CLEVELAND, Ohio -- The Buckeye Institute challenged Ohio’s pandemic municipal tax rules to permit taxing people where they were neither working nor living. And now it’s won a case against Cleveland.
We’re talking about what this means for Ohioans who paid taxes in their office cities while working at home during the pandemic on Today in Ohio.
Editor Chris Quinn hosts our daily half-hour news podcast, with impact editor Leila Atassi, editorial board member Lisa Garvin and content director Laura Johnston.
You’ve been sending Chris lots of thoughts and suggestions on our from-the-newsroom text account, in which he shares what we’re thinking about at cleveland.com. You can sign up for free by sending a text to 216-868-4802.
Here are the questions we’re answering today:
A lot of people continue to wait for Cleveland to refund their 2021 income taxes, something that seems to involve some artificial delays, but should people start expecting they also can get refunds on their 2020 taxes. We’re talking about people who worked from home but had wage taxes collected by Cleveland, anyway.
All eyes in Florida are on Hurricane Ian today, as it looks likely to blast the western side of the state, but as it continues north, how likely is the remnant of the storm to bring even more rain to a drenched Northeast Ohio?
People applauded the news earlier this year that Ford would expand its Avon Lake assembly plant for electric vehicles, but that news did not come cheap, we now know. What is the state giving to Ford to help with the $1.5 billion expansion?
Dave Wondolowski almost lost his chance to join the Cleveland/Cuyahoga County Port Authority because he served on another board while on the port board, a no no in the port bylaws. Is he now in trouble again because of yet another board he serves on?
The Cleveland Browns will have a sports betting salon in Browns stadium, but it won’t be open on game days. What’s the reasoning behind that?
We have another injustice at the hands of police officers. What was the verdict in a retrial for two men who served nearly 15 years in prison after being convicted in a series of shootings based on faulty police work?
Is Cleveland getting non-stop flights to Ireland, like it had not all that many years ago?
The Cleveland Orchestra has a special opening night for the upcoming season. What makes it so special?
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Read the automated transcript below. Because it’s a computer-generated transcript, it contains many errors and misspellings.
Chris: [00:00:00] It’s a Wednesday on today in Ohio, and that means Courtney Affy is here and she’ll be talking about some city issues. It’s the news podcast discussion from cleveland.com and The Plain Dealer. I’m Chris Quinn here with Courtney and Lisa Garvin and Laura Johnston. We are ready to get rolling. Courtney, a lot of people continue to wait for Cleveland to refund their 2021 income taxes.
Something that seems to involve some artificial delays we seem to see. But should people start expecting they can also get refunds on their 2020 taxes. We’re talking of course, about people who worked at home but had to pay wages to Cleveland anyway, which never made any sense.
Courtney: Yes. And now we have an outcome of a key lawsuit.
You know, deciding and telling us the path, path forward on this taxing issue. You know, this is specifically about 2020 when there were temporary pandemic rules in place. So it doesn’t [00:01:00] necessarily apply to to 2021 in other tax years. But what we have here is the Buckeye Institute, you know, in Ohio, based conservative leaning, uh, you know, think tank.
Who, who, who filed a, a case, uh, involving a doctor, Dr. Minnow Morrisey, who was regularly commuting to Cleveland ahead of the pandemic, but stopped doing that in March, 2020 because of Covid and continued working remotely from the area around Philadelphia and. This lawsuit’s been going on for a little while now, but we had a decision outta the Coga County, Come please court yesterday that ruled in favor of the Buckeye Institute, who was saying the doctor did not, should not be paying at taxes in Cleveland when he never stepped foot, I think even in Ohio during that whole period.
So, you know, we heard from the president and CEO of the Buckeye Institute who’s been leading the way on this, this work from home. Tax issue. And, and he said this [00:02:00] ruling reminded local governments, they can’t, they can’t tax non-residents for work performed outside of the state of Ohio, which is right what the Buckeye’s been arguing for for years now.
Chris: Well, uh, what we’ve said from the beginning that this was an unconstitutional taking of money. If you don’t work or live in Cleveland, that there’s no way that they can take your money. That’s, it’s a ridiculous situation. And so the Buckeye Institute has filed multiple cases on this. Cleveland is doing everything possible to hold onto the money as long as it can or forever.
