Is This What the Arrival of a New Voice and Presence Sounds Like?

Rating: R

Grade: B+

By T.T. Stern-Enzi

I have a question for Greta Gerwig, the odd naturalistic beauty who has bounded out of the Mumblecore underworld into the bright and glaring lights of mainstream attention.

Hey, Greta – and I want to go on the record here as a critic who is certainly smitten by your off-kilter charms, your wide innocent eyes and your gangly comic physicality that’s both sweet and sexy, I get you, I do – but I have to wonder if you’ve begun having a few sleepless nights because there’s this other tall alluring blond out there; her name is Brit Marling, and I’ll be damned if she’s not sneaking up on you. I know she’s starting to creep into my dreams and I’m getting worried.

Marling is carving out a different path for herself, so on that note, you have little to fear. You’re mining the comic and the romantic, actually doing Lucille Ball one better and you’re so much softer than Tea Leoni, another of the latter-day would-be Ball-ers. But this Marling, well, she’s all about the drama, although she’s far from a diva. Her brand and flair for the dramatic is more inner-directed. Look into her eyes and there’s a multiverse of experience and wonder, stories waiting to be told.

Her new film, Sound of My Voice plays with one of the greatest and most inherently illogical brainteasers of them all – time travel. But like the best speculative works, and for my money, I go with Octavia Butler’s 1979 novel Kindred, which sends a black woman back to the birth of the nation to reconcile her own twisted personal history with the question of race, Sound of My Voice cares little about the mechanics of the movement.

Marling, who co-wrote the script with director Zal Batmanglij (the two are teaming up again on The East), simply explains that Maggie (Marling) woke up, face down and naked, in a bathtub of water and began wandering the streets until Klaus (Richard Wharton), a mysterious figure rescued her. Soon a cult developed around her, one that Peter (Christopher Denham) and Lorna (Nicole Vicius), a pair of enterprising aspiring journalists seek to expose.

The film kicks off with Peter and Lorna as they are brought into the fold during a secretive initiation rite that includes blindfolded journeys and funny handshakes. It sounds silly, but Voice has a cautious and quiet tone that has the ability to make believers out of skeptics. And that tone starts, and ends, with Marling. She draws the aspirants in, using the full force of her charm on Peter. He is our stand-in and we, no doubt, look at her the same way he does. We want to poke holes in the spell she’s weaving, but we just can’t stop looking at her, maybe because she nakedly unleashes her gaze on us. Rarely does a performer onscreen look into the camera and straight through to the audience, but Marling does and the effect is spine tingling.

The story falters a bit when she asks Peter to bring a young girl to her. We are meant to question what she wants with the girl and assume the worst. Before long other characters and a more conventional plotline intrude.

But for a time, Marling has us wrapped around her finger, both through the scripted narrative and her presence, and that is what caused me to wonder, Greta, if you’re not a wee bit afraid of her. She’s a dangerous threat because she didn’t just emerge from a movement; she’s also part of the brain trust pulling the strings.

I hear her Voice, and I don’t know about you, but I believe she might be The One.

A Case of a Liquor License Lost

By AJ Wagner

A few weeks back the Dayton City Paper had a debate about liquor licenses and the City of Dayton’s request to the Ohio Liquor Control Commission not to renew the licenses of five different bars.  This week, Ohio’s Tenth District Court of Appeals in Columbus weighed in on the subject with the kind of authority that could doom the five bars in question.

Jeffrey Allen Douglas operated a bar and grill known as Jeff’s Place in Columbus. The real estate at that location is owned by Edward M. Douglas (“Mr. Douglas”), the father of appellant.

The Columbus City Council passed a resolution objecting to the 2010-2011 renewal of the liquor permit at Jeff’s Place. The objection was based upon legal grounds set forth in R.C. 4303.292.

A hearing was held at which the following witnesses testified: Detective Allen Brown and Officer Robert C. Vass, both employees of the Columbus Police; and Edward Douglas.

