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00:00:01>> SUPPORT FOR THE STATEWIDE
BROADCAST OF "THE STATE OF OHIO"
00:00:03COMES FROM THE LAW OFFICES OF
PORTER, WRIGHT, MORRIS AND
00:00:06ARTHUR, LLP.
HELPING BUSINESS AND INDIVIDUALS
00:00:10SOLVE COMPLEX LEGAL PROBLEMS IN
OHIO, ACROSS THE COUNTRY AND
00:00:12AROUND THE WORLD.
ONLINE AT PORTERWRIGHT.COM.
00:00:17AND FROM THE OHIO EDUCATION
ASSOCIATION, REPRESENTING
00:00:21120,000 MEMBERS, WHO WORK TO
INSPIRER THEIR STUDENTS TO THINK
00:00:24CREATIVELY AND EXPERIENCE THE
JOY OF LEARNING.
00:00:27ON LINE AT OHEA.COM.
STATE REGULATORS APPROVE A MULTI
00:00:31BILLION DOLLAR RATE HIKE
PROPOSAL THAT TWO ELECTRIC
00:00:35UTILITIES SAID WERE NEEDED FOR
STABILITY, BUT CRITICS SAID WERE
00:00:37COAL PLANT BAILOUTS.
AND BIG STORIES DEVELOPING IN
00:00:41EDUCATION, DISABILITY RIGHTS AND
ON THE ISSUE OF WHO CAN SUE THE
00:00:44STATE OVER A LAW OR A
POLICY.
00:00:47THOUGHTS FROM KEY FIGURES IN
THOSE ISSUES ALL THIS WEEK IN
00:00:50THE STATE OF OHIO.
STATE REGULATORS HAVE APPROVED A
00:00:59PAIR OF DEALS THAT ALLOW
FIRSTENERGY AND AEP TO IMPOSE
00:01:03MULTI BILLION DOLLAR RATE
INCREASES ON ELECTRICITY
00:01:06CUSTOMERS TO SUBSIDIZE SOME
OLDER COAL-FIRED AND NUCLEAR
00:01:09POWER PLANTS.
THE PUBLIC UTILITIES COMMISSION
00:01:12OF OHIO UNANIMOUSLY PASSED THE
POWER PURCHASE AGREEMENTS, WHICH
00:01:16THE COMPANIES SAY HAVE CLEAR
BENEFITS TO THE COMPANIES AND TO
00:01:20CONSUMERS A FIRSTENERGY
EXECUTIVE AND A LEADING OPPONENT
00:01:23TALKED ABOUT THE DEALS ON THIS
SHOW IN JANUARY.
00:01:27AT THE PUCO, CHAIRMAN ANDRE
PORTER SAID THE DEALS WERE
00:01:29MODIFIED TO STABILIZE CUSTOMER
BILLS AND ENSURE THE END RESULT
00:01:32IS IN THE BEST INTERESTS OF
CUSTOMERS.
00:01:35BUT OPPONENTS ARE LIKELY TO
CHALLENGE THE DECISIONS.
00:01:38THE OHIO CONSUMERS COUNSEL HAS
ESTIMATES THE RATE HIKES WILL
00:01:42ADD UP TO $5.9 BILLION OVER 8
YEARS, WITH AEP CUSTOMERS PAYING
00:01:46AN ADDITIONAL $700 AND EACH
FIRSTENERGY CUSTOMER $800
00:01:49MORE.
BUT THE COMPANIES HAVE SAID
00:01:57THEIR PLANS CALL FOR SOME MONEY
TO REBATED TO CUSTOMERS
00:01:59LATER.
THOUGH GOV.
00:02:02JOHN KASICH HAS BEEN CAMPAIGNING
IN WISCONSIN AHEAD OF THAT
00:02:04STATES PRIMARY NEXT WEEK, HIS
ADMINISTRATION MADE A BIG
00:02:07ANNOUNCEMENT THIS WEEK,
PROPOSING AN OVERHAUL OF HOW
00:02:10LOCAL OFFICIALS DEAL WITH LEAD
IN DRINKING WATER.
00:02:14THE PLAN WOULD GIVE CITY WATER
SYSTEMS JUST TWO DAYS TO ALERT
00:02:17RESIDENTS, INSTEAD OF UP TO TWO
MONTHS PERMITTED UNDER FEDERAL
00:02:20RULES.
THE PLAN INCLUDES WAYS TO HELP
00:02:23CITIES AND SCHOOLS ASSESS AND
REMOVE LEAD PIPES AND
00:02:26FIXTURES.
A GROUP THATS ANNOUNCED IT
00:02:29WANTS TO GO TO THE BALLOT WITH A
PACKAGE OF ETHICS REFORMS FOR
00:02:33LAWMAKERS INCLUDING A PAY CUT
IS NOW GOING TO COURT.
00:02:36ETHICS FIRST YOU DECIDE OHIO
WANTS A SINGLE BALLOT ISSUE
00:02:39COMPRISING SIX PROPOSALS ON PAY
AND RULES FOR STATE
00:02:41LAWMAKERS.
THE BALLOT BOARD SPLIT THAT
00:02:45PACKAGE INTO 3 PROPOSALS.
THE GROUP NOW WANTS THE OHIO
00:02:48SUPREME COURT TO OVERRULE THAT
DECISION.
00:02:50SPOKESMAN JACK BOYLE SAYS IF THE
PACKAGE IS ONLY ONE PROPOSAL,
00:02:54THE GROUP WILL HAVE TO GATHER
MORE THAN 300,000 VALID
00:02:57SIGNATURES BY THE END OF JUNE TO
QUALIFY FOR THE FALL BALLOT.
