Good News, Bad News, From Mayor Summers

[Jim O'Bryan]

I was just stopping at City Hall when Mayor Michael P. Summers drove by, and stopped
backed up and told me to park.

He mentioned that the decisions had been made on the Federal Hidden Village case against
the city of Lakewood that claimed the city Federal Government will now go to court as while
they could not single out any individual, they saw the city acting in concert...

Judge Pearsion concludes, “As Hidden Village has highlighted, the record is replete with facts that could lead a jury to conclude that the defendants named in their individual capacities acted with ‘discriminatory animus, amounting to bad faith or malice.’”

It remains to be seen just how the potential sanctions or findings against the city of
Lakewood might play out if a judgment is handed down in the trial that will start Aug 27.

More tomorrow.

.

[Scott Meeson]

From Fox 8:

http://fox8.com/2012/04/03/court-date-set-after-raid-on-apartments-housing-foster-kids/

"Accordingly, the defendants named in their individual capacities are not entitled to statutory immunity as to the trespass claim,” she ruled.

Scott Meeson

[Jim O'Bryan]

You know, I know many of the people involved in this, on some pretty real friendly levels
outside of work. These people are not racist.

If the people involved are not racist how could the city be found to be?

FWIW


.

[Scott Meeson]

If the people involved are not racist how could the city be found to be?

FWIW


.

Jim,

Maybe we can start with what qualifies as an "impromptu inspection"? What is the basis and authority of performing such an inspection?

Scott

[Jim O'Bryan]

Jim,

Maybe we can start with what qualifies as an "impromptu inspection"? What is the basis and authority of performing such an inspection?

Scott

Scott

Right now the entire city is going through impromptu inspections. Every house is being looked
at and graded. Now of course this went further, and dealt with safety inside the apartments,
which brings me to another impromptu inspection every couple years or so, though I have
had more than one in a year. To make sure the rental property is up to code. Often they
seem unneeded and downright silly. I remember one year, after ten years of inspection they
said I had to change the polarity in the home. This was after ten years of polarity running
the way it did. I thought at the time it was BS but did it.

It all seems silly until you read about a fire in some apartment building or school, and then
you see the building department, the city and everyone sued for not doing their job, and
rightfully so. If the building department looks the other way and it causes death it should
be looked into.

It has been a year since I have poured over the files and talked to some of the players, most
have decided not to talk about it which is probably smart. But I believe that in every inspection
something was found not up to code. You have to remember we are talking about two
buildings, and many apartments. I am not making excuses but it can happen.

I suppose what bothers me most about all of this is that Avery Friedman, a good lawyer
that has become as much of a PR machine as Jeffery Figer, or Johnny Cochran ever were.
So that brings another dimension to this case, coupled with the charge of racisim,
something that is Avery's specialty will make this very tough on the city as a whole.

AS I mentioned I know most of the people involved, I could call them many things but
not racist. I know that the police had become frustrated with the area because of crime,
not because people of color might have been committing that crime. Seriously, talk with
Sapelli's (?) and others in the neighborhood. When I was involved in that chase of the
gunman in Emerson school two years ago, the victim told a very interesting account of
what members of Hidden Village needed to do to make themselves part of the "gang."

No matter we have 36 charges I believe laid out in 79 pages that according to the Mayor
were only starting to be looked at last night. All of them are still "innocent" and no
judgement has been made on any of them. I want to say but could be off as it has been
a long time since talking with Ed FitzGerald about this he mentioned that the Federal
Department in charge of this had a 75%+ rate at getting these lawsuits to trial. From there
it is up to a jury.

FWIW


.

[sharon kinsella]

Do you remember when they took down the basketball hoops and certain people running for office here were going to protect our borders? What do you think was behind that kind of rhetoric?

How do you know "those" people aren't racists? What is the criteria you use to make this decision?

If you put the hoops, protecting our borders and the war against Hidden Village all together, what do you come up with? How would it look in a book or a movie? I'm not a racist but. . .. , I'm not a feminist but. . . It all makes me weary.

[Jim O'Bryan]

Do you remember when they took down the basketball hoops and certain people running for office here were going to protect our borders? What do you think was behind that kind of rhetoric?

How do you know "those" people aren't racists? What is the criteria you use to make this decision?

If you put the hoops, protecting our borders and the war against Hidden Village all together, what do you come up with? How would it look in a book or a movie? I'm not a racist but. . .. , I'm not a feminist but. . . It all makes me weary.

Sharon

I have uttered many things in my life that could be considered racist, sexist, and idiotic, mostly
for affect. However I have always been extremely color blind, religious blind, sex blind, and politically blind when it comes to dealing with humans. I am not a fan of being PC,
It think it covers up what people are really thinking, and that is never good.

I have been in many tough situations, and social interactions with most involved in this, and
I can say I have never heard any of them say, anything racist. I will stand by that. I have
to believe and I hope you do when I say it, there were plenty of opportunities to say things
or indicate things other than that, but it never happened.

As for the gated community, that is two fold, seriously. There is a study that gated communities
are worth about 15-20% more than the surrounding areas. So it could add to the tax base
and help secure our property values. I am a fan of this, but not to the level it sounds. I
have never heard the term gated community as anything other than as a way to slow
entry to Lakewood and for property values.

It has never been said to me, as "keeping those people out." As far as Hidden Village, I do
know that there was much talk about it being illegal use of that property. I have never
heard about anything with race or economics. Merely that it was done behind the back of
some at City Hall and that it is illegal use of that property. As such, that it was open living
dorms, I know the city was also afraid of getting in trouble for it not being up to code, and
if the landlord would be spending the necessary dollars to keep it up to code. Something we
all have to do. My feeling is that the landlord, decided it was far better and cheaper to hire
high profile Avery Friedman and tag Lakewood as racist, than fix the building. It is only
my opinion.