Detective Brown said there were 130 dispatched runs to Jeff’s Place, which he classified as “an extremely high number” as well as a “burden on the police resources.” The reasons for the runs spanned various categories, including traffic accidents, traffic violations, domestic violence disturbances, suspicious persons, stolen vehicles, shots fired, calls to report persons with guns, shootings, narcotics activity and robberies. In addition, Detective Brown testified he participated in a nuisance abatement group with the Columbus Department of Health, which inspected premises for violations and documented health and safety violations.

Officer Vass testified that Jeff’s Place has always had its problems, but in the past two-to-two and one-half years, the establishment has become a cause for concern for the officers working in that precinct, as well as the citizens in the area. Officer Vass further acknowledged that of all the bars in precinct five, Jeff’s Place was the most problematic. Officer Vass also testified to the presence of gang members at Jeff’s Place.

Mr. Douglas testified that crime in precinct five and in the neighborhood around Jeff’s Place has increased in the last two or three years. Mr. Douglas testified all of the patrons at the club have guns in their pockets and he did not know what to do about it besides call the police. He testified that he would remove patrons from the bar he suspected were gang members, but sometimes those patrons would jump the fence and re-enter the bar. Mr. Douglas acknowledged he did not try to increase the presence of security by either adding special duty police officers or additional security in the parking lot or inside the establishment.

After a hearing, the license renewal was denied for the following reasons: (1) the place for which the permit is sought is so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace or good order would result from the issuance and operation of the permit; (2) the applicant has shown a disregard for the laws, regulations or local ordinances of the state and will operate the permit business in a manner which demonstrates a disregard for said laws, regulations or ordinances; (3) the permit location does not conform to applicable building, safety or health requirements; and (4) for good cause.

At the Court of Appeals, Edwards made several arguments to support his position for renewal of the license. First, he disputed the conclusion that the renewal of the permit license would substantially interfere with the public decency, sobriety, peace or good order of the neighborhood, arguing the neighborhood is not residential, the operation of the establishment has very little impact on an already crime-ridden area and there is no nexus between the environmental conditions and appellant’s operation of the business.

The Court said, “A permit holder is entitled to a renewal, pursuant to R.C. 4303.271, unless good cause exists to reject the renewal application. Pursuant to R.C. 4303.292(A)(2)(c), the division of liquor control may refuse to issue, transfer, or renew a retail permit if it finds ‘[t]hat the place for which the permit is sought * * * [i]s so located with respect to the neighborhood that substantial interference with public decency, sobriety, peace or good order would result from the issuance, renewal, transfer of location or transfer of ownership of the permit and operation under it by the applicant.’ . . . A renewal application is properly rejected under R.C. 4303.292(A)(2)(c), even if the permit holder’s operation does not per see cause the illicit activity, because there can be good cause to reject the permit application where it constitutes a breeding ground for a deleterious environment. ”

The Court also found that, although in an industrial area, the bar was within 500 feet of a house and other nearby residences.  Further, the Court noted the violations of health codes.

Last call.

(Taken from Douglas v. Ohio Liquor Control Comm., 2012-Ohio-2218.)

Disclaimer: The content herein is for entertainment and information only. Do not use this as a legal consultation. Every situation has different nuances that can affect the outcome and laws change without notice. If you’re in a situation that calls for legal advice, get a lawyer. You represent yourself at your own risk. The author, the Dayton City Paper and its affiliates shall have no liability stemming from your use of the information contained herein.

A.J. Wagner is an attorney with the law firm of Flanagan, Lieberman, Hoffman and Swaim at 15 W. Fourth Street in Dayton. A.J. and his firm would be glad to help you with all of your legal needs. You can reach A.J. at (937) 223-5200 or at AJWagner@DaytonCityPaper.com.