00:03:00BUT SPLITTING IT INTO 3 PARTS
WOULD REQUIRE THREE TIMES AS
00:03:03MANY SIGNATURES.
AMONG THE GROUPS PROPOSALS ARE
00:03:06A 20% PAY CUT FOR STATE
LAWMAKERS, A REQUIREMENT THAT
00:03:10THEY PAY COLUMBUS CITY INCOME
TAX AND A BAN ON FORMER
00:03:14LAWMAKERS WORKING AS LOBBYISTS
FOR TWO YEARS AFTER THEY LEAVE
00:03:17OFFICE.
THE HOUSE TASK FORCE ON MEDICAL
00:03:21MARIJUANA HAS FINISHED ITS
PUBLIC HEARINGS, WITH A MARATHON
00:03:24SESSION THAT LASTED HOURS AND
INCLUDED DOZENS OF
00:03:26WITNESSES.
CHAIRMAN KIRK SCHURING, A
00:03:31REPUBLICAN OF CANTON, SAYS HELL
MEET NEXT WEEK WITH SPEAKER
00:03:34CLIFF ROSENBERGER TO DETERMINE
THE NEXT STEP, WHICH COULD BE
00:03:36MEDICAL MARIJUANA
LEGISLATION.
00:03:38MEANWHILE, A GROUP THAT WANTS TO
PUT A MEDICAL MARIJUANA PLAN ON
00:03:41THE BALLOT IS A STEP CLOSER TO
THAT.
00:03:44THE GROUP OHIOANS FOR MEDICAL
MARIJUANA HAS BEEN GIVEN THE GO
00:03:46AHEAD BY THE STATE BALLOT BOARD
TO BEGIN COLLECTING SIGNATURES
00:03:49FROM OHIO VOTERS.
THE AMENDMENT WOULD ALLOW
00:03:52PATIENTS TO GROW THEIR OWN
MEDICAL POT OR BUY IT FROM
00:03:54RETAIL OUTLETS.
THE BALLOT BOARD APPROVED THE
00:03:57AMENDMENT UNANIMOUSLY AFTER
ASKING QUESTIONS ABOUT
00:04:00PRESCRIBING PRACTICES AND
WHETHER PARTS OF THE PROPOSAL
00:04:02CONSTITUTED A MONOPOLY, WHICH IS
NOW BANNED AFTER AN AMENDMENT
00:04:03THAT VOTERS APPROVED LAST
FALL.
00:04:09THIS MEDICAL MARIJUANA PLAN IS
BACKED BY THE MARIJUANA POLICY
00:04:12PROJECT, A GROUP THAT HAS PASSED
SIMILAR BALLOT MEASURES IN 23
00:04:16OTHER STATES.
THERES BEEN AN OPENING AT THE
00:04:18OHIO DEPARTMENT OF EDUCATION
SINCE THE END OF LAST YEAR A
00:04:21BIG ONE.
BUT SO FAR, IT APPEARS NO ONE
00:04:24HAS APPLIED FOR IT, TO BECOME
THE NEW STATE SCHOOL
00:04:26SUPERINTENDENT.
THAT POSITION HAS BEEN OPEN
00:04:29SINCE RICHARD ROSS RETIRED AT
THE END OF LAST YEAR.
00:04:32BUT THE PRESIDENT OF THE STATE
BOARD OF EDUCATION SAYS HES NOT
00:04:34CONCERNED.
BOARD PRESIDENT TOM GUNLOCK SAID
00:04:37ITS TAKEN A WHILE TO DEVELOP,
POST AND ADVERTISE THE POSITION,
00:04:40AND THE DEADLINE IS NEXT
WEEK.
00:04:43BUT GUNLOCK SAYS HES NOT
WORRIED THAT NO APPLICATIONS
00:04:45HAVE BEEN RECEIVED.
NO, NOT AT ALL.
00:04:49WELL SEE HOW MANY APPLICATIONS
WE GET ON APRIL 8, AND WELL
00:04:55COME UP WITH A PROCESS DEPENDING
ON HOW MANY WE RECEIVE AS TO HOW
00:05:00WE GO FROM THERE.
>>LONNY RIVERA, WHOS SERVING AS
00:05:06INTERIM SUPERINTENDENT, HAS TOLD
THE BOARD HE DOESNT WANT THE
00:05:08JOB BECAUSE HES CONCERNED ABOUT
HIS FAMILY LIFE AND WHAT HE
00:05:10CALLED THE POLITICAL SNIPING ON
THE BOARD.
00:05:14THE SUCCESSFUL CANDIDATE WILL BE
THE KASICH ADMINISTRATIONS
00:05:16FOURTH SUPERINTENDENT IN FIVE
YEARS.
00:05:18OF COURSE, THERE ARE THOSE WHO
THINK THE LACK OF APPLICANTS IS
00:05:20SENDING A STRONG MESSAGE.
AMONG THEM IS KEARY MCCARTHY,
00:05:24THE PRESIDENT AND CEO OF
INNOVATION OHIO, A PROGRESSIVE
00:05:27LEANING THINK TANK THAT
RESEARCHES STATE POLICY ON
00:05:30EDUCATION.
I TALKED WITH HIM ABOUT IT THIS
00:05:32WEEK.
ARE YOU READING THAT NO
00:05:39APPLICANTS?
>> I THINK SO.
