Friday, September 21, 2007

Ohio Elections Commission Rules for County, Comprehensive Safety Plan Proponents

Posted by The Dean of Cincinnati

Photo courtesy of here.

(Editor’s Note:  I decided to post this media release from David Pepper’s office because I am hoping that Nate Livingston will have a chance to respond to the allegations against him.)

Tosses Out Complaint; Plan Opponents Don’t Even Make Appearance

(September 20, 2007). The Ohio Elections Commission today ruled in favor of Sheriff Leis, Commissioners Todd Portune and David Pepper, finding no probable cause that they and other supporters of the Comprehensive Safety Plan made false statements when talking about the county’s safety crisis.

"Although wholly expected, today’s ruling allows us to continue to make our message clear ... that we do not have the space or money to properly house inmates or make the County safe.” said Commission President Portune. “Unfortunately, it is the cold hard truth.”

The independent panel took only a few minutes to toss out the complaint, which alleged that certain statements (such as that the system was overcrowded, that the Queensgate facility was not a safe place to house prisoners, and that the Butler County rental situation was not sustainable) were not true.  The complainant, Nathaniel Livingston, one of the vocal opponents of the safety plan, didn’t even bother to show up at the hearing.  The County and other defendants were forced to send a team of staff and attorneys to Columbus to defend against the frivolous complaint.

“The bottom line is that we have important work to do to solve our safety crisis, so we applaud this common sense ruling,” Pepper said.  “Apparently, the opponents of the plan are more interested in filing frivolous complaints like this one that waste time and taxpayers’ money.”

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says:
21 Sep 2007  at  08:03 am | #

Nate, if you’re going to file a complaint, at least show up to the damn hearing!  You talk all this mess about what you plan on doing and didn’t even bother to show up!  You’re an embarrassment.  That’s why people in the BLACK AND WHITE communities don’t take you seriously and laugh at you.  You’re the equivalent of a sideshow and the Cincinnati Black Blog is the equivalent of a tabloid!  Get yourself together, get a career and do better now that you know better!  No one will respect you as an activist or whatever the hell you want to call yourself until you learn the value of “follow-through”!

says:
21 Sep 2007  at  09:34 am | #

Is anyone “really” surprised?

Columbus Lobbyist says:
21 Sep 2007  at  10:40 am | #

So the NAACP does a bang up job of getting this matter on the ballot. Good deal!

Good deal on Nate getting this before the Columbus Cabal Against Citizens (aka the Ohio Elections Commission). Was he unable to get off work? Did he not get their letter in time? Was he waylaid getting to Columbus?

Did Lord Bill Mallory recuse himself from the vote, or represent the voices of Hamilton County Opportunistic Lobbyist rule headed by Richard Weiland?

says:
21 Sep 2007  at  12:23 pm | #

C’mon Nate!

Showin’ up is half the battle!

More light, less heat please!

Jones says:
21 Sep 2007  at  01:18 pm | #

The complainant, Nathaniel Livingston, one of the vocal opponents of the safety plan, didn’t even bother to show up at the hearing.  The County and other defendants were forced to send a team of staff and attorneys to Columbus to defend against the frivolous complaint.

Surely the Court system will file some sort of Certificate of Judgment against Livingston for his joke complaint. That dwarf has cost the taxpayers thousands of dollars in wasteful filings in the Courts.

I figured something smelly (like his little black suit) was going on. Bloggers over at his racist blog asked to see his complaint to use as a comparison to what the media might have to say. It was put up or shut up. As usual, Nate didn’t bother to post his complaint.

I wish someone had the cajones to run his little black racist a$$ out of this town, I truly do. We might have to wait a year until one of Oba’s sons gets out of the state pen.

J-lock says:
21 Sep 2007  at  01:42 pm | #

According to the press release, “The complainant, Nathaniel Livingston, one of the vocal opponents of the safety plan, didn’t even bother to show up at the hearing. “

When the police don’t show up for court those cases are tossed too.  That doesn’t mean the person cited was innocent of speeding, reckless driving or breaking other laws.  Without the police testimony there is just insufficient evidence.

Had a credible complainant showed up with a lawyer the outcome of yesterday’s Election Commission hearing might have been much different.

This ruling does not prove innocence.

Think OJ

says:
21 Sep 2007  at  02:15 pm | #

Nate can’t say much - he didn’t even bother to show up for the hearing, and his complaint offered no evidence to support his case.  Big “surprise” here that it was dismissed.

