of Sillyman during last week's Council meeting when he wore dark sunglasses into the meeting and kept talking into his shirt as if he were an FBI agent.) The Cincinnati Enquirer and Cincinnati Beacon have also both covered Sillyman's ludicrous accusations. [Enq, Beacon]

Earlier today, a dear friend suggested I not write in defense of Brother Powell. She said he had it coming to him. Why? Because Powell has launched the same sort of attacks against other Black people, including me. (See, "Fanon Radio" and "Earmon Powell's False Attacks.") I disagree.

While it is true that Earmon Powell made some low-grade, baseless, personal smears against me and others -- people he disagreed with on issues -- that doesn't make right what Sillyman and his henchmen are doing to Bro. Powell. In fact, it shows weakness. To paraphrase an old saying, when you can't argue the facts, argue the law and the rules. When you can't argue the facts or the law or the rules, just pound your fist on the table, call the other person names, or start cursing but whatever you do just keep on arguing. When you hear Black people accusing other Black people of being paid agents, it means they have no facts and they've run out of legitimate arguments. The name calling and rhetoric are designed to disguise the fact that they're just arguing with empty rhetoric.

What Earmon was saying about me and other people in 2004 wasn't true. His talk of unity from one side of his mouth, and spewing of divisive rhetoric from the other side of his mouth wasn't productive. But I knew then that he had lost the debate. Bro. Powell knew the things he was saying weren't true, but he kept repeating them because he was out of arguments. I forgave Bro. Powell as soon as I heard him say those things about me. I felt sorry for him. The false claims made him seem desperate.

Anyway, Sillyman is now mad at Bro. Powell. Why? Because although Powell was one of his biggest cheerleaders in 2004 and supported Sillyman's choice for Mayor in 2005, Alicia Reece, and Sillyman's choice for prosecutor, Fanon Rucker, none of them ever offered him a job. 2 years ago, Berding did. Bro. Powell took the job and did what he was paid to do: promote the positive things he saw in Berding and help him get re-elected.

I ask you, my faithful readers, to please forgive me as I make the above point another way for all the dummies just passing by. Alicia Reece, Fanon Rucker, Cecil Thomas, Sillyman and other Black politicians all have a history of supporting white candidates over Black ones. Bro. Powell didn't hold that against any of them. He volunteered what he had -- his time, his voice and his standing in the community -- to help get them elected. Not one of those niggas offered Bro. Powell a job, even though they all knew he had a family to support and that he wished to work in politics. Any one of them could've done what the white man, Berding, did: took Bro. Powell under his wing, made the Party recognize him as an insider, and ultimately helped put Powell in a position to be a better political operative.

I've heard Sillyman whine many times over a story the Cincinnati Enquirer published titled "Smitherman splits city in first weeks." Look what Bro. Powell said about Sillyman back then.

Smitherman's supporters come to council meetings to applaud his statements and hold signs saying, "Smitherman for mayor."

"He's a great example of what strong leadership is - black or white," said Earmon J. Powell, a West Price Hill resident who met Smitherman when he was campaigning at last year's Black Family Reunion. "He's done more work than any of these jokers have for years.''

Why are Sillyman and people like Tracy Gragston saying such awful things about Bro. Powell? Because the Fool-Aid has worn off. Bro. Powell isn't parroting Sillyman's talking points anymore. He is actually thinking for himself and voicing his disagreement with Sillyman on a few issues. I've never heard Bro. Powell make it personal with Sillyman like he did with me and others. But like most cult leaders, Sillyman demands absolute agreement from his peons. (Notice he doesn't demand that white folks like Chris Finney march in lockstep with him.) He considers himself a great PRESIDENT who must be respected. Earmon Powell doesn't have a title, thus he is nothing to Sillyman. When Blacks stop chanting his name and proclaiming him The Greatest, Sillyman turns dark and sends his minions out to seek and destroy the traitor.

Another good example of this is WDBZ Radio weekend host Ken Anderson. Sillyman used to call Anderson's show every Saturday and call him a "political genius". But when Anderson dared to disagree with Sillyman over the Proportional Representation ballot initiative that would've weakened the Black community politically and the Streetcar, Sillyman turned on him. Because of his positions, the SMLPs now accuse Anderson of being a paid agent. They can't identify who is paying Anderson, but that doesn't stop them from making the charge.

People who know me or read this blog understand that I hate to see someone taken advantage of or bullied. Sillyman is stronger than Earmon Powell. Leave him alone.

Vice President Joe Biden: Don't Ride The Subway!

2009-04-30T07:12:00.002-04:00

He just said it on the Today show. And don't ride the bus or take a plane.