00:05:40I THINK THAT IS A LOGICAL
CONCLUSION, YOU HAVE TO REMEMBER
00:05:45THAT THE DEPARTMENT IS MEYERED
IN CONTROVERSY BETWEEN POLITICAL
00:05:50APPOINTEE DECISIONS THAT FAVOR
THE AND SO THE INDUSTRY OR THE
00:05:58DEPARTMENT HAS BEEN UNDER
SERIOUS CHALLENGES LATELY AND I
00:06:02THINK THAT IS PART OF THE REASON
WE HAVEN'T SEEN ANY APPLICANTS
00:06:06UP TO THIS POINT.
>> HE WAS TOLD HE DOESN'T WANT
00:06:12THE JOB AND POLITICAL SNIPING ON
THE BOARD.
00:06:15THERE MIGHT BE SOME PEOPLE WHO
WOULD SAY THAT IS GOVERNOR
00:06:19KASICH BUT THIS GOES BACK A
WAYS.
00:06:21GOVERNORS HAVE BEEN INVOLVED IN
WHAT HAPPENS.
00:06:25THERE WAS TALK ABOUT MAKING THE
STATE SCHOOL BOARD AN ALL
00:06:28APPOINTED PANEL.
>> THIS IS ONE OF THE MOST
00:06:33IMPORTANT THINGS THAT STATE
GOVERNMENT DOES.
00:06:36THERE WILL BE DISAGREEMENTS.
BUT I THINK THE REAL CHALLENGE
00:06:41HAS BEEN THE CHARTER INDUSTRY
HAS HAD A STRANGLEHOLD ON THE
00:06:45DEPARTMENT OVER THE LAST SEVERAL
YEARS AND CREATED SOME OF THESE
00:06:49CONTROVERSIES WHICH CREATE THOSE
COVERS THAT HE TALKS ABOUT.
00:06:54THE MOST IMPORTANT THING NOW IS
WE GET SOMEONE WHO IS
00:06:58INDEPENDENT, INDEPENDENT MINDED
AND NOT TOO CLOSELY RELATED WITH
00:07:01THE CHARTER INDUSTRY, SOMEONE
WHO CAN MAKE GOOD SOUND
00:07:05JUDGMENTS FOR THE BETTERMENT OF
OUR PUBLIC EDUCATION SYSTEM IN
00:07:09OHIO AND STUDENTS WHO ARE PART
OF OUR SYSTEM.
00:07:12>> IS IT POSSIBLE TO TAKE THE
POLITICS OUT OF THIS?
00:07:15>> I DON'T THINK IT IS POSSIBLE
BUT YOU HAVE TO HAVE SOMEONE
00:07:19NAVIGATE THE DIFFERENT
CHALLENGES AND HAVE SOMEBODY WHO
00:07:22IS GOING TO BE INDEPENDENT NOT
JUST OF THE INDUSTRY THAT IS SO
00:07:27INVOLVED AT THE DEPARTMENT OF
EDUCATION BUT INDEPENDENT FROM
00:07:30THE GOVERNOR'S OFFICE,
INDEPENDENT FROM THE STATE
00:07:33LEGISLATURE AND SOMEONE WHO HAS
AN ABILITY TO MAKE THOSE
00:07:35INDEPENDENT JUDGMENTS.
>> I DON'T SEE HOW THAT IS
00:07:39POSSIBLE BECAUSE THIS IS
GOVERNOR KASICH'S APPOINTEE.
00:07:44>> THEY ARE SUPPOSED TO BE THE
APPOINTEE OF THE BOARD.
00:07:48GOVERNOR KASICH APPOINTEES HAVE
THE MAJORITY.
00:07:51IF WE CARE ABOUT OUR PUBLIC
EDUCATION SYSTEM IN OHIO AND WE
00:07:56HAVE TO HAVE SOMEBODY IN THERE
WHO IS TOP FLIGHT CALIBER AND
00:08:01EXERCISE THAT INDEPENDENT
JUDGMENT AND DO THE JOB.
00:08:10WHERE AREGUNLOCK SAYS WITH THE
APPLICATION DEADLINE ON APRIL 8,
00:08:12HES HOPING TO BE ABLE TO MAKE
AN OFFER TO THE NEXT OHIO STATE
00:08:13SCHOOLS SUPERINTENDENT SOMETIME
IN JUNE.
00:08:14A DISABILITY RIGHTS GROUP HAS
FILED SUIT AGAINST THE STATE,
00:08:16CLAIMING OHIO FORCES PEOPLE WITH
INTELLECTUAL AND DEVELOPMENTAL
00:08:18DISABILITIES TO RECEIVE SERVICES
IN INSTITUTIONAL SETTINGS DUE TO
00:08:22A LACK OF COMMUNITY OPTIONS.
DISABILITY RIGHTS OHIOS LAWSUIT
00:08:26WAS FILED IN FEDERAL COURT IN
COLUMBUS ON BEHALF OF SIX PEOPLE
00:08:29WHO THE GROUP SAYS ARE, OR ARE
AT RISK OF BEING, NEEDLESSLY
00:08:33INSTITUTIONALIZED BECAUSE OF
BARRIERS TO COMMUNITY-BASED
00:08:36SERVICES.
THE SUIT SEEKS CLASS-ACTION
00:08:40STATUS FOR ABOUT 27,800 DISABLED
PEOPLE IN SIMILAR
00:08:43SITUATIONS.
THE COMPLAINT ALLEGES THOSE
00:08:46DISABLED OHIOANS ARE
UNNECESSARILY SEGREGATED IN
00:08:49VIOLATION OF FEDERAL LAW BECAUSE
OF HOW OHIO FUNDS AND
00:08:52ADMINISTERS ITS SERVICE
SYSTEM.