Jones says:
21 Sep 2007  at  06:10 pm | #

Was he unable to get off work? Did he not get their letter in time?

Columbus Lobbyist, wake up here.  N8 got their letter in ample time.  So much time, he was able to post it on his joke blog & was able to burble & coo about it. He finally posted his complaint to Columbus. Gosh, what a mess. I can see why they tossed it as “political”.  It wasn’t even political; it was nothing but a psycho rant.

It was the stuff & substance people have been accustomed to when N8 was an office boy for that crack addict criminal lawyer, Kenny Lawson. I compared it to some garbage he wrote for the Courts in defense of Dale for Sale Mallory & a mental diatribe he filed in connection with a traffic ticket he picked up in Northside. Same style, same cadence, same metier, same verbiage, same baloney. Just the usual stopped on stupid junk.

N8 work?  Yeah, if you call blogging all day from a crackshack on Crack Alley in Northside employment. The Mallorys keep him flush with a bit of folding pocket money.

CincyCapell says:
22 Sep 2007  at  01:18 am | #

HA! The band of ‘100 registered green’ chronic losers lose again. You will continue to loose all the way to election day-and beyond.

says:
22 Sep 2007  at  08:31 am | #

Interesting that no one can dispute Nate’s claims—only blast him for not being able to make the hearing, though no one knows if he has good reason or not.

Someone should refile and present the evidence.

says:
22 Sep 2007  at  09:46 am | #

Dean, if he makes the meeting then the claims can be debated.  Nate has valid points that I don’t think anyone would even try to dispute other than the Sheriff and the Democratic Commissioners.  However, when you file a complaint in court, you should hire representation and have your representation appear.  If a person is cited to court and they don’t appear because of an emergency, a warrant is issued to arrest them so they must appear.  While I realize this is a civil matter and not criminal, court is a serious situation nevertheless.  And if you don’t appear because you’re not prepared to argue the mertis of the dismissal, that’s Nate’s fault for not hiring an attorney or taking the time out to review the motion.  I’m not casing he has a bogus case...I’m saying that if you fail to prepare, be prepared to fail.

says:
22 Sep 2007  at  09:54 am | #

Fine, but Nate did more than anyone else, in his defense.  I hope someone else who does have the time to make it to Columbus will refile.  There is plenty of time.

What’s your schedule like, L.G.?

says:
22 Sep 2007  at  09:58 am | #

Nate has updates and responses to questions at the original blog post:

http://blackcincinnati.blogspot.com/2007/09/taking-pro-jail-taxers-to-columbus.html

anon says:
22 Sep 2007  at  12:21 pm | #

The commission has an obligation to investigate all complaints regardless of whether the complainant or others ( who could have shown up if they believed in the claims) show up or not—the commission is the first ruling body of bi-partisan, mixed races and sexes to review the claims of the anti-safety plan crowd - and found, their claims have no merit

says:
22 Sep 2007  at  12:25 pm | #

No, they did not find that.  They found that they had no evidence presented, because Nate could not show up due to a last minute emergency.

says:
22 Sep 2007  at  08:27 pm | #

My schedule’s hectic, Dean.  I’ll do my part by voting Issue 27 (the jail tax issue) down in November and pushing people to do the same thing.  I’m giving Nate hell b/c if it were anyone else who did what he did, he would give them hell as well.

Ric Ricland says:
23 Sep 2007  at  04:07 am | #

The complaint was not only frivolous, it is typical of Nate’s grandstanding politics.

As I’ve pointed out time and again, he, Smitherman, et. al, are on the absolute wrong side of this issue. The jail tax results in the quality of life improving for thousands of black folk passing through our criminal justice system. The cost of this improvement is less than $33 per year, per taxpayer, a cost that will mostly fall on white taxpayers.

In other words, there exists no sensical reason for a black person to be against the jail tax. None whatsoever.  It’s a no brainer. A brand new jail with central air-conditioning and all the amenities for the piddling sum of $33.

So why is the NAACP against it? Clearly, the NAACP is against it because Smitherman is against it; there can be no other reason. And the reason Smitherman is against it is because he promised the NAACP’s endorsement AGAINST it to white political groups who promised to support his now defunct Council seat bid.