So I’m sure Cleveland will say, Well, this doesn’t affect people who live. In the suburbs. This is an out-of-state case, or they’ll go to the appellate court. Ultimately, these cases will all end up at the Ohio Supreme Court, which no matter what the balance is, I can’t imagine they’re not going to say, Cities, you can’t do this.
You cannot tax people who neither live nor work within your boundaries, and people ultimately will get that money [00:03:00] back. They probably won’t get it back with interest. We are working on a story about what seems to be underhanded. By Cleveland to delay paying the money. They do have to pay back for 2021.
But you know, we were that, that the people who worked from home in 2020, it was for almost 10 months of the year. It’s a lot of money that they paid to Cleveland that would be at stake here if they all were entitled to refund.
Courtney: Yeah. And when you gotta remember that the answer on whether folks can get money back for 20.
Has just been on ice as we’ve been awaiting the outcome of these cases in court. So, you know, folks have kind of been in the lurch waiting to see where this goes and, and you gotta think that with these cases filed, not just in Cleveland but Toledo, since he in Columbus, one’s already at the Supreme Court store, we will have an answer at some point.
But, um, you know, folks have been waiting for a while now to, to get a conclusion on their 2020.
Chris: I do think it’s a [00:04:00] shortsighted battle on the city’s part because you, you’re hearing from employers that their employees don’t wanna work in the cities because of this. They’d rather not deal with this. And so with all this effort to get workers back in the downtowns, you would think that the cities.
Be making this easier. Hey, we’re welcoming. We want, we only want the money we’re entitled to. We’re gonna work with you to make this easy, making it difficult just to annoy everybody. And it’s a dumb idea. It’s today in Ohio. All eyes are on Hurricane Ian. Today is, it looks likely to blast the western side of Florida.
but as it continues north, how likely is the remnant of the storm to bring even more rain to a drenched northeast Ohio? Laura, we’ve gone through three, four days of some of the strangest weather we’ve ever seen where you, we probably had 20 cycles of bright sunshine followed minutes later by downpour.
We even had hail where I live. So are we going to get drenched as as this [00:05:00] horrible storm? Reeks its havoc in Ohio and then comes north or the model say, we’ll miss it.
Laura: The modeling right now says it’s not going to hit us, which obviously is welcome news for a place that’s already had, you know, some flood warnings in the last couple of days.
But obviously weather change is constantly, So computer models show that Ian. Is going to kind of stall out maybe around the Carolinas, Tennessee, Kentucky after moving north. Uh, obviously it could be a category for a storm when it hits Florida, but, um, we might, we might escape this one.
Chris: Yeah, I, It’s this, it’s already kind of doing different things than people expect.
It sounds like it’s making landfall more south than, than had been expected. Mm-hmm. , and then it is supposed to cross the state, get to the ocean, and then head back in. So hopefully they’re right. I, I did hear from, uh, a reader who was talking about [00:06:00] the. The wine industry in Ohio and how they’re petrified of this.
Mm-hmm. , because they’re very close to harvest time and if all of a sudden they get too much rain, the grapes all burst and they lose their crop at that. They’ve tended so carefully to, Yeah. So there’s a. Serious financial consequence if we do get
that
Laura: rain, Well, the rain and the colder weather recently has slowed this ripening of the grapes.
And then excessive rain can also lead to fungal disease. So yeah, grapes are pretty finicky, especially at this point in their harvest. Um, farmers east of Cleveland have had, uh, a little bit of trouble. They, they don’t want any more rain or they won’t be able to get their harvesting equipment into their soybean and corn fields.
They’re hoping that they can get some good drying weather so they can get everything. Um, Right. You know, all cleaned up from the fields. But yeah, , we, I feel like we’re getting a lot of the rain. We didn’t get all summer
Chris: long. Yeah, it’s just odd in the form. It’s wildly blinding downpours, followed by blinding [00:07:00] sunshine.
It’s not some, it’s not a pattern that you often see, and it’s lasted for days. I guess the forecast is we’re supposed to start drying out after today, right?
Laura: Yeah, tomorrow. But meanwhile, I mean, mow your grass and walk your dog when you see it clearing, I
Chris: guess , that would take an umbrella cuz you could get poured upon at a moment’s notice.