00:08:56KERSTIN SJOBERG-WITT IS THE
DIRECTOR OF ADVOCACY AND
00:08:58ASSISTANT EXECUTIVE DIRECTOR OF
DISABILITY RIGHTS OHIO, AND
00:09:00SHES HERE TO TALK ABOUT THE
LAWSUIT.
00:09:04WHAT IS THE GOAL OF THE LAULT?
ARE YOU TRYING TO GET MORE MONEY
00:09:09OR TRYING MORE FREEDOM FOR THE
DIBBLED PEOPLE THAT YOU
00:09:15REPRESENT AND DO WHAT THEY WANT
TO DO?
00:09:18WHAT'S THE GOAL?
>> THE GOAL IS TO EXPAND OPTIONS
00:09:21FOR INDIVIDUALS WITH
DEVELOPMENTAL DISABILITIES, OUR
00:09:24CLIENTS THAT HAVE COME TO US
THAT SAID, WE WANT A CHOICE
00:09:28ABOUT WHERE WE LIVE AND HOW WE
SPEND OUR DAYS.
00:09:32RIGHT NOW DON'T HAVE A CHOICE.
THEY ARE FORCED TO EITHER GO TO
00:09:37AN INSTITUTION IN ORDER TO GET
THE SERVICES AND SUPPORT THEY
00:09:40NEED TO BE SAFE AND HEALTHY AND
LIVE THEIR LIVES RIGHT NOW AND
00:09:44THAT FORCES THEM TO BE SEPARATED
FROM SOCIETY, TO NOT HAVE
00:09:48CHOICES ABOUT BASIC THINGS THAT
MANY OF THE REST OF US TAKE FOR
00:09:52GRANTED, LIKE WHO THEY ARE GOING
TO LIVE WITH.
00:09:57>> YOU TALK ABOUT PEOPLE WHO ARE
IN INSTITUTIONAL SETTINGS, THE
00:10:03MOTHER SPY FOR HER SEASON WHO
WAS IN THIS WORK SHOP WITH THE
00:10:07300 OR SO OTHER PEOPLE.
THERE IS A CONCERN ABOUT WHETHER
00:10:11THAT'S THE RIGHT ENVIRONMENT FOR
HIM AND SHE WAS EVEN SAYING SHE
00:10:15AND HER HUSBAND DON'T WANT TO
RETIRE BECAUSE THEY ARE TRYING
00:10:18TO KEEP FUNDING THE WAY THEY
FEEL THEIR SON SHOULD BE ALLOWED
00:10:22TO THRIVE.
THAT THAT'S KIND OF AN EXAMPLE.
00:10:26>> YOU TALK ABOUT NATHAN AND HE
IS LIVING AT HOME RIGHT NOW AND
00:10:30THE FAMILY IS STILL WORKING,
TRYING TO PAY PRIVATELY TO GET
00:10:35SOME SUPPORT FOR HIM, TAKING
CARE OF HIM THEMSELVES AND
00:10:39SPENDS IN PART OF A WORK SHOP
AND REST OF HIS TIME AT HOME
00:10:43WITH SUPPORT THEY ARE PROVIDING
THEMSELVES OR WITH THEIR OWN
00:10:47MONIES BY CONTINUING TO AGE AT
THE AGE OF 63 AND 67.
00:10:51>> AND THESE PEOPLE, YOU ONLY
REPRESENT SIX IN THE LAWSUIT,
00:10:56BUT THERE THOUSANDS OF DIFFERENT
PEOPLE WHO HAVE DIFFERENT
00:11:01CONDITIONS ARRANGING FROM THEIR
VERBAL AND CAN EXPRESS TO WHAT
00:11:04THEY WANT TO PEOPLE WHO ARE
TAKING CARE OF BY PARENTS AND
00:11:08OTHER CAREGIVERS.
>> THERE IS A BROAD RANGE.
00:11:13SIX INDIVIDUALS ALSO HAVE A
BROAD RANGE OF NEEDS AND THEIR
00:11:18FAMILY MEMBERS AS WELL.
AND WE SPOKE TO MANY OTHER
00:11:21INDIVIDUALS, THESE SIX ARE JUST
REPRESENTATIVE OF THE MANY
00:11:24INDIVIDUALS THAT WE HAVE HELPED
OVER THE YEARS OR TRIED TO HELP
00:11:27OVER THE YEARS AND WEREN'T ABLE
TO BECAUSE OF THE BARRIERS IN
00:11:31THE SYSTEM THAT ARE DENYING THEM
CHOICES IN COMMUNITY OPTIONS.
00:11:36THERE WAS SOMEBODY WHO WAS AT
THE ANNOUNCEMENT PASSING OUT A
00:11:40FLYER THAT WAS SAYING YOU AREN'T
SPEAKING FOR ALL OF THE PEOPLE
00:11:43IN THE SYSTEM.
YOU TALKED TO SIX PEOPLE AND
00:11:45SPEAKING FOR THEM BUT NOT
SPEAKING FOR 5,800 WHO RESIDE IN
00:11:50CARE FACILITIES OR 31,000 WHO
ATTEND SHELTER WORK SHOPS,
00:11:56FAMILIES AND CAREGIVERS.
AND THIS IS QUOTING HER, YOU
00:12:00MUST NOT BE ALLOWED TO STIGMA
ADVERTISE INDIVIDUALS NOR
00:12:06DISCRIMINATE AGAINST THE PEOPLE
THEY ARE APPOINTED TO SERVE.