Also, this explains Smitherman’s immediate attack on the Hamilton County Justice system after he was told he couldn’t run for Council by the NAACP national guy—misdirection.  He was trying to manufacture another reason for the NAACP to be against the new jail—“The Levonn Smith case is the reason why the NAACP will never support a new jail!”—to cover his now defunct political reasons for whoring the NAACP out to the highest bidder.

But back to Nate ...

There was no “emergency.” Nate just turned yellow. And the reason he turned yellow is because it became clear to him he doesn’t have the moral high-ground—that his motivation for being against the new jail was not because it’s the right thing to do, but because it was something he was doing to draw whites to his blog.

In other words, had Nate really believed not building the new jail was the right thing, no power on earth would have stopped him from being in court—nothing.

Bottom line, the next time your read about a inmate stabbing at Queensgate remember that Nate Livingston and Chris Smitherman—black men!—because of their stupidity and political whoring, are responsible for the abominable conditions black inmates still endure.

ricland

says:
23 Sep 2007  at  06:31 am | #

ricland,

Since logical thinking is beyond your grasp, the following topics are now banned, for the reasons stated below.  If you post comments touching on these topics, they will be moved to a special forum designed just for your to spread illogical lies.

Firstly, Christopher Smitherman does not have the power of mind control.

I know this is hard for your to comprehend, but the NAACP has lots of people in it who have their own minds.  He did not send engage in mass hypnosis before both Portune and Pepper spoke.  And if you really wanted to know why the NAACP membership is against the jail, you’d come to an NAACP meeting and find out.  But you don’t do that.  You hide in whatever little hole you have carved out for yourself, and you repeat lies on this blog—I guess hoping that through repetition people will believe them.

Secondly, Smitherman did not step down from the Council race because the guy from nationsls came into town.

If you knew anything, you’d know that news of Smitherman not running was all the talk among political insiders for a week or two before the meeting and visit in question.  Smitherman realized he had to choose between being the President at the meeting where Pepper spoke, or causing some stir by stepping down on that same day.  He made the right decision.

So, as I said, if you continue to repeat your lies, they will be moved.

I’m also curious how you know Nate did not have an “emergency.” How do you know?  Do you stalk Nate?  You probably do.  Maybe that is why you have served time before?

Anon says:
23 Sep 2007  at  09:00 am | #

Ricland,

I’m a little confused. Which are you? Are you the Ricland that claims to have spent two months in jail, or, The republican black man that doesn’t have a criminal record? You cannot have it both ways. If you tell the truth you don’t have to remember which lie you told last.

Jones says:
23 Sep 2007  at  11:30 am | #

I’m also curious how you know Nate did not have an “emergency.” How do you know?  Do you stalk Nate?

Oh, for pity’s sake. That thin excuse was an easy read. N8 said it himself that he needed to do more research & preparation. This is stuff you do on the front end, not at showtime. In addition, Big Daddy Mallory sits on that Ohio Elections Commission Board.  N8 is a paid Mallory stooge.

Again, Livingston choked & puked. When it’s time to pull the curtain back, N8 has an “emergency” or withdraws a complaint. You can set your clock on it.  Go look at the Clerk of Courts records. It isn’t the first time he’s pulled such charades.

It’ll be interesting to see if the OEC entertains a re-file or an appeal. More taxpayer time & money wasted.

I’m not defending Ricland, but I don’t believe for one second he “stalks” N8.  N8 thinks everyone’s stalking him. People have far better things to do.  Besides, everyone in this town generally knows where N8 is at any given time, as he’s rather obvious. The records & documentation speaks for itself on this entire issue. N8 waffled again.

Ric Ricland says:
23 Sep 2007  at  01:12 pm | #

Anon says:
23 Sep 2007 at 09:00 am | #

Ricland,

I’m a little confused. Which are you? Are you the Ricland that claims to have spent two months in jail, or, The republican black man that doesn’t have a criminal record? You cannot have it both ways. If you tell the truth you don’t have to remember which lie you told last.

Sure, “Anon,” but how’s about first telling us who you are? And why not include a photo or video of yourself the way I’ve long done on my site? And by the way, why are you posting anonymously anyway?

They’re coming after me, boys, and it’s the same people behind that frivolous Leis suit.

In another thread the Dean announces I’m “banned” because according to yet another “Anon,” I wrote a post he thought was threatening.

Well, here’s another threat, Jason: As long as you keep letting Smitherman whore the NAACP and you yourself keep libeling our public officials crooks, I’m going to write posts that take issue with those tactics.

