Movie lovers look forward to the Oscars as much as football fanatics do the Super Bowl. And with the Barbara Walters specials and all the red carpet footage, they receive almost the same amount of pre-coverage. But afterwards Oscar viewers are left feeling let down and exhausted, as if they have just watched a blow out of a game that would never end.
I consider myself a movie buff, though due to rising ticket prices and a lack of dates, I usually wait until they are at Danbary (the “Dollar Saver” theater) or on video. Those I do see are usually not of the caliber which gain the attention of the Academy. I never understand how the esteemed members of the Academy can be such an integral part of the movie business and yet have no sense of humor. Comedies receive no respect, despite possibly being the most popular genre. Their dismissal is probably why the Oscars are so boring.
If I were in charge of the Oscars, I would make a few changes. First, I would shorten the length. After three hours, with midnight creeping nearer and my popcorn long finished, most of the major awards (the ones we care about) have still not been presented. When ratings are everything, it’s obvious a two hour program would be a greater success.
All most people care about, or me anyway, are the Best Actors, Director and Movie categories. While their work is respected, and it’s good to recognize those who spend endless hours behind the scenes, who really cares about the technical awards? I have never watched a movie and thought, ‘Wow! The Sound Editor really deserves an Oscar.’ Show only the major awards and you’ll have a fast-moving, entertaining show.
Also, I would include more of the widely seen movies, the type that normal people go to. I’m sure that Hurt Locker is a wonderful film and deserving of the top award, but who saw it? People camped out to see New Moon and it received not a single nomination. Everyone I know has seen Avatar, and sung its praises, but box office receipts don’t equate to Oscar trophies.
My favorite awards show is the MTV Movie Awards because categories like Best Kiss and Best Fight are interesting. And it recognizes the best-known movies. Nothing against Jeff Bridges, who won Best Actor for Crazy Heart, but it’s not a mainstream movie. Imagine the excitement if the battle included Ryan Reynolds for The Proposal, Sacha Baron Cohen for Bruno and Woody Harrelson for Zombieland.
While I did see Inglorious Basterds, and agree that Christoph Waltz deserves the Oscar for Best Supporting Actor, I would have liked some competition from Zach Galifanakis, who was hilarious in The Hangover. Actors are always saying comedy is the hardest part of acting, so he should have at least received a nomination.
While I have your attention, I’d like to point out that like Christopher Waltz, I also fully support Mo’Nique’s Best Supporting Actress win. Her performance in Precious is absolutely bone chilling. She makes you seriously hate her character with a passion; a sure sign of great acting.
The Super Bowl can never guarantee a close game; but, by trimming down the time, featuring only the major awards and nominating more of the popular movies, the Oscars can be sure of a more entertaining awards show.

Ohio is a tough place to do employment law!  Being one of the dreaded “at will” states, an employer can pretty much rid themselves of an employee without much cause.  No reason need be given.  What cannot be given is an illegal or unconstitutional reason.  There is tremendous statutory leeway provided to Ohio employers to follow their business models.

As difficult as it is to pursue a labor or employment law civil litigation cases in Ohio, The Mark Bamberger Co., LLC finds opportunities to represent employees who have been wronged.  The challenge is to define with our clients the difference between being wronged in fact and being able to prove that a client has been wronged in a court of law.

The litigation process begins by deciding if a client has a constitutional claim, such as gender, age, or racial bias; or else some noted violation of an existing contract or union agreement.  Most of the labor clients we see did not sign a contract with their employer, are not part of a union, and do not have a viable constitutional claim to proffer.  That makes litigation tough.  Additionally, our clients need to consider the potential outcome.  They typically fall into one of three categories: (1) those who continue to hold their jobs, yet want some remedy for a wrong; (2) those who lost their job and want it back, if at all possible; and (3) those who lost their job and do not want to go anywhere near the place ever, ever, ever again.  Different approaches and sensitivities are indicated depending on which category is applicable in the case at bar.  Some law firms go right for the civil complaint (suing the “SOB/s”).  At The Mark Bamberger Co., LLC, we often find that a three-step approach provides the best opportunity for our clients to get where they need to go; with only the third and final step being a civil complaint.

Overall, the most important thing for our clients in ANY litigation environment to do is to define what a “victory” looks like.  Many times they just need help in order to move on with their life with some version of closure; be it financial, psychological, or otherwise.