00:12:10EXPLAIN WHAT IS GOING WITH THIS
AND YOU SPEAK FOR SIX PEOPLE IN
00:12:15THIS LAWSUIT.
>> WE WOULD NEVER TRY TO SPEAK
00:12:20FOR EVERY SINGLE PERSON.
WE HAVE SPOKEN TO MANY MORE
00:12:25PEOPLE.
MANY OF OUR CLIENTS AND IT IS A
00:12:28CIVIL RIGHT TO HAVE THIS OPTION
TO RECEIVE THE SUPPORTS AND
00:12:34SERVICES THAT THE STATE PROVIDES
TO PEOPLE WITH DEVELOPMENTAL
00:12:37DISABILITIES AND RECEIVE THAT IN
AN INTEGRATED SETTING.
00:12:41UNDER THE AMERICANS WITH
DISABILITIES ACT, IT'S A FORM OF
00:12:46DISCRIMATION TO BE UNNECESSARILY
INSTITUTIONALIZED AND SEPARATED
00:12:50FROM SOCIETY AND THE STATE OF
OHIO HAS FOUND IT SENDS THE
00:12:56MESSAGE.
WE ARE TRYING TO PROVIDE OPTIONS
00:12:59SO PEOPLE CAN MAKE THEIR OWN
INFORMED CHOICE WHERE THEY WANT
00:13:03TO RECEIVE THE SERVICES AND
SUPPORT.
00:13:06NO ONE IS GOING TO BE FORCED TO
MOVE OUT OF ONE OF THESE
00:13:11INSTITUTIONS IF THAT'S WHERE
THEY CHOOSE TO BE AFTER THEY ARE
00:13:14GIVEN A REAL CHOICE.
RIGHT NOW THAT CHOICE ISN'T
00:13:17THERE.
IT'S A FALSE CHOICE AND HAVEN'T
00:13:20BEEN PROVIDED OPTIONS TO GET THE
SERVICES THEY NEED.
00:13:26THEY ARE NOT ADEQUATE.
>> THE GOAL IS NOT TO SHUT
00:13:29THINGS DOWN BUT TO OFFER MORE
OPPORTUNITIES?
00:13:33>> CORRECT.
THIS SHOULD NOT BE -- THIS IS
00:13:35NOT ABOUT SHUTTING THINGS DOWN
BUT EXPANDING OPPORTUNITIES AND
00:13:39NOT USED AS AN EXCUSE FOR
SOMEONE ELSE'S AGENDA WHETHER
00:13:49IT'S -- I'M SHUTTING DOWN MY
PROGRAM BECAUSE AND WE DON'T TO
00:13:54USE THAT AS AN EXCUSE.
SHOULD NOT BE USED TO CUT
00:13:57SERVICES, WE WANT TO EXPAND
OPTIONS AND PROVIDE PEOPLE A
00:14:01REAL CHOICE.
>> YOU HAVE BEEN TALKING TO THE
00:14:03STATE ABOUT THIS FOR SEVERAL
MONTHS AND THE STATE HAS SAID
00:14:07IMPROVEMENTS ARE IN THE WORKS
AND INCLUDED $300 MILLION TO
00:14:12EXPAND PROGRAMS.
WHY NOT JUST TRY TO WORK IT OUT
00:14:17WITH THE STATE INSTEAD OF GOING
TO COURT?
00:14:19>> IN JULY, 2014 WE SENT A
LETTER TO THE TATE POINTING OUT
00:14:26THE THINGS THAT NEEDED TO BE
FIXED.
00:14:28OVER A LONG PERIOD, 10 YEARS
WOULD BE NECESSARY, BECAUSE WE
00:14:31ARE TALKING ABOUT MORE THAN A
SMALL FIX BUT A BIG SYSTEM
00:14:35CHANGE HERE TO HELP THOUSANDS OF
PEOPLE.
00:14:38>> WHO NEED HELP OVER THEIR
ENTIRE LIFETIME.
00:14:42>> THIS PROBLEM HAS BEEN GOING
ON FOR DECADES.
00:14:46THE STATE DID IN RECOGNITION OF
THE PROBLEMS THAT IT RECOGNIZED
00:14:50THAT ARE THERE, IT DID MAKE SOME
CHANGES IN THE BUDGET.
00:14:53IT HAS RECOGNIZED PUBLICLY IT
WAS IN RESPONSE TO THE CONCERNS
00:14:57WE RAISED BUT WASN'T WILLING TO
DO THE LONG-TERM PLAN THAT IS
00:15:02NECESSARY TO GET AT THE BARRIER
AND THAT'S WHY WE ARE HERE.
00:15:05THOSE LONG-TERM CHANGES HAVE TO
BE MADE TO HELP THE THOUSANDS OF
00:15:09PEOPLE HAVE REAL OPTIONS AND
WASN'T ENOUGH TO SAY LET'S MAKE
00:15:14THIS SMALL SHORT-TERM
INVESTMENT.
00:15:17WE ARE APPRECIATIVE OF THE FACT
THERE WAS A PROBLEM TO MAKE SOME
00:15:21INVESTMENT BUT WASN'T ENOUGH.
>> THERE WAS A COMMENT, QUOTE,
00:15:28WE DO NOT WALK LIGHTLY INTO
LAWSUITS BUT WHEN WE DO, WE WIN
00:15:34EVERY ONE.
WHAT HAPPENS IF YOU DON'T WIN?
