Category Archives: news

Ohio Townships look to Unconstitutionally Tax Homeowners

On September 9, the 1851 Center asked the Supreme Court of Ohio to review, and stop, Hamilton Township’s implementation of a tax on new homes.

Ohio’s townships cannot levy taxes. This has made them a popular destination for Ohioans who wish to flee the high costs of city living. However, Hamilton Township (in southwest Ohio) has imposed a charge that, if allowed to stand, would change this. The township has simply labeled its $6,000 tax on new homeowners and developers an “impact fee.”

“This case is about whether Ohio townships may tax citizens, simply by labeling those taxes ‘fees,’ even though Ohio law denies townships this privilege,” 1851 Center Executive Director Maurice Thompson wrote in the brief. “Accordingly, this case raises several issues of great importance: (1) where the line is drawn, in Ohio, between what constitutes a ‘tax’ and what constitutes a ‘fee;’ and (2) whether Ohio townships have some form of inherent police powers beyond those specified in the Ohio Revised Code, or instead, are creatures of limited and defined powers.”

1851 Center, September 29, 2010

Ohio Counties Can’t Avoid Public Meetings Law; Hold Secret Meetings on Million-Dollar Contracts

In an effort against public corruption in Cincinnati, the 1851 Center filed an amicus brief in the First District Court of Appeals to stop secret meetings amongst Hamilton County Commissioners.

To prevent sweetheart deals and ensure open and objective debate, Ohio’s county commissioners must discuss important public business in public meetings. Cincinnati residents were alarmed to discover Hamilton County Commissioners met behind closed doors to discuss a multi-million dollar contract associated with Cincinnati’s government-planned riverfront development.

The commissioners, which include David Pepper, who is running for Ohio Auditor, claimed they were entitled to meet in secret because Mr. Pepper and Commissioner Todd Portune are attorneys, and were giving legal advice to the remaining commissioner at the meeting.

“A fundamental right underlying our government in Ohio is that Ohioans have a right to know and understand the actions taken by elected officials. This principle is reflected in the Ohio Constitution and Revised Code,” according to the 1851 Center’s brief.

The case awaits oral arguments and the court’s decision.

Source: 1851 Center, September 29, 2010

Senator Brown Calls on Navistar CEO to Keep Jobs in Springfield

U.S. Sen. Sherrod Brown (D-OH) sent a letter this week to Dan Ustian, CEO of Navistar International Corporation, urging him to maintain operations at the company’s plant in Springfield. In early August, nearly 400 workers received notice that layoffs may begin as early as October 4.

“The workers in Springfield are second to none in work ethic, dedication, and productivity,” Brown wrote to Ustian. “As Navistar continues with its military and commercial sales and further progresses with the development of cutting edge technology, I urge you to consider the Ohio workforce that has played a critical role in the company’s success.”

Navistar International Corp. produces commercial trucks and diesel engines. The company recently made a commitment to expand operations in Illinois. Brown urged Navistar to make a similar commitment to the Springfield community. In his letter, Brown urged Navistar to continue working with local, state, and federal officials to keep employees working.

Christians Preach to Muslims & Get Arrested

By David J. Rusin

Does the First Amendment protect Christians who bring their message to Muslims at public events or in front of mosques? This is a good question, given the trend of missionaries being placed under arrest while proselytizing to followers of Islam — right here in the United States:

• On June 18, four Christians were arrested for breach of peace at the Arab International Festival in Dearborn, Michigan. The group’s videos show them engaging in reasoned debate with Muslims or merely roaming around, but one festival volunteer accused them of harassment, making him feel “nervous.” According to the Detroit Free Press, “Police said the missionaries were arrested because they failed to obey police commands. Officers maintain the group’s actions were a public safety issue because they caused a large number of people to gather in a small place.” The trial is now in progress.

• On July 3, two evangelicals in front of Philadelphia’s Masjid al-Jamia were arrested by University of Pennsylvania police officers for disorderly conduct and obstruction of a highway. Michael Marcavage says that a bicycle cop demanded that they cease preaching there. When backup arrived, Marcavage started to film. The Daily Pennsylvanian recounts: “He claimed that Officer Nicole Michel assaulted him and forcibly shut off his camera. Marcavage called 911 because ‘the officer was out of control,’ and began filming once more, at which point the police confiscated the device.” He insists that they intentionally destroyed his footage. The trial is scheduled for November.