MJB 3/10

March 14
by Greg Enslen

Spring Forward – I know it’s hard to believe, but spring is here and it’s time for daylight savings time. I’m a fan of extra daytime – who doesn’t like more time to get errands done before the sun sets. First tried during World War 1 to save gasoline, this system of changing the clocks was so unpopular that it was immediately repealed, only to be brought back again during World War 2. In 1966, the U.S. Government passed the Uniform Time Act, which allows the individual states the option of practicing daylight saving.

And did you know that the “spring forward, fall back” dates have been changing though the years? In 2005, Congress moved the start date up three weeks and moved the end date back one week, adding an entire month to expand the day light savings period and to encourage further energy savings. So leave those lights off and get outside!

Snow Days – Good or Bad? Last week I wrote about snow days over the last few weeks and how they were seemingly unpredictable and, in some cases, just ridiculous. Truth be told I was expecting an onslaught of email on both sides of the argument, but I’ve heard from ZERO readers, so I’ll be happy that no one disagreed with me. Sweet!

I still haven’t heard back on a good reason for the concept of the two-hour delay. If it’s too dangerous for kids to come to school, how does a two-hour delay help? Someone needs to drop me a note and let me know how this helps.

Harrison’s & Urban Ava’s Fashion Show for a Cure. Hopefully by now EVERYONE in town knows about this amazing event, but in case you haven’t heard about it, it is a fundraiser, fashion show, and party held at Harrison’s to raise awareness and funding for breast cancer research. This year, with the help of other groups and sponsors, chairperson Kelly Andary is expanding the event to include the Third Annual “What a Girl Wants” Fashion Show for a Cure and other events.
New this year is a “Derby Party” in the evening, which will include first-class hors d’oeuvres, cocktails, a large movie screen to watch the Derby, and a dance floor with DJ. All of this inside a heated tent, so don’t worry at all about bad weather – just come out and enjoy the fun!

Also new this year – Facebook! Go to Facebook and search for “Fashion Show for a Cure” to find all the latest information about the event, including dates, times, and schedule changes. I’ve also heard that Facebook Fans will get first dibs on the tickets when they are released, so get over there and “fan” them. This is a great cause, so please show them your support.

Please take a moment out to join in their efforts as they strive to raise and donate $15,000 to the Vera Bradley Foundation for Breast Cancer Research. I also hear that they’re still looking for donations for the 30 baskets they’ll be raffling off. Interested individuals and businesses can also still sponsor portions of the event, including t-shirt logos, business name placement, and sponsorship of tickets for individual breast cancer survivors attending the event.

Last Column for the Herald – Sadly, this will be my final Tipp Talk column for the Sunday Record Herald. First of all, a big THANK YOU to Merrilee Embs and the Sunday Record Herald for rolling the dice and allowing me to write a weekly column – it’s been a blast! The Tipp Talk column is moving to the Tippecanoe Gazette, but I wanted to thank Merrilee for giving me a chance to speak up.

And I will continue to write articles for the Record Herald, so keep checking back. I’m thrilled to have two papers in town – I think it’s great that so many folks are interested in writing about Tipp City. PLEASE keep buying the Record Herald, available at local outlets, in addition to trying out the new paper, which will be on sale starting March 17th.

Hear something interesting for “Tipp Talk”? Shoot me an email at genslen@yahoo.com. And don’t worry – I won’t quote you unless you want me to!

Bill Beagle addresses Darke County GOP Women's Club

Monday Evening at the Brethren Home in Greenville, OH was the site of another candidate introduction Dinner. Hosting the event were the Darke County GOP Women’s Club.

Candidates for County Commissioner

Ed Huffman first addressed the group as a life-long resident of Darke County, and shared his experience both as a Parts and Service manager, and then as a local Realtor. Mr. Huffman is a member of the Greenville Masonic Lodge, was involved in the controversial sign code legislation, and was awarded in 1999 the Realtor of the Year award (a community service award).

Bob Robinson explained that he has lived in Darke County for 7 years, and served the community as the Editor of the Advocate, the Board of Directors of the local Kiwanis Club, a Member of Seniors Pride and as a member of the Public Access TV group. Mr. Robinson considers himself a “friend of business” who will help the commissioners “communicate better”.

Mike Stegall rounds out the trifecta running for commissioner as a life-long resident of Darke County, married to his lovely wife Rosemary who he referred to as the “first lady” should he win the nomination. Mr. Stegall has served the community as township trustee for 5 years and his motto is “if it is broke, fix it”, referring to those often ignored or politically sensitive issues that never get dealt with. In closing Mr. Stegall explained how he would work to prioritize the work that needs done.