It’s today in. People applauded the news earlier this year that Ford would expand its Avon Lake assembly plant for electric vehicles, but that news did not come cheap. We now know what is the state giving to Ford to help with the 1.5 billion expansion. Lisa.
Lisa: Yeah, they’re getting money from a couple of different pots.
So the Ohio Tax Credit Authority approved this week a 70 million tax credit for the Avon Lake Plant. Um, but it’s based on the following conditions. The plant has to create 108 million in new payroll, and they have to operate at that plant [00:08:00] for at least 33 years. So that locks them in for quite a while.
And then 135 million in grants are planned from jobs Ohio. Ford announced their expansion to build electric vehicles back in June. Uh, their workforce at the plant now is 1,650 workers. They hope to add. 2000 more by 2030, and this all comes from a 2019 agreement between Ford and the United Auto Workers Union.
They agreed to bring a new product line to the Avon Lake Plant by next year and promised 1500 new jobs and $900 million of investments. So this has been in the works for a couple of years
Chris: now. It’s amazing how much the public now kicks in to businesses. Expand? Uh, yeah. I mean, I think Lisa, when you and I started our careers, that wasn’t something that you saw very often, but now pretty much any employer that says, Hey, I’m thinking of expanding, they get big dollars from [00:09:00] the taxpayers.
They
Lisa: do, but then, you know, every other state is offering incentives too. So, and that’s the problem, you know, if you don’t offer incentives, you’re gonna lose, you know, because some, somebody’s gonna offer them something. And I remember, you know, as a reporter in the eighties covering Harris County government, they like rubber stamped every tax abatement that they ever got without even discussing it.
Chris: Yeah. Okay. Well maybe it goes back further than I recall. It’s today in Ohio. Dave Wadowski almost lost his chance to join the Cleveland Cuyahoga County Port Authority because he served on another board while on the port board, which is a no-no in the port bylaws. Courtney, is he now in trouble again because of yet another board he serves on?
Courtney: And I guess we will see. We are waiting for an answer. To that question right now from the prosecutor’s office. So this, this new, this new Wadowski pickle involves the, uh, you know, nominating council of pco, the Public [00:10:00] Utilities Commission of Ohio. Apparently, since the beginning of this year, Dave Wadowski has been serving on that nominating council.
He describes it as a, a pretty small and and short OB obligation that that has him helping to recommend people. For Buco, but, but, um, you know, we’ve got a local political insult consultant, Bobby Ina, who, who’s now asking the kga county prosecutor’s office to see if there is a conflict in a violation of the Port Authority Agreement, because WADOWSKI is serving on this nominating council for pco.
So we’ve got a year from the prosecutor’s office what the outcome is, but. This just kinda resurrects the whole issue we talked about earlier this year. You know, council is city council, or excuse me, County council is waiting for that answer to before they would [00:11:00] have any kind of next steps on on Wanda Lousie’s Port Authority appointment.
But you know, this political consultant says we have an issue and that this is illegal.
Chris: Well, and let’s remind people. Dave won Lasky head of the Building Trades very powerful position. Northeast Ohio had been on the Port Authority as a city appointment for years and years. Worked very actively to prevent Justin Bibb from being elected mayor and was not renewed as a city appointment.
It, it was one of those things that it was pretty clear Justin Bib was not going to support him and. Armen Buddhi for his al reasons, decided to use a county appointment to put him on there. And only then did anybody realize that while Wanda Laski had served on the Port Authority, he had done so illegally because he was also serving on the elections board and you can’t do both.
So to get in as a county [00:12:00] appointee, he had to quit the elections board. What’s odd is we reported at the time, That Mike DeWine had appointed him to the P U C O board and it was that reporting that has sparked this latest investigation. That’s what Ina saw and said, Well, wait a minute. If he couldn’t be on the elections board, how can he be on this board?
But it, it goes beyond that. Right? Because if he is serving illegally and always did, doesn’t it bring in the question, every vote he participated in back to when he was a city appointed. Yeah. And
Lisa: that’s what
Courtney: in. Arguing here. You know, he, he told us that he’s asked the Port authority to give him records of every vote.
Wanda Lous key’s cast since he’s, he started there in 2018 and, and he wants to kind of pursue exactly what you’re saying. That the, this is, this is not okay. And, and these votes maybe, you know, Ina says would be null and void.