On The Job, With a Conviction

By AJ Wagner

One of the issues facing many of those looking for employment is a criminal record. A conviction for committing a crime can often have far reaching and long lasting consequences for employment and advancement within a company.

Two weeks ago Leaders for Equality and Action in Dayton (LEAD) asked the City of Dayton and Montgomery County to establish laws for equal hiring that help those with a past they likely regret. LEAD has provided the City and County with guidance on how they would like to see the legislative bodies proceed, but guidance may also be available from the Federal government.

Last month the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance that clarified the agency’s position on employment qualification for those with a criminal past. The advisory reminds employers that by denying employment, solely on the basis of a checked box next to the statement, “Have you ever been arrested for or convicted of a crime?” may have discriminatory consequences and therefore be in violation of the Civil Rights Act of 1964.

The EEOC Guidance is built on longstanding court decisions and other existing guidance documents that have been issued over the past twenty years, so there is really nothing new here. But by reaffirming the decisions and their positions in one document, the EEOC is making clear that the practice of making employment decisions based solely on an arrest or conviction is not acceptable practice.

The EEOC frames the problem within the context of America’s exploding prison population over the past twenty years. 1 in 17 whites born in the United States in this century will have a felony record. For Hispanics that number will be 1 in 6 and for African-Americans the number will be 1 in 3. Thus, using criminal convictions, without further analysis, as a screening tool will have a discriminatory effect.

But even further analysis can be problematic. Some states allow significant records to prospective employers including the names of those who have been placed on “Watch” lists. These lists are made up of people who may have done nothing wrong but have been seen with a known felon or other suspect in crime.

In a study conducted by the Department of Justice Bureau of Justice Statistics it was discovered that half of all FBI records do not list the outcomes of an arrest. This may lead an employer to assume a conviction where none exists. Misspellings, clerical errors and other inaccuracies also make a records review, in and of itself, unreliable. Since 92% of employers use background checks for all or some prospective employees, this is an important issue.

The EEOC Guidance notes that an arrest does not establish that criminal conduct has occurred and cautions that an exclusion based on an arrest, in itself, is not job related. A conviction record will usually serve as sufficient evidence that a person engaged in a particular conduct. However, there may be reasons for an employer not to rely on the conviction record alone when making an employment decision.

The Guidance affirms that employers must look at how the use of arrest and conviction information may cause disparate treatment and disparate impact between people of different races or ethnic origin. Specifically, the EEOC will look at any hiring decision for inconsistent use of information, biased testing and other statistical evidence that results in the exclusion or different treatment of members of a specific race or ethnicity.

The Guidance states, “An employer’s neutral policy (e.g., excluding applicants from employment based on certain criminal conduct) may disproportionately impact some individuals protected under Title VII, and may violate the law if not job related and consistent with business necessity (disparate impact liability).” “Further”, the EEOC notes, “National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin. The national data provides a basis for the Commission to investigate Title VII disparate impact charges challenging criminal record exclusions.”

The EEOC acknowledges that a criminal record may be used if “job related and consistent with business necessity” and tells employers that they should validate the criminal conduct exclusion for the position in question in light of data or analysis about criminal conduct as related to subsequent work performance or behaviors. Consistent with a federal court’s decision in Green v. Missouri Pacific Railroad, the Guidance suggests employers develop a targeted screen considering at least the nature of the crime, the time elapsed and the nature of the job. The Guidance states, “The employer’s policy then provides an opportunity for an individualized assessment for those people identified by the screen, to determine if the policy as applied is job related and consistent with business necessity.”

The road for ex-felons will still be tough, but perhaps this Guidance will help those whose past is long gone and, hopefully, forgotten.

Disclaimer: The content herein is for entertainment and information only. Do not use this as a legal consultation. Every situation has different nuances that can affect the outcome and laws change without notice. If you’re in a situation that calls for legal advice, get a lawyer. You represent yourself at your own risk. The author, the Dayton City Paper and its affiliates shall have no liability stemming from your use of the information contained herein.