Rep. John Boehner’s Report

Ryan from John Boehner’s office shared some notes about what Rep. Boehner has been working on in Washington, and answered a few questions from the crowd.

Candidates for 5th District Ohio Senate

Bill Beagle addressed the group first noting the common themes of the evening, fiscal responsibility, smaller government and good communication. “I want to earn this seat through voters’ confidence and not political appointment” (referring to current 5th District Senator Fred Strahorn) Mr. Beagle shared his confidence in meeting the aforementioned goals and highlighted his education (BA in Finance from Miami University and MBA from Cleveland State) and how his financial management background will help to rein in wasteful spending and put the 5th district “back on track”.

Joe Lemaster, a resident of Darke County, addressed the home-town audience noting his 21 years of exemplary service in the US Navy. Mr. Lemaster considers himself “not a politician” in the traditional sense, highlighting his current career as Pastor of a local church and as someone who won’t work to “protect sacred cows”. He shared with the group that he is interested in phasing out Ohio’s personal income tax and eliminating government handouts. In closing Mr. Lemaster stated he was a true conservative and that he is a member of the NRA and the Heritage Foundation.

Candidates for Court of Appeals

Mike Hall, currently is serving the County in the capacity of Common Pleas Court Judge for 1o years. Mr. Hall considers himself an experienced and practical jurist as he highlighted many of the criminal cases he has adjudicated over the years.

George Reynolds has served Greene County as it’s Chief Magistrate since 2001. He received his JD at George Washington University and as a member of the Ohio Judicial College faculty and curriculum planner. Mr. Reynolds shared that his wealth of experience demonstrates his readiness for this position.

Roxie Rolka
(Died March 4, 2010)

Rolk, Roxie age 84 of Tipp City died Thursday, March 4, 2010 at Springmeade Health Care Center. Service at 1:30 PM Monday, March 8, 2010 at FRINGS AND BAYLIFF FUNERAL HOME. Burial at Dayton Memorial Park.

Tipp City’s own Bill Beagle (R) met with Darke County Republicans at their annual Lincoln Day Dinner on Saturday night. The event featured a keynote address from Rob Portman (R) who is a candidate this year for the US Senate. Bill Beagle is actively campaigning to represent Ohio’s 5th District in Columbus as State Senator.

Read more at DarkeJournal.com

Pictured in the front row, left to right, are: Cierra Faler, Stephanie Snyder, Amy Minnich, and Lauren Burns. In the back row, left to right, are: Program Director Jim Sagona, Paige Winston, Kevin Ford, Cameron Daniel, and 2009-2010 Tipp City Rotary President Doug Thompson.

March 3, 2010 – The Tipp City Rotary Club hosted the 2010 Four-Way Speech Contest in the Tippecanoe High School Center for Performing Arts on March 3, 2010.  Seven High School students gave a 4-6 minute persuasive speech about the Rotary Four Way Test, which states “Is it the truth?, Is it fair to all concerned?, Will  it build goodwill and friendship?, and Will it be beneficial to all concerned?”  This simple Four Way test is the guiding principle for Rotarians worldwide.

All of the students did a wonderful job weaving the Rotary Four-Way principles into their speeches, dealing with leadership, service and life experiences.   Lauren Burns’ speech focused on her Student Senate experiences, Cameron Daniel’s speech was about the War in Iraq, Cierra Faler’s speech focused on her Model United Nations experiences, Kevin Ford’s speech was about Jimmy Hendricks, Amy Minnich’s speech was about Superhero’s, Stephanie Snyder’s speech was about leadership, and Paige Winston’s speech was about softball.

Rotarians and parents attended the contest.  Three Tipp City Rotarians judged the students’ speeches on nine criterion ranging from the application of the Four-Way Test principles to poise.  Cameron Daniel was selected as the runner-up and awarded a $300 cash prize.  Amy Minnich was selected as the winner of the Four-Way Speech contest and awarded a $400 cash prize.  Both Amy and Cameron will be presenting their speeches to the Tipp City Rotary Club at an upcoming meeting.  Amy Minnich will be presenting her speech at the Rotary District 6670 competition on April 11, 2010 at Wittenberg University.  Congratulations to all the participants and special thanks to Jim Sagona, Theatre Program Director, for his help organizing and coordinating this contest.