Chris: And many groups had [00:13:00] stood up to, to when he was being appointed by the county to say, Don’t do it, but Buddhi and the council went, went cowardly down the path and put ‘em on there.
Anyway, offending all of those groups. It was a kind of a surprise that this has happened. We’ll have to see what the next step is. It’s today in Ohio. Laura, the Cleveland Browns will have a sports betting salon in Brown Stadium, but it won’t be open in game days when the stadium is filled with people.
What’s going on there? What’s the reasoning? I don’t, I don’t get it. I
Laura: did not know that this would happen either until reading the story, but those are the NFL rule, so I thought that the fans would be able to kind of treat this as part of the game, experience the stadium and wander in and out. But no, it, it’s up to each league to set some of the rules for the sports.
In their stadiums and the browns, the calves and the guardians have all been approved for these sports betting licenses. That means they can build the brick and mortar sports books as well as mobile betting. So you can mobile [00:14:00] bet from your seat in any of these stadiums during any of the games, but you can’t.
Physically walk into the sports book, at least in the nfl, it will not be open in Brown Stadium. For guardians, you won’t be able to walk directly in there. You’d have to leave the stadium and come in a separate door or something. And then the calves, that’s the most open that they have, that you’ll actually be able to treat that as part of the experience.
Chris: Yeah, it, I, I, There was a time in America where the sports leagues put as much distance between themselves and gambling as possible to avoid any incrimination of, of collusion or game throwing or score controlling point shaving. And it’s fascinating how much that’s changed where they’re, they’re not only not distancing themselves from gambling, they’re running the gambling.
The NFL rule seems to be a throwback, but I wonder if they, they remove this in [00:15:00] time because if, how many people are in Brown Stadium when it’s not active? Almost nowhere. Right? So it’s
Laura: not exactly convenient for anyone.
Chris: Right. You’re not gonna drive down there to, to place bets when you can go to much more convenient places.
So the value to the browns is on game days when you’re filled to the brim with people, but they, they can’t do it. It’s just a, a strange thing. And you do wonder if the close proximity of the sports teams to gambling does pose a risk. If, if, if the guardians, the calves, and the browns are all making money on sports betting.
Does that create some risk that bad things could happen to change the outcomes of games? Mm-hmm. , I, I mean, I, And you gotta wonder what Pete Rose, what is Pete Rose thinking
Laura: case? Do they Right, Do they spell out players are not allowed to bet? Like is there something on their cell phones that are like, Yep.
If you’re a player, you can’t bet I don’t.
Chris: I mean, I mean, Lisa, you remember this [00:16:00] was so much diligence taken to keep gambling and professional sports separate, and that’s gone, and you just wonder what the lack of safeguards means.
Lisa: Yeah. And you wonder, Well, you know, and Pete Rose was kept out of the baseball Hall of Fame for years.
Because, you know, he was betting on games, you know, so I guess that, I guess that they don’t care.
Laura: Yeah. I think it makes it more of an interactive experience, right? Like with all the, the rise of the internet and the fantasy leagues and people just wanna like, have their own part in it, I guess. I mean,
Chris: I know, but if you’re betting that Nick Chubb will get a hundred yards and there’s money to be made if he doesn’t, because so many people will bet that way.
You know, do they, do they pull him out the game, you know, for some trumped up reason and he doesn’t get his a hundred yards. The, the. What they did years ago to separate it made sense because it maintained the integrity of the game and you just aren’t hearing much discussion [00:17:00] about that. I mean, automatically the sports teams were first in line to get sports betting salons and you just think, Wait, though, , what?
What might that mean down the road? Who’s keeping it safe to, to make sure that the games have integrity, Interesting questions. It’s today in Ohio. We have another injustice at the hands of police officers. What was the verdict In a retrial for two men who had already served nearly 15 years in prison after being convicted in a series of shootings based on faulty police work?
Lisa, the number of outrages that come out over time, the number of years people have lost in the prison system to miscarriage of of justice has become astounding.
Lisa: Yeah, and these two guys spent 15 years in prison for something they didn’t do as a jury, ruled in common. Please Judge John O’Donnell’s court earlier this week.
They found 35 year old Michael Sutton and 34 year old [00:18:00] Kenny Phillips not guilty in that May, 2000. Six shooting incident at East 55th in Woodland. There was a large crowd and shootings broke out from a car, and a car drove away. They were released from prison last year after they were granted a new trial by the eighth Ohio Appeals Court.