00:15:36>> THAT'S GOING TO BE A LONG
WAYS OFF BEFORE WE GET TO THAT
00:15:40POINT.
WE HAVE PUT TOGETHER AN AMAZING
00:15:43TEAM.
WE HAVE PLAINTIFFS LIKE THE
00:15:46ABILITY CENTER AT THE TABLE AS
WELL.
00:15:48WE CAN'T CONTROL THE OUTCOME BUT
WE HAVE PUT TOGETHER THE BEST
00:15:52POSSIBLE CASE THAT WE CAN.
AND THIS IS GOING TO BE A LONG
00:15:56PROCESS.
>> THIS WILL NOT BE RESOLVED
00:15:59QUICKLY.
>> ANY CLASS ACTION IS.
00:16:02IF THE STATE DOES WANT TO SIT
DOWN AND TALK, WE ARE GOING TO
00:16:06DO THAT AS WELL.
SPEAKING OF LEGAL MATTERS, LAST
00:16:12WEEK THE OHIO SUPREME COURT ONCE
AGAIN RULED IN A CASE ON WHO HAS
00:16:13THE LEGAL AUTHORITY TO SUE THE
STATE OVER A PARTICULAR LAW OR
00:16:15POLICY.
THE COURT RULED THAT ONE PRIVATE
00:16:19CITIZEN WHO SAID THE STATE WAS
UNCONSTITUTIONALLY KEEPING HIM
00:16:24FROM RUNNING HIS OWN CASINO HAD
STANDING TO SUE THE STATE OVER
00:16:26ITS DECISION TO ALLOW SEVEN
HORSERACING TRACKS TO BECOME
00:16:31RACINOS WITH THE INSTALLATION OF
ELECTRONIC SLOT MACHINES.
00:16:34BUT THE COURT RULED AGAINST A
CONSERVATIVE GROUP, SAYING IT
00:16:38DID NOT HAVE STANDING.
JUSTICE JUDI FRENCH AND SHARON
00:16:41KENNEDY UPHELD THE CLAIM OF
FREDERICK KINSEY OF COLUMBIANA
00:16:45COUNTY, WHO SAID HE WANTED TO
OPERATE A CASINO, BUT PROVISIONS
00:16:48IN STATE LAW AND THE OHIO
CONSTITUTION UNFAIRLY ALLOW ONLY
00:16:52A FEW COMPANIES TO DO THAT.
BUT THE JUSTICES DENIED THE
00:16:56CLAIMS OF THE 12 OTHER
INDIVIDUALS ALONG WITH THE OHIO
00:16:59ROUNDTABLE, AN ANTI-GAMBLING
GROUP WHICH HAD WANTED STANDING
00:17:02TO SUE OVER THE DECISION TO
EXPAND GAMBLING WITHOUT VOTER
00:17:04APPROVAL.
THE MAJORITY OPINION CITED
00:17:07CRITERIA FOR STANDING THAT
RELATE BACK TO THE 2014 LAWSUIT
00:17:10THAT THE OHIO ROUNDTABLE JOINED
IN AGAINST JOBSOHIO BASICALLY,
00:17:14THAT STANDING ISNT GRANTED
SOLELY BECAUSE ONE IS A
00:17:16TAXPAYER, BUT THAT AN INDIVIDUAL
HAS TO SHOW THE LAW CAUSED
00:17:19PERSONAL INJURY THAT CAN BE
REPAIRED BY BLOCKING THE
00:17:22LAW.
THE DOZEN INDIVIDUALS WHO SUED
00:17:27OVER THE RACINOS WERE BUSINESS
OWNERS, TEACHERS AND PARENTS,
00:17:29AND ROB WALGATE OF THE OHIO
ROUNDTABLE IS A RECOVERING
00:17:32GAMBLER.
HE HAS BEEN ASKING THE QUESTION
00:17:34ABOUT STANDING TO SUE OVER AND
OVER AGAIN AND HES HERE TO
00:17:37TALK ABOUT THIS DECISION.
>> THANKS.
00:17:43>> WHAT IS -- HOW DID WE GET
BACK TO THIS POINT AND WHY DO
00:17:49YOU KEEP ASK WHO HAS STANDING.
>> IN 2009 WHEN THERE WERE FOUR
00:17:57APPROVED CASINOS WE THOUGHT IT
WAS DONE AND OVER WITH.
00:18:01WHEN GOVERNOR KASICH GOT ELECTED
IN 2010, THEY CHANGED THE LAW,
00:18:06THEY CHANGED FROM THE 2009
AMENDMENT REGARDING COMMERCIAL
00:18:10ACTIVITIES TAX AND EXPANDED THE
LOTTERY BY PLACING SLOT MACHINES
00:18:14AND THEY PICKED THE WINNERS AND
LOSERS AND WHERE THE SLOT
00:18:18MACHINES WOULD GO AND I KNOW AT
THAT TIME THERE WERE A LOT OF
00:18:21RESTAURANT OWNERS AND BAR OWNERS
THAT WERE UPSET.
00:18:25WE LOOKED AT CONSTITUTIONAL
AMENDMENTS AND THE GOVERNOR
00:18:32VIOLATED A NUMBER OF THEM.
>> WHAT WAS YOUR CLAIM HERE?
00:18:37YOU CLAIM THAT YOU SHOULD HAVE
STANDING TO SUE.