As I have said previously, Avery Friedman has been a great friend to those being
discriminated against. I feel he is being used in this case by the landlord, that was able
to get him to see the outrage, instead of the violations. However I could be wrong.

I stand by my comments, not racist people.

FWIW

.

[Scott Meeson]

CHARLIE FOXTROT!

[sharon kinsella]

I'm not, nor will I ever be color blind. Jim, and believe me I know you try really hard to do the right thing, but when you are color blind you are saying there are no differences in people. I've never been on the wrong end of Jim Crowe, have you. I've never been judged as less than by the color of my skin. We can't afford to eradicate our differences when it comes to getting to know each other. We are all the totality of our experiences. I'm going through a thing right now, where I live, where if I ask for inclusion as wiccan (oh no that's evil, you just came in here to get into an argument) or lesbian (do you have to say something, can't you just be quiet).

People don't always come right out and say their motivations, they give a million reasons all around the real thing they are doing. I've gotta stop now. 50 years is a long time to keep having to say the same stuff. I'll just stay in my apartment, read my books and not be bothered any more, ya all have fun.

[Jim O'Bryan]

I'm not, nor will I ever be color blind. Jim, and believe me I know you try really hard to do the right thing, but when you are color blind you are saying there are no differences in people. I've never been on the wrong end of Jim Crowe, have you. I've never been judged as less than by the color of my skin. We can't afford to eradicate our differences when it comes to getting to know each other. We are all the totality of our experiences. I'm going through a thing right now, where I live, where if I ask for inclusion as wiccan (oh no that's evil, you just came in here to get into an argument) or lesbian (do you have to say something, can't you just be quiet).

People don't always come right out and say their motivations, they give a million reasons all around the real thing they are doing. I've gotta stop now. 50 years is a long time to keep having to say the same stuff. I'll just stay in my apartment, read my books and not be bothered any more, ya all have fun.

Sharon

You are right about a bunch of this from one side. I am not going to argue this.

If I am with people that have a chance to say racists things, and they do not, I have to
believe they are not racists. When other people in the room might say racists things, and
others do not, and frown on it, I have to think they are not racists. When people have to
react quickly to help, or do something to or with another, and they never hesitate because
of the color of their skin or the sex, they are not racists or sexist.

To me that is the bar, what you do, not what you think or what you say. I know that might
seem like a low bar, but then I am tired of PC. You know I care more what is in a person's
heart and mind than what they say. As I pointed out, I often say stupid things for many
different reasons. Does that make me a racist?

I have had the chance to look at some of the documents, and some of the facts, and even
talked with a couple people close to this events and court. The only person yelling racism
is Avery Friedman. The courts are looking to see if fair housing was violated, and if so how,
it was not looking at it being violated based on race. Because, a large population of Hidden
Village is of color, it was thrown in for good measure. In fact the city found that the city
was not in-violation of anyone not getting fair and equal housing. To my knowledge, it no
moves to the owner to the city, not the residents. The owner is not a man of "color." So
race should never come into this discussion again. Seriously.

There are many groups that are protected for good reasons from discrimination, and a
person that takes negative action on another because of race, religion, sex should be
taken to task if for no other reason than for being ignorant of what they are missing.
However, not one part of this discussion or action the city took in any way was based on
any protected group of people. That should be understood as well.

In many states and court districts with the original finding would have nullified the other
charge. But in a reading from the Ninth District Court, there is precedent and ruling like
this can stand without the other charge. Our District court has never ruled on this, so
interpretation is opened to the judge. No one has complained about her looking to the
Ninth District. All that I have talked to underlined is is proper and within her court to do so.

I have issues at times with the city, but they are not racists.

FWIW


.

[sharon kinsella]

While I have not read the court documents, I will say it has always walked like a duck to me, just like the hoops and protecting our borders.

The city not finding it racist is relevant, what will solve the legalities of the definition of racism in this case will be the court.

Don't discount Avery because he wraps himself up in a flag and marches around the courtroom. Very smart guy. I've done some work with him and has usually goes with the winning horse.

I hope we can all eventually get past all these issues. I love my litte city.

[Jim O'Bryan]

While I have not read the court documents, I will say it has always walked like a duck to me, just like the hoops and protecting our borders.

The city not finding it racist is relevant, what will solve the legalities of the definition of racism in this case will be the court.

Don't discount Avery because he wraps himself up in a flag and marches around the courtroom. Very smart guy. I've done some work with him and has usually goes with the winning horse.

I hope we can all eventually get past all these issues. I love my litte city.

Sharon

So many way to kick this can down the road. #1 Avery is a hero to many, myself included.

But it is funny, what form of ism, do you, Avery myself and others have when. A group is
brought to trial, over a so called over zealous round of building inspections, and we
presume racism based on the fact that a majority (?) of the renters were men of color.

Did we not all jump to judgement as well?

What I really think bothers me most about this, is I believe this city was coming to grip,
and making real strides in our diversity. Not just black white, but in nationalities, lifestyles,
in all ways. Hell, I haven't heard an anti-Irish comment for hours.

This city is beautiful in all so many ways, that is one of our secrets.



.

[Scott Meeson]

Judge's opinion on Hidden Village, LLC vs City Of Lakewood, Ohio :

Hidden Village Opinion.pdf

(846.37 KiB) Downloaded 127 times

[Jim O'Bryan]

Some more clarification.

The city is being sued by the Landlord, the one that was found negligent in various inspections.

NOT THE FEDERAL GOVERNMENT, which cleared the city of any wrong doing in 2008.

NOT THE RELOCATION HOUSING PROGRAM.

Only the landlord.

What bothers me most about all of this is that every member of the city being pulled into
this have long records of helping many diverse groups get fair treatment.

.