Um, and this jury in, in common police found that Cleveland police officers, Michael Keen and Daniel Linz withheld. And lied on the witness stand about that 2006 incident. And also a detective that was assigned to the case never tracked down witnesses, including uh, a gold car that was listed as suspect at the scene in a police report.
Well, that police report wasn’t even received with the license number of that car until the day Sutton and Phillips were convicted. And this was interesting. The jury was very sympathetic, apparently. Um, they, they con, they were convinced that the officer’s testimony was not credible and they wondered why no witnesses [00:19:00] testified.
And after the trial, Phillips, who was 17 at the time, he was arrested and convicted, he said somebody finally believed me. And a juror actually. Back and nodded at him and they talked to jurors afterwards. Um, Phillips had planned a sports career before. He was, you know, his life was changed by these police officers, an 18 year old Sutton.
He was 18 at the time. He had a full scholarship at the University of Akron. He was planning, you know, to be on the football and the basketball team. So they finally got their lives back. But 15 years has been lost because of
Chris: this. Yeah, and I’m sure that. They’ll sue and, and get some kind of compensation.
But I, I feel like the, the regularity with which we talk about these cases just condemns so much of the work that the police did. I mean, you’re taking away people’s liberty for, in the, in the prime years of their lives based on doing very slipshod work and there’s never any accountability. The taxpayers have [00:20:00] accountability.
We’ll have to pay these guys a good bit of money, but the police who screw this. Don’t ever really get held accountable for it.
Lisa: It, it’s, it’s, it’s sad. And then there was like, there was a hand print and then they said there was gunshot residue and this hand print, See, Sutton and, and Phillips were in a car that they, the officers said they thought they saw, saw bullets coming from, but that ended up not be true.
Yeah, I mean, it’s just, No, I
Courtney: just wanted to jump in. Um, you had said one of the officers involved here, uh, Daniel lent, I, I recall a few years ago. I, I’m not sure where this case went, but. He was accused of felonious assault a few years ago. Just, just wanted to throw that out there with that name. Oh,
Chris: oh, was it?
There’s a bunch of lenses that have gone through the police department. Are you sure it was Daniel that was
Courtney: accused of that? That’s what I’m reading from our reporting from 2019, and it is part of that prominent police family.
Chris: Wow. Yeah, I just, It’s [00:21:00] before you send somebody away for that long, you would just like to think you got it right.
You would like to think that the prosecutors, the judge that, that all of the, the checks and balances in the system would call out these flaws, which, Are so obvious now in hindsight that the police did not do good work here and it just keeps coming. And these are not ancient cases. 15 years ago is not that long ago.
I guess it was a little longer ago than that, but, but it’s, it’s fairly modern times, and yet they’re doing slip shot work that deprive people or their liberty. It’s a very sad case, but at least they’re, they know they’re free now and they will get some kind of compensation. It’s today in Ohio. Is Cleveland finally getting nonstop flights to Europe again to Ireland like it had not all that many years ago.
Laura, what’s it taking to get this to
Laura: happen? Well, speaking of help from the government, , Cleveland City Council has poised to contribute up to $600,000. To this fund [00:22:00] that would bring he Lingus to Cleveland with nonstop service to Dublin and Susan Glaser broke this story last week. Looks like Lieutenant Governor John Houston’s coming to announce it this week at the airport.
The flights are expected to start in May. It’s the first nonstop service to Europe since 2018. That’s when. Two Iceland carriers that flew from Cleveland, and I felt like every younger reporter in our office like went to RI CIC that that year it’s like everybody went to Iceland because they had such good deals on the flights.
But they’ve been working to get European service out of Cleveland for a long time.
Chris: What, what is the philosophy of using public money to get the flight? Because if somebody wants to go to Ireland, they obviously can get there with non nonstop flights that can fly outta Cleveland to a connector, or they can get a nonstop flight from Detroit or somewhere.
So what, what is the benefit? To northeast Ohio to take taxpayer money to [00:23:00] subsidize something like this? That’s a
Laura: really good question. I think it’s economic development and tourism that the more people will come to your city or more businesses will locate in your city if you have more direct flights.
