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3CDC and City Council’s idea of an “Emergency”
Thursday, June 21, 2007

Posted by The Dean of Cincinnati

Recently, I sent this letter to the Department of Building and Inspections about 3CDC’s LED screen at Fountain Square.  It appears that screen, which is really an outdoor advertising sign, violates portions of the Cincinnati Municipal Code.  Turns out there is not a violation—and in the legalities of the LED screen even more shocking questions are uncovered.

Here is a copy of the notwithstanding ordinance granted to 3CDC, voted on unanimously by the current City Council:

I am most concerned about Section 4 of this ordinance, which reads:

That this ordinance is an emergency measure necessary for the preservation of the public peace, health, safety and general welfare and shall, subject to the terms of Article II, Section 6 of the Charter, be effective immediately.  The reason for the emergency is the immediate need to make the necessary preparations to ensure the proper and safe installation of the LED screen.

Ever since Jeff Berding instituted his hurry-up offense, so-called “emergency ordinances” have been used to rush things through council before anyone has a chance to see what’s going on.  And this notwithstanding ordinance has all the accoutrements of just such a secretive rush-job.

Section 4 of this ordinance uses circular logic.  It claims that the emergency exists because the LED screen must be installed safely and properly.  However, this ordinance is not about the safety of the screen; it is about allowing it to be installed though the CMC disallowed that type of outdoor advertising sign in that location.  A big TV screen near Fountain Square has no bearing whatsoever on “public peace, health, safety, and general welfare.”

It seems to me this is a clear example of our politicians abusing the system to push favors for their corporate friends.


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