###

I’ve never traveled onto foreign soil but have lately begun to feel like an alien in my own hometown, as the lone individual who hasn’t seen Wicked. It’s as if I don’t belong and don’t understand the language as everyone around me is talking about the famed musical that’s enjoying its run at Dayton’s Schuster Center.

No matter where I go or whom I speak to, I can’t escape the society of those who have seen Wicked. Constantly reminded that I’m the outsider who failed to reach the normal level of existence. I never even realized that I knew so many people until hearing them all proudly state that they were going to see Wicked.

I should’ve, could’ve gone and joined the masses; I really wanted to, as I love the Wizard of Oz to the point where I collect figurines and other accessories of the classic film. However, I couldn’t justify spending more than I make a week on a ticket. Instead, I’m left to wonder what really happened in that merry old land of Oz as I stare at my stuffed doll of Dorothy.

To try and escape my doldrums I would check my e-mail, and take a little bit of comfort in the fact that my situation could be worse as I read the misery of others. I feel fortunate that I’m not my friend whose been without work for six months, a father of three and whose wife just left him for another man; but then the e-mail ends with, ‘I have to go, am going to see Wicked tonight.’ Never mind that he doesn’t even have a car.

Next, I check-in on Facebook, and am faced with countless posts from friends who are going to see Wicked or already have and are sharing its praises. Some I think are just trying to rub it in, or probably just claiming their right to U.S citizenship since they saw the show.

The information super-highway was not providing the needed escape so I decided to venture out of the house. Hmmmmm, where could I go where chances are nobody has seen Wicked?

I sought safety in a local fast-food restaurant, it was during the slow time of the day so there were no other customers. It was all perfect until rather than asking, ‘Do you want fries with that?’ the clerk said, ‘Have you seen Wicked?’ I left with the hole in my heart bigger than the one in my stomach.

Left with no other options I relied upon my absolute last resort, where I knew for certain I would be able to find a race of people like myself who had not seen Wicked. I went to the nursing home. God bless their souls, but the residents are confined to wheelchairs, unable to feed themselves or even remember their names. They had never even heard of Wicked not to mention that it was in town.

In the lobby area, sat a man, a blank stare on his face and mouth hung open. In his lap he held an old baby doll. I watched for a few moments as members of the staff and other residents passed by. His expression never changed, he was in his own world.

“Hello,” I said, standing before him, “How are you?”

Some drool was the only thing that came from his mouth.

“My name is Mike. How are you doing today?” I said, in a slightly louder voice.

A brightness then filled his eyes and his lips began to move. “I’m going to see Wicked.”

Congressman John Boehner, representative of the 8^th Congressional District in Ohio and Majority Leader of the United States House of Representatives, is scheduled to speak at the Miami County Republican Party Convention, which will be held March 21, 2010 at 2:00 p.m.  A lunch will be served from 12:00 P.M. until 1:45 p.m.  The Convention, which is modeled after the Republican National Convention, will be held at West Milton High School, which is located at 221 South Jefferson Street in West Milton, Ohio.  Over five hundred delegates, consisting of Miami County Republican electors, will listen to candidates for local, state and national office and will then vote to determine which candidate will receive the Miami County Republican Party’s endorsement.  The Convention is the only open party endorsement in the State of Ohio and receives extensive local, state and national exposure.  Virtually all candidates in contested statewide Republican primary elections are expected to attend.  Any Miami County Republican interested in being a delegate should contact Ryan King at 937-418-4450.

If you read the previous posting from this reporter you got a story about 2 land use cases that were pending before the Tipp City Council at their meeting of March 1, 2010.  You read of two businesses in Tipp who are simply trying to survive in these tough economic times.  You read about the City requiring a business to put in a paved parking lot where his business is, which is literally out in the middle of nowhere and with no retail customers.  You also read about the Holiday Inn by the interstate wanting to put up its sign near the highway, and how the City told them it was too big, and forbade them to install it.

If you went to the City Council meeting on March 1, 2010, or saw it re-broadcast on KIT-TV  you watched as the City Council voted down both requests, leaving one business burdened with the considerable cost of installing a paved parking lot over his gravel area, and a local hotel with no means of telling travelers that they are even here.  Businesses and citizens alike left the meeting asking the same set of questions. “Is this what we really want?” “Is this really what’s best for the City?” and of course the time-honored classic, often heard after City Council meetings:   “What is their problem?”