• On August 30, Mark Holick was outside the Islamic Society of Wichita, Kansas, distributing “packets that included the Gospel of John and the Book of Romans in English and Arabic, [and] a DVD with testimonies of former Islamists who have come to the Lord,” when police allegedly ordered him and a dozen others to move away from the building. He was then arrested for “loitering and failing to disperse.” Holick wants the charges dropped.

At the core of all three cases is the principle that government or entities acting on its behalf cannot muzzle unpopular speech. Newt Gingrich sounds a more specific alarm: freedom is being sacrificed to Shari’a law’s “intolerance against the preaching of religions other than Islam.”

No American city epitomizes this concern as much as heavily Muslim Dearborn. Members of the same Christian group, Acts 17 Apologetics, were tossed from last year’s Arab fest by abusive security personnel. Dearborn authorities attempted to curb the rights of a separate Christian organization to disseminate material at the 2009 event, restrictions later overturned by a federal appeals court. To add insult to injury, Mayor John B. O’Reilly Jr. recently declared that his city is “under attack” by Acts 17.

To learn more, go to the Islamist Watch blog. This article was originally posted there on September 24, 2010.

Increase in Unemployment Numbers for August

Unemployment numbers released last week by the Department of Labor show an increase in unemployment from 9.5 percent to 9.6 percent. This means a net loss of 54,000 U.S. jobs in August. Despite the net loss, private-sector employers added 67,000 jobs in August, however that wasn’t enough to counter balance the 114,000 temporary Census workers that are no longer employed by the Census Bureau.

Prior to the formal announcement, many economists were expecting growth in the unemployment rate. During his speech to bankers and economists in Jackson Hole, Wyo. on Aug. 27, Federal Reserve Chairman Ben Bernanke eluded to the negative numbers and the need for strong responses from both lawmakers and private-sector leaders as well.

Unfortunately, despite modest gains throughout the year, manufacturers in August cut 27,000 jobs, while struggling state government cut 14,000 jobs. There were a few bright spots: 28,000 new jobs were created in the health care sector, and 19,000 jobs were added in the construction industry. Temporary staffing companies also added jobs to the tune of 17,000 in August.

This data is in-line with the NSBA Mid-Year Economic Report which showed only 11 percent of small businesses hired new employees while the majority—53 percent—made no changes whatsoever to their employment.

Source: NSBA, September 7, 2010.

Majority of New Yorkers Oppose Ground Zero Mosque

The NY Daily News/Marist Poll reports 51% to 41% of New Yorkers oppose the Ground Zero Mosque.

The poll “showed 48% of city residents against the planned $100 million community center don’t want it downtown at all, let alone two blocks from where the twin towers came down.”

“The poll of anti-mosque New Yorkers also found that 23% believed one mile from Ground Zero would be far enough for the mosque to be built. Ten blocks was sufficient for 17%, while 7% could accept a five-block buffer and 5% were unsure.”

“There was a gender split. Women outnumber men as opponents of a mosque near Ground Zero, and among those, 52% want to keep it out of lower Manhattan, compared with 41% of men.”

New Yorkers are not the only opponents of mosque/community center. Other polls show most Americans are opposed to it. Muslims have voiced opposition as well. The main issue is not whether an Islamic community or another mosque should be built in New York; the issue is most are opposed to either being built near the site where Islamic zealots achieve a partial victory against America.

Source: NYDailyNews.com, September 13, 2010.

Sept. 22 See You at the Pole™ Student-led Prayer at School—20th Anniversary Year

“REVEAL” (Matthew 6:9-13) is the theme for See You at the Pole 2010, the Annual Global Day of Student Prayer. The event is scheduled for Wednesday, September 22, at schools across the United States and in other countries.

Many Other nations have launched SYATP movements with their own promotional efforts, including Australia (where it was observed in 2010 on May 20) and Canada (on the same date as U.S.).

This is the 20th anniversary for See You at the Pole, a student-initiated and student-led movement that started in the Ft. Worth suburb of Burleson, Texas, in 1990. SYATP brings students to their school flagpoles to intercede for their leaders, schools, and families, asking God to bring moral and spiritual awakening to their campuses and countries.