So Cleveland hasn’t had a nonstop service to Europe other than that Iceland Air since 20 2009. That’s when Continental. Flew between Hopkins and London, and meanwhile other airports have added it. I think Columbus and Pittsburgh, uh, were ones that I read about, but the idea is just Jobs. Ohio is in this, They, they set up this program for airports throughout the state to attract new service, federal losses.
You can’t, uh, directly, the airports can’t directly offer the money to the airlines, so it’s up to everybody else to help.
Chris: Yeah. I just, I don’t ever really hear in these cases, anybody articulate why this is good for economic development. When we had a flight from Ireland before, did a whole bunch of Irish people come and partake of Cleveland tourism [00:24:00] stops?
I, I bet not. And so in the end, is this more of a vanity play? Oh, we are an international airport because we have a single international flight. I, I just that question. If it’s the best use of tax dollars, To, to have people be able to fly nonstop Ireland. How hard is it to fly to, to Charlotte or Newark and then fly to Ireland and that doesn’t involve a public subsidy?
Laura: Yeah, I haven’t seen any numbers on what they say this is gonna bring in spending to Cleveland. I mean, I might, you might get some people driving here to fly to Dublin, you know, a couple of hotel nights, but I can’t see that. It’s a massive influx of money. I think any company that’s begging for.
Chris: When you talk to business leaders, what they most want are direct flights to cities where they do business.
Mm-hmm. . Cause we don’t have a lot of those. And so if somebody from Cleveland wants to go to a bunch of places in America to transact business, it’s an all day affair. They have to go get a connecting flight and get [00:25:00] there. And there was a time when United was a hub where we had a lot more flights like that.
I could see an argument for subsidizing those because. That’s economic development. It’s making it easier to transact business. The Ireland one, I’ve just, I, I wish maybe somebody hearing this will explain why this is a good economic development money generator. Uh, it seems like it’s just to make people who wanna go to Ireland have an easier time.
I love Ireland and mostly Irish.
Laura: That fund actually helped create the Cleveland to Seattle route too. And then Breeze Airlines. It’s increased services that was also given help by this.
Chris: Okay? You’re listening to today in Ohio. The Cleveland Orchestra has a special opening night for the upcoming season.
Lisa, what makes it so unique?
Lisa: This is very cool. The Cleveland Orchestra is now the proud owner of the only known manuscript of Gustav Mo’s Resurrection Symphony [00:26:00] Number two. It was handwritten by him, complete with notes and everything in the margins between 1888 and 1894. It’s 232 pages long. It will be on display in a custom display case that comes from the Cleveland Museum of Art.
It will be in the lobby at Severance Music Center. Today it’s open to the public. And then Thursday and Friday concert ticket holders will be able to see this original manuscript manuscript. The original will then move to the Cleveland Museum of Art and it will be available to curators and scholars. Uh, fact, similarly of the manuscript will be displayed at severance, uh, in an interactive display that they call a.
Box. So this manuscript comes to the orchestra from Herbert Cloer. He’s a German media mogul. He’s also a Cleveland Orchestra trustee. He’s one of only two private persons who have possessed this manuscript since it was created. He bought it in 2016, uh, with an anonymous bid of $6 million at auction. [00:27:00] And this is mo’s, It’s considered his most important work.
The manuscript is in extremely good shape, probably because it passed few th. Few through, so few hands, it’s legible. All the notes can be read and it’s, And the paper’s still in good condition. And Cloer is glad. He says he wanted to give it to Cleveland because he knew it would be put to good
use
Chris: here.
And that’s what they’re playing, right? They’re gonna play this, this. Piece. Correct? They are, yeah, an opening night. That’s just, that is, you’re right. It’s a very cool story. So people will be able to look at the actual piece written by him and then go in and listen to it. Uh, kind of an exciting weekend.
They kept this under wraps until the last minute, No word had escaped that they had done this.
Lisa: Yeah, because I mean, it’s going on display today and we just, you know, have it yesterday. It was published in the papers, so, yeah. So yeah, if you, if you’re interested in seeing this original manuscript and you’re not a concert ticket holder, you need to [00:28:00] go out to Severance Music Center today and take a look.
Okay.
Chris: That’s today in Ohio, wraps up a Wednesday. Thank you, Courtney. Thank you, Lisa. Thank you Laura. Thanks everybody who listens. We’ll be back tomorrow talking again about the news.
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