N.Y. Councilman’s Role in Sister’s Hiring Is Examined

2009-04-29T14:37:00.003-04:00

New York Councilmember Larry B. Seabrook

Please try not to get ahead of me on this one.... I'm presenting this story as a way to contrast how the people of New York -- through their elected officials and press representatives -- handle accusations that public figures are using their positions to obtain financial gain or personal advantage for themselves or close family members versus how the people of Cincinnati and Hamilton County handle similar accusations.

A few years ago, when New York City was pressuring advertising agencies to hire more black executives, City Councilman Larry B. Seabrook, chairman of the Council’s Civil Rights Committee, approached one of the largest companies with a plan to address the issue.

The company, the Omnicom Group, ultimately endorsed Mr. Seabrook’s plan to create a high-powered diversity committee and agreed to spend $2.25 million on initiatives. It also decided to retain a consultant from Atlanta whom Mr. Seabrook had proposed to help run the committee.

The City Council speaker, Christine C. Quinn, praised the plan. H. Carl McCall, a former state comptroller, agreed to serve on the committee. And Omnicom saw the plan as an effective response to concerns that just 2 percent of the higher-ranking jobs at New York advertising firms were held by blacks.

But Ms. Quinn, Mr. McCall and the company say they were never told that the candidate recommended by Mr. Seabrook in early 2007 was his sister!

Yeah, you read that right. The nigga came up with a plan to have $2.25 Million pumped into a high-powered diversity committee, then recommended that his sister be hired as a consultant to run the committee (and, I'm sure, steer more of the money into friends' and family members' pockets).

Unless you haven't been paying attention you already know that Cincinnati NAACP PRESIDENT Christopher Smitherman has been doing the same thing as the New York Councilman. The NAACP has been pressuring the City of Cincinnati, Hamilton County, the Port Authority of Cincinnati, and the people associated with the Banks Project to hire more Black contractors, professionals, and workers. (They don't talk much about the Black workers very much anymore; they are focused on the big money contracts.)

The City and County endorsed and implemented Sillyman's plan to have Steven Love and Robert Richardson appointed to the Banks Working Group. [source] Steve Love is a member of the Board of the Port of Greater Cincinnati Development Authority, which oversees millions of dollars in redevelopment projects.

Sillyman and his sidekicks, including notorious crook James E. Clingman (known on this blog as Jim CONman) continue to pressure the City to respond to concerns that, according to them, approximately 1% of contracts are awarded to companies certified through the Small Business Enterprise (SBE) program.

It has been revealed that the Port Authority and Steve Love went out and recruited Sillyman's brother, Albert Smitherman, to do $1.6 Million worth of work on a Port Authority project. [source 1, source 2]

In New York, this is a story. In Cincinnati, not so much. The lazy, mainstream media can't be bothered with reporting actual news as they're too busy promoting Cincinnati Tea Parties, lying about Black Cincinnati Council candidates (See, "Enquirer Trying To Sabotage Bernadette Watson's Campaign?"), and defending lawless behavior from their favored groups like Westwood Concern.

Notice how New York deals with this sort of situation.

Ms. Quinn referred the matter this month to the city’s Conflicts of Interest Board and the Council’s Standards and Ethics Committee after learning of the relationship from a reporter.

City regulations prohibit elected officials from using their positions to obtain financial gain or personal advantage for themselves or close family members.

“Obviously, now that we have knowledge of this, it’s an issue we take very seriously,” Ms. Quinn said.

Where is our Conflict of Interest Board? We don't have one. How about our Council creating a Standards and Ethics Committee?

The law ought to prohibit not only elected officials from using their positions to obtain financial gain or personal advantage for themselves or close family members, but also lobbyist and public advocates. If you want to be a tree-shaker, you can't be a fruit-gatherer. Period. You shouldn't be able to use your position as PRESIDENT of the Cincinnati NAACP to obtain contracts for your brother. (The Cincinnati NAACP really ought to have their own ethics policy in place to prohibit what Sillyman has done.)

Because you, my faithful readers, are smarter than the average Cincinnatian, you probably already know that many of the reforms brought to the city by the Charter Committee (i.e. Proportional Representation) were later adopted by New York. Cincinnati was rightfully regarded as a leader in the good government movement. (I won't let the comments be overtaken by you fools who want to continue debating we look backwards and reinstitute PR. New York did away with PR decades ago.) Today, Cincinnati has fallen behind. We need to look to places like New York for ideas on how to bring good government back. A good place to start would be with a Conflict of Interest Board and a Standards and Ethics Committee. It would also be a good idea for elected officials to stand up and speak when they see people like Sillyman demanding that Blacks get more contracts only to find that his brother benefitted from the fight to the tune of $1.6 Million.

If Phil Heimlich was on Council, he'd have something to say about what's going on. And the Enquirer would be reporting what he had to say.