Everything necessary for students to plan and promote a successful SYATP is available free at www.syatp.com. Additional promotional resources can be ordered online or by calling (817) HIS-PLAN (447-7526) between 9-5 (Central Time), Monday-Friday. Brochures, a promotional DVD, and posters are some of the materials available for 2010.

The San Diego-based National Network of Youth Ministries coordinates SYATP promotion. Paul Fleischmann, president of the Network, commented: “For 20 years, we have seen this day serve as a springboard for unity for teenagers on their secondary and college campuses. See You at the Pole unites students in prayer at the beginning of the school year. Challenging youth to take leadership on their campus is always a good idea. Every year, it offers a fresh challenge for them to minister to their friends.”

Xenia public and school officials, businesses, churches, non-profit organizations, citizens, and visitors could use some fervent prayer of its youth. Let’s God see and hears many of them at the pole.

Columbus MHA Housing Fund Fiasco

Four Columbus-area newspapers have been paid over $100,000 dollars by the Columbus Metropolitan Housing Authority (CMHA) to advertise classifieds and legal ads, but one newspaper’s records shows more money being paid out than recorded.

Starting on February 17, 2009, money from one Department of House and Urban Development grant, to be used to improve already existing housing units in the area, has provided “advertisement services for nine (9) projects, funded thru the ARRA funds.”

The four newspapers the CMHA advertises in are the Cleveland Call and Post, the Columbus Communicator, the Minority Communicator and the Columbus Dispatch.

Charles Hillman, head of the CMHA, says the advertising costs correlates to the requirement by federal law that there be public and open solicitation to perform a service for these types of projects. He did not cite the law. Hillman replaced Dennis Guest earlier this summer, after serving for 24 years.

In an e-mail to the Buckeye Institute, Hillman says, “CMHA Policy in selecting contractors based on Public Bidding Process. All construction projects above $25,000 are Publicly Bid out, and advertised in the local news paper. The LOWEST AND BEST BIDDER “CONTRACTOR’ IS AWARDED THE CONTRACT.”

Hillman says, “According to CMHA Purchasing Policy, ads are placed in the local paper (The Columbus Dispatch, The Call & Post, an MBE [Minority Business Enterprise] paper, and the Community Communicator, an MBE paper). Ads are placed for two weeks. We usually advertise for five ads in the Dispatch, on Sundays and Wednesdays, and the first Sunday of the third week. The ads in the other two papers are on Thursdays only. For the Stimulus Package projects we added one more weeks of the ads to insure contractor’s participation. Thus advertising seven ads in three weeks.”

The three other grants in the Columbus area were awarded to the City of Columbus, not CMHA.

Jack Harris, president and publisher of The Communicator News, says they’ve been running classified ads for CMHA for years. He says they “don’t keep a record,” but “if the [CMHA] say[s] they did it, then they did.” The Communicator News includes both the Columbus Communicator and the Minority Communicator newspapers. The CMHA has reported paying the two Communicator newspapers $7,800 collectively for advertising services between February 17, 2009 and June 30, 2010.

The Cleveland Call and Post is the only newspaper to show records of what kind of advertising CMHA does and, even though they were incomplete, they revealed a number of financial discrepancies.

The first quarter, for example, technically started on February 17, 2009 and ended on September 30, 2009. Two payments of $370.48 were made, however, on January 22 and 28, 2009, and a third on February 11, 2009 for $268.28. None had descriptions.

In the official report, the CMHA claimed to pay the Call and Post $1,396 for the first quarter. The records provided to the Buckeye Institute starting on February 18, 2009 to August 26, 2009 show payments totaling $6,187.38 for CMHA classifieds and legal ads.

Victoria Mockabee, the Call and Post’s current Department Coordinator, says the dates and amounts provided “is all I can find from 2009 from the previous person who handled this position.”

The Columbus Dispatch would not discuss specifics of the CMHA advertising, but the CMHA public reports show payments totaling over $80,000.

The fifth quarter report is scheduled to be released on September 30, 2010. Hillman says the report “will show all projects 100% completed.” The sixth report, to come out on December 31, 2010, “will show all Stimulus Funds 100% expended and drawn.”

The Department of Housing and Urban Development awarded Akron 11 grants, Cincinnati 35 grants, Cleveland 7 grants, Columbus 4 grants, Dayton 10 and Toledo 11 grants and 5 contracts. Ohio has received 920 contracts, 6850 awards and 39 loans in total, amounting to over $7.82 billion dollars.