At the March 1^st City Council meeting City Law Director Joseph Moore spoke out about how the city was not authorized to grant any kind of variance whatsoever for the Holiday Inn sign.  The hotel requested a 200 square foot sign, while the city was willing to allow 182 feet, but it had to go on the existing structure that housed the sign for the previous inn there.  The existing structure is old, and rusty, and not consistent with the Holiday Inn re-branding, which is going on nation-wide.  The old sign structure has been called a “monstrosity” by Holiday Inn, and they want to start new.  Attorney Moore, in rather forceful terms (if not pushy) insisted that the City has a sign code, and it says that a size variance can not be granted, period.   No if’s and’s or but’s.   This, of course, is the very sign code that was struck down as unconstitutional by the Second District Court of Appeals this past Friday.   But if the Court of Appeals struck down the sign code as unconstitutional, why couldn’t the City council act on Monday to allow the Holiday Inn sign, at least temporarily?  Councilman Gibson tried to do this, and noted his feeling that the City Council did indeed have the authority to grant the relief that the Holiday Inn requested.  Instead in a 5 to 2 vote, Council voted instead to deny the sign.  Gibson and fellow Councilperson Katelyn Black were the 2 dissenters.  The council members and Mr. Moore were strangely silent on the fact that the sign code that they had defended so vigorously, was struck down by the Court. No mention of this was made at the City Council Meeting at all.

The Gardens Alive! case was treated with similar ruthlessness by the City.  Planning Board Members actually appeared and made a presentation about how overturning their decision would tear at the very fabric of the city’s zoning laws.  Despite the fact that City Council was fully authorized by the Law Director to grant a variance of this type, members Berbaugh and Springer made impassioned pleas to affirm their decision.  Afterwards questions were raised as to whether it was even appropriate to allow Planning Board Members to speak at the Public Hearing on the appeal of one of their Planning Board Decisions.  While the Gardens Alive! appeal does not involve the sign code, it demonstrates the City’s reach on every business in town, even those who do not have customers, retail sales, or members of the public coming in.  Some say the City goes too far.  Others say its not enough.   Still others say that while the land use laws are tough, they have kept Tipp City a clean, quiet, and nice place to live.  In any event, as to the Gardens Alive! request, the Council’s position was clear:  put in the paved parking lot.  At the conclusion of the proceedings, Councilman Lovett stated “I paid $16,000 to pave my parking lot, and you people gross a heck of a lot more than I do”.  With that, the appeal was denied.

These two cases raise questions all over the place about what the land use ordinances should really be about, and whether they are actually anti-business.  Critics have said that Tipp City is getting a reputation of being anti-business, not only in staff dealings, but the actual ordinances themselves.  The sign code is almost always the first example cited.  These cases raise the bigger question of whether Tipp City itself is anti-business.   Nearly every council member gushed on about how they appreciate the business that Gardens Alive has given Tipp over the years (100 years, to be exact), how they want to work with existing businesses, and even encourage new business to come to Tipp.  Yet no alternative for either problem was offered by Council.  Gibson’s attempt to discuss whether the City had the authority do something for Holiday Inn was met with a stern rebuke.   Critics have said if Council was serious about this, then something would have been done on Monday night.

Every city council has its factions and voting blocs who might be pro-business, or anti-business.  They could be in favor of plenty of residential development, or against it.  As with any government, the ordinances that are enacted at the time each group is in power are a reflection of that.   In spite of his parking lot comments, Councilman George Lovett actually put one thing quite well when he noted that back when the sign code was put in place there was a completely different make-up on the City Council, and a different economic climate as well.   The harsh reality is that Tipp can talk all it wants about pool passes, new traffic lights, electric meters, and Canal Jumpers Baseball.  This is all great.  But an aggressive program to bring business into Tipp City must be a top priority.  Like it or not, these businesses bring jobs to Tipp, and they bring visitors to Tipp.   That aggressive program should include a very public message here and there about the City’s willingness to work with businesses, and this is done by allowing a Holiday Inn to put up a sign, or giving the Gardens Alive people a break.  Will this cause a flood of litigation?   Or perhaps will it cause a flood of businesses to come to Tipp City?

Now with new faces on Council, and the economy the way it is, perhaps the perspectives are different, and the priorities are different such that the sign code might warrant revisiting.  But in the mean-time what does Holiday Inn do?  What does Gardens Alive do?  What will anyone who is thinking of setting up a business in Tipp City do?  Looks like Vandalia and Troy will find out.