And I’ll do it here on on my own blog, but it’s going to get done either way.

ricland

Nate Livingston says:
23 Sep 2007  at  02:46 pm | #

Dean

Thanks for the opportunity to respond. As you mentioned, I’ve already responded to many of these questions on my blog. I just can’t bring myself to respond to some of the nonsense and stupid stuff being said by some people.

One of the dumb things being said by eRic Landers to anyone who will listen does need to be challenged. eRic has claimed several times that some of the county’s jails don’t have central air conditioning. He has also said that people—Black people—are being stabbed at Queensgate and/or other jail facilities. Both of these claims are false and appear to come straight from eRic’s overactive imagination.

But, notice how the pro-jail tax supporters refuse to demand that their fellow supporters only put out accurate information.

Notice how the main proponents of the jail tax won’t condemn Simon Leis for breaking the law and misusing government property.

Notice how the Jail Taxers won’t stop spreading false information even though doing so also constitutes a violation of law. (Their lawyers even suggest they have a constitutional right to lie.)

Ironically, the Jail Taxers are the same people who call for zero tolerance of law breakers when the laws they want enforced affect poor people and Black people. Many of these Jail Taxers support laws that criminalize conduct and adds to so-called jail overcrowding.

says:
23 Sep 2007  at  04:02 pm | #

Fine Ricland, I’ll ask.

You know who I am.  You know my name.  Now tell me about your alleged time in the slammer.

Ric Ricland says:
23 Sep 2007  at  07:32 pm | #

Let me see if I understand you correctly, Nate. You’re against a new jail because it will cost taxpayers a total of $33 each year, right?

Now since 85% of the inmates in Hamilton County are black, why do you think a new jail that will improve the quality of their life is too costly at $33 per taxpayer?

And while you’re at it, Nate, since you’re so concerned about saving taxpayers money, how about explaining why you continue to file all those frivolous law suits you don’t show up in court for, like the one in Columbus last week.

Oh, and finally, since you’re also outraged by Leis’ unauthorized use of county paper clips and stationary as demonstrated in this quote from your post above:

Notice how the main proponents of the jail tax won’t condemn Simon Leis for breaking the law and misusing government property.

Why don’t you explain why you remained silent for all those years while your boss, admitted crack head, Ken Lawson, ripped-off fees from clients he never went to court to represent.

Looking forward to your response, Nate.

ricland

cincysue says:
23 Sep 2007  at  08:11 pm | #

Jeez these jails sound so nice it takes some of the steam out of the argument that people are being unfairly sentenced. Programs abound. The facilities are top notch comfy cozy. Seems you’d want more people sent there, not fewer. In fact, maybe we should begin to defund the existing facilities since it sounds like they’re way too lavish.

Caught just a minute or two of your guru’s show today. And in that very short time, he managed to use the term “white devil” and gave his ignorant opinion of how the white community thinks, how the white community acts and what the white community has in store for them when they feel his wrath. Are you the white community? Which of us is he targeting? Were you invited to the last white community meeting that set the agenda for how we’re all supposed to think. I missed that one but apparently he didn’t. Sounds a little weird for the president of a prestigious organization to be stereotyping people the way he does. Doesn’t that make you a little squeamish that the guy you follow so faithfully, that you support so unquestioningly, thinks, by virtue of your skin color, that you’re a devil? Or maybe you exempt yourself because, well you know. Would it be the Stockholm Syndrome, reverse Uncle Tomism that allows people to still follow someone that hates them? Must be some explanation for worshipping someone that thinks, and clearly states, you’re (the collective you) a piece of shit because you’re white.

CincyJeff says:
25 Sep 2007  at  12:46 am | #

The problem with this suit is you can’t sue over subjective opinions.  Leis has a right to say we need a new jail, just as others have the right to say we don’t.  Differences of opinion are not offenses under Ohio election law.  Combine that with the poorly written complaint and everyone on our side knew it was going to end in a dismissal. 

Nate needs to know when to consult others first.  If he had talked to Chris Finney or any other knowledgeable lawyer he’d have known his case as presented was not going to work.  I’m not even a lawyer and was shaking my head as I read it.  The only thing he accomplished was giving a needless PR victory to a group of people who have been violating the law on a frequent basis this past month.  The real cases against them are proceeding as we speak.

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