Ohioans Are Now Free to Support the Constitution…

In a case that made it all of the way to the desk of Rush Limbaugh, the Andover Tea Party in Ashtabula County has prevailed in its efforts to hold a Constitution Day rally on Andover Public Square. Previously, township officials had informed the residents that a rally in support of the Constitution was too political for the public square.

On September 16, U.S. District Court Judge Donald C. Nugent granted the 1851 Center a temporary injunction against Andover Township. The ruling cleared the way for the rally, and upheld the residents’ First Amendment rights. If the judge sided with Andover Township, local governments across the state would be emboldened to trample on First Amendment rights.

The Framers of the Constitution ratified the First Amendment to protect the right to debate the proper role of government without fear of retaliation.

The case in Andover demonstrates how the political class overlooks such basic constitutional rights. But it also demonstrates the need for Ohioans to vigilantly police their local governments, and when necessary, stand up to them. Courage is usually the first step in protecting one’s rights, and our clients in Andover should be applauded for theirs. We encourage other Ohioans to follow suit.

To learn more about the 1851 Center, visit http://www.ohioconstitution.org

Lee Fisher Strategizes with Planned Parenthood

Lee Fisher, U.S. Senate candidate, has been a loud, steady voice for abortion throughout his years in the public eye. On Friday, September 17th, Mr. Fisher is scheduled to join Cecile Richards, President of the Planned Parenthood Federation of America, for a conference call open to the public. Ms. Richards will be in Ohio for the day, with the call scheduled for 1:30 p.m.

During the conference call, Fisher’s campaign plans to talk about “Lee’s progressive vision for Ohio and the country, the path to victory, and how voters sustained energy and involvement will put Lee Fisher across the finish line on November 2nd.”

Pro-lifers, however, would like to ask Mr. Fisher and Ms. Richards to discuss the increasing number of abortions performed in Fisher’s home county, Cuyahoga, and what they have been doing to decrease those numbers.

Sadly, Cuyahoga County consistently boasts the state’s highest numbers of abortions performed annually. In 2008, there were 10,038 abortions performed in Cuyahoga County-more than double the numbers in Franklin County (Columbus) and Hamilton County (Cincinnati).

It seems that Mr. Fisher believes that good healthcare means partnering with Planned Parenthood, the leading abortion provider in the country. What do Ms. Richards and Planned Parenthood have to say about the alarming numbers of abortions performed in Mr. Fisher’s home Cuyahoga County?

Join the call to ask Mr. Fisher and Ms. Richards what they are doing to end the alarming number of abortions happening right here in Cuyahoga county. To RSVP, click on the following link: http://action.fisherforohio.com/signup_page/cecilerichards

Source: Ohio Right to Life, September 16, 2010

Ohio Township Blocks Rally to Commemorate Constitution Day; Event Deemed Too Political

The 1851 Center for Constitutional Law today filed a complaint and temporary restraining order against Andover Township (Ashtabula County) in U.S. District Court in Cleveland. The complaint charges that township trustees’ actions blocking a Constitution Day (Sept. 17) rally on Andover Public Square, by local residents, violated the First Amendment. The 1851 Center, a non-partisan public interest law firm, is representing residents Margaret L. Slingluff, Emily Kobialko and Scott Bankson, organizers of the “Andover Tea Party,” in the action.

Township officials informed the residents that speech at the Constitution Day rally could be of a “political nature,” and thus inappropriate for the public square.

The decision to deny access to the park was made in accordance with a township resolution allowing officials to determine public space usage “on a case by case basis,” and to ban speech that they deem too “political.” However, the park in question is a common gathering point for public events that often have far more political overtones. Officials made no inquiry as to the size of the rally, or other pertinent logistical concerns.

“The First Amendment clearly protects the right to gather on the public square, speak out in support of limited constitutional government, and critique the current state of affairs,” said 1851 Center Executive Director Maurice Thompson. “The government’s action in this case, ironically, demonstrates the need for greater public understanding of Constitutional rights. One way to do that is through commemoration of Constitution Day.”

“The townships’ self-aggrandizing authority to pick and choose who may speak, based upon whether they approve of the speaker’s message, is entirely unconstitutional,” added Thompson.