00:18:40>> AS AN INDIVIDUAL, THERE WERE
17 CLAIMS.
00:18:44ME AS AN INDIVIDUAL WE TALKED
ABOUT THE ABILITY OF THE
00:18:48UNCONSTITUTIONALITY OF IT AND
THE FACT OF BEING A RECOVERING
00:18:53GAMBLER PLAYED INTO THAT AND WE
DISCUSSED THAT IN ONE OF THE
00:18:56CLAIMS.
BUT IT BOILED DOWN TO BEING A
00:18:59TAXPAYER OR CITIZEN.
THERE WERE 17 OTHER PEOPLE
00:19:03INVOLVED.
>> THIS CASE IS NOT ABOUT
00:19:05GAMBLING BUT APPEARS IT IS.
>> IT'S ABOUT THE VIOLATION OF
00:19:11THE OHIO CONSTITUTION AND RULE
OF LAW.
00:19:13PEOPLE GET CAUGHT UP IN THE
GAMBLING ASPECT OF IT.
00:19:18IF THE GOVERNOR CAN GO AROUND
THE CONSTITUTION AND NO ONE
00:19:23HOLETS THEM ACCOUNTABLE, WHY DO
WE NEED A CONSTITUTION.
00:19:27>> LET'S START WITH THE ONE
INDIVIDUAL WHO DID WIN.
00:19:32I HOPE TO HAVE A CHANCE TO TALK
TO HIM, BUT HE HAS CLAIMED THAT
00:19:37THE CONSTITUTION UNFAIRLY GIVES
ONLY A FEW COMPANIES THE
00:19:41OPPORTUNITY TO RUN A CASINO, TA
WAS VOTER APPROVED.
00:19:45>> HIS CLAIM IS EQUAL PROTECTION
UNDER THE LAW AND IT WAS VOTER
00:19:49APPROVED BUT THERE ARE MANY
THINGS IN THE CONSTITUTION THAT
00:19:52COULD BE VOTER APPROVED THAT
WOULD BE ULTIMATELY DEEMED
00:19:56UNCONSTITUTIONAL.
THAT HAPPENS ALL THE TIME.
00:19:58HIS CLAIM WAS EQUAL PROTECTION
UNDER THE LAW, NO WAY TO CREATE
00:20:03THIS MONOPOLY.
THIS HAS BEEN A BUZZ WORD.
00:20:06THAT WAS HIS CLAIM.
>> BUT DOES HE REALLY WANT TO
00:20:10RUN A CASINO?
>> I THINK HE WOULD.
00:20:12BUT THE QUESTION IS, DOES HE
HAVE THE ABILITY TO RUN A FULL
00:20:19FLEDGED CASINO OR A CARD ROOM.
THE QUESTION IS ONCE AGAIN ABOUT
00:20:22THE LAW, WHAT IS THE LAW.
AND IS THE LAW BEING UPHELD THE
00:20:26WAY IT SHOULD BE.
>> THE COURT HAS SAID IN SEVERAL
00:20:31OPINIONS REGARDING ALL THIS THAT
YOU JUST CAN'T GRANT STANDING TO
00:20:34SUE TO ANYBODY.
JUST BECAUSE YOU ARE A TAXPAYER,
00:20:38DOESN'T GIVE YOU THE ABILITY,
ANYONE COULD, ANYONE WOULD.
00:20:43THE WHOLE LEGISLATIVE PROCESS
WOULD GRIND TO A HALT.
00:20:46>> IF WE AREN'T GOING TO HAVE
THE ABILITY TO HAVE STANDINGS,
00:20:52MAYBE WE SHOULD HAVE
DICTATORSHIPS.
00:20:54LOOK AT WHAT HAS BEEN DONE,
TURNING THEIR NOSE AT THE
00:20:58TAXPAYERS AND SAYING THE FACTS
OF THE CASE NEED NOT BE HEARD
00:21:02BECAUSE THE ELITIST CLASS HAS
SPOKEN.
00:21:04THAT'S WHAT HAS HAPPENED HERE.
WE HAVE THE WINNING CASE IF WE.
00:21:17THE CONSTITUTION SAYS, THE
CONSTITUTION SAYS THE ENTIRE NET
00:21:22PROCEEDS.
THOSE WORDS ARE IN THERE.
00:21:26ENTIRE NET PROCEEDS AND SOLELY.
HOWEVER, IN 2014, $2 MILLION OF
00:21:32SLOT MACHINE MONEY THAT IS UNDER
THE LOTTERY WAS MOVED TO THE
00:21:36HORSEMEN'S FUND.
THE CONSTITUTION SAYS SOLELY FOR
00:21:41EDUCATION.
WE TRIED TO BRING THAT TO
00:21:43PEOPLE'S ATTENTION BUT GUESS
WHAT?
00:21:46WE CAN'T GET STANDING.
WE HAVE A WINNING CASE, NO DOUBT
00:21:49ABOUT THAT.
IF THE FACTS WERE TO BE
00:21:51PRESENTED WE WOULD WIN.
THE STATE'S ARGUMENT I WILL
00:21:55NEVER FORGET AND YOU HEAR
TALKING ABOUT HARM.
00:21:59HARM DONE.
THEIR ARGUMENT WAS EVERY CITIZEN
00:22:02HAS BEEN HARMED THE SAME.
THEY CAN'T SHOW THEY HAVE BEEN
00:22:05HARMED GREATER THAN ANYBODY
ELSE.
00:22:07AND YOU THINK ABOUT THAT.
THEIR CLAIM IS THEY ARE HARMING
00:22:12EVERYONE EQUALLY.
SO WHAT DOES THE CONSTITUTION
00:22:18WORTH.
TURN THEIR NOSES TO IT.
00:22:21>> THE OPINION IS INTERESTING TO
READ.
00:22:26AGREED IN PART, BUT DISAGREED
SAYING THEY WOULD AGREE ON A
00:22:29STANDING TO YOU AND EVERYBODY IN
THIS CASE, ON THE OTHER SIDE YOU
00:22:33HAD TWO JUSTICES SAYING NONE OF
YOU HAD STANDING TO SUE.
00:22:39DOES THAT GIVE YOU HOPE THAT TWO
JUSTICES SAID YOU HAVE STANDING?
00:22:43>> WHEN YOU READ THE DECISION,
NOT ONLY IN OUR CASE BUT ALSO IN
00:22:48THE JOBS OHIO CASE, HE GETS IT
AND UNDERSTANDS AND I THINK HE
00:22:53SEES A DANGEROUS PRECEDENT BEING
SET BECAUSE HE TALKS ABOUT THE
00:22:57COURTHOUSES IN THE CENTER OF
TOWN WITH THE DOORS BEING
00:23:01SLAMENT SHUT TO THE TAXPAYERS,
TO THE PEOPLE WHO ARE
00:23:03RESPONSIBLE FOR THE LAW.
HE MENTION 2009, THREE MILLION
00:23:10PEOPLE CAST VOTES FOR OR AGAINST
THAT CONSTITUTIONAL AMENDMENT.
00:23:14THEY WEIGHED IN IT AND NOW THEY
CAN'T HAVE A VOICE BE HEARD
00:23:18WHETHER THAT AMENDMENT IS BEING
FOLLOWED.
00:23:20THAT CAUSES CONCERN.
AGAIN, IT'S NOT JUST ABOUT THIS
00:23:23CASE AS IT PERTAINS TO GAMBLING,
THIS IS THE RULE OF LAW AND
00:23:27WHERE WE GO FORWARD.
AND THE INTERESTING PART FOR ME
00:23:31TOO, THE GENERAL ASSEMBLY, THE
GOVERNOR WHICH HAS AN R NEXT TO
00:23:37HIS NAME, IF DEMOCRATS WERE
DOING THIS, THEY WOULDN'T BE
00:23:40STANDING UP FOR IT.
IT SHOWS THE PARTY POLICIES AND
00:23:44THE PLAYERS WHEN THEY GET
INVOLVED.
00:23:49>> INTERESTING, YOU PARTNERED
WITH PROGRESS OHIO THAT AND HAS
00:23:53TO BE ONE OF THE FEW THINGS THAT
YOU TWO GROUPS AGREE ON.
00:23:57>> THAT'S WHEN BRIAN WAS STILL
THERE AND WE SAT TOGETHER FOR
00:24:01ARGUMENTS THAT DAY AT THE
SUPREME COURT.
00:24:03AND HE AND I DON'T AGREE ON WHAT
DAY OF THE WEEK IS BUT WE DO
00:24:09AGREE IN THIS CASE AND THE JOBS
OHIO CASE BECAUSE WE BOTH
00:24:13UNDERSTAND, WE MAY NOT AGREE
WITH THE LAW THAT ARE BEING
00:24:16PASSED BUT IS ABOUT THE RULE OF
LAW AND WHERE THE POWER COMES
00:24:20FROM, FROM WE THE PEOPLE, ABOUT
HAVING A CONSTITUTION THAT
00:24:23ELECTED OFFICIALS ARE FORCED TO
FOLLOW.
00:24:25>> WHAT HAPPENS NOW?
YOU HAD THIS CASE YOU YOU WERE
00:24:29WAITING ON AND JOBS OHIO CASE
BACK IN 2014.
00:24:32WHERE NOW?
>> WE HAVE A FEW LEGAL OPTIONS
00:24:35AND OUR TEAM IS WEIGHINGING
THOSE AND DECIDING WHERE WE GO
00:24:40FROM HERE.
THE KENNEDY CLAIM CAN MOVE
00:24:44FORWARD.
AND REMEMBER THIS ALL STARTED IN
00:24:472011, IT TOOK FIVE YEARS FOR THE
STATE TO DETERMINE WHO HAS
00:24:51STANDING AND WHO DOESN'T.
AND THINK ABOUT THE PROCESS AND
00:24:55EVERYTHING HAS HAPPENED.
IF PEOPLE TAKE A LOOK AT THE
00:24:58RULE OF LAW AND LOOK AT THIS
CASE AND THE FACT THAT THERE'S
00:25:04LOTTERY, RETAILERS THAT WANTED
TO PUT SLOT MACHINES IN.
00:25:09THEY PICKED WHO WAS ABLE TO DO
THAT AND WHO WASN'T.
00:25:13I KNOW THERE ARE A NUMBER OF
THOSE PEOPLE WHEN THEY LOOK AT
00:25:17THIS CASE, THEY SHOULD HAVE THE
ABILITY.
00:25:20AND RIGHT NOW THE LAW IS NOT
BEING FOLLOWED.
00:25:24AND THATS IT FOR THIS WEEK.
FOR MY COLLEAGUES AT OHIO PUBLIC
00:25:26RADIO AND TELEVISION, THANKS FOR
WATCHING.
00:25:27IF YOUD LIKE TO ASK QUESTIONS,
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00:25:29WEEKS SHOW OR EARLIER EPISODES,
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00:25:32STATENEWS.ORG.
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00:25:35ANDY CHOW AND ME ON TWITTER.
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00:25:38TIME FOR THE STATE OF OHIO.
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Note : Transcripts are compiled from uncorrected captions