A.J. Wagner is an attorney with the law firm of Flanagan, Lieberman, Hoffman and Swaim at 15 W. Fourth Street in Dayton. A.J. and his firm would be glad to help you with all of your legal needs. You can reach A.J. at (937) 223-5200 or at AJWagner@DaytonCityPaper.com.

By Marianne Stanley

The irony of this whole thing is that Jennifer Tyrrell’s removal from the Boy Scouts of America (BSA) is based on utter disrespect and exclusion, contrary to the founding principles of the BSA, as enunciated in 1908 by its founder, British general Robert Baden-Powell.  Two years later, Chicago publisher W. D. Boyce brought scouting to America to teach boys patriotism, courage and self-reliance.

This whole controversy revolves around two issues:  1) homosexuality and 2)  private vs. public.

Homosexuality:

Those who say homosexuality is the issue point to the part of the Scout Oath that requires a scout to be “morally straight” and to the Scout Law that requires a scout to be “clean.”  Written in the early part of the 1900s, “straight” did not connote heterosexual as it does today and “clean” only referred to bodily cleanliness that would complement the other required scout traits of being “trustworthy, loyal, helpful, friendly, courteous, kind, obedient, thrifty, brave and reverent.”

The irony of all this is that the Boy Scouts are supposed to be about developing character and citizenship, and yet they show a lack of both by sacking a woman who happens to be homosexual (statistics say one in ten of us are) rather than heterosexual, and who had the honesty and integrity to tell them this up front.   On the other hand, while she presented such integrity to the Boy Scouts, the Boy Scouts demonstrated a lack of character in the form of smallness of mind, bigotry and intolerance, and a willingness to hurt another.

What we call morality has taken an ugly U-turn in our land.   True morality embodies ethics that insist that we respect each person, accord them their human dignity and harm no one intentionally.  We see this anti-moral morality in today’s hate-mongering and targeting of Muslims, gays and women through the rapid spread of dehumanizing policies and laws. This intolerance and attempt to create fear is nothing but a clever plan to get us all working against, rather than with, each other to fight the real enemy — those who are reaping obscene profits on the backs of the common man, here and around the world.

We are told that homosexuals “threaten” family values.  How?  And we hear homosexuality equated with pedophilia, though proportionally more heterosexuals are pedophiles and a danger to our children.

We have often heard that reason and emotion don’t mix.   Not true.  Only negative emotions like fear and hatred don’t mix with reason. Positive emotions like empathy and appreciation give reason the oxygen it needs to breathe.  Fear shuts down our capacity for critical thinking and yet, without that capacity to question what we have been taught to believe or what we are being told, we are easy prey to those seeking to control us.

Private vs. Public:

As far as the Boy Scouts being a private rather than a public entity … Says who?  Since when?  If they are private, why then did they receive a Congressional Charter in 1916 and why are they given taxpayer support and privileged access to federal lands … and why has every President since Howard Taft, in the year of the BSA’s founding, served as its “Honorary President”?   How can an organization that has made a point of declaring itself open to all young men for more than a hundred years now try to present itself as a private organization, entitled to discriminate at-will, even if that violates its original intent and written code?   The Supreme Court decision is nothing more than the kind of judicial activism the Right likes to rail against, except in cases like this, when our current far-right Court finds in their favor.

It seems that we have come to a place in our lives where we either belly up to the bar and scrutinize how we arrive at the conclusions we do when it comes to social, religious and political issues or we go blindly forward believing what we have been told even though it will result in great misery in our country and great wrongs committed against each other in the name of a God …  who must, by now, be disgusted with us all.

Marianne Stanley is an attorney, college professor and former journalist who believes many of our nation’s ills could be cured if our children were taught critical thinking skills beginning at the elementary level and continuing through middle and high school. She can be reached at MarianneStanley@DaytonCityPaper.com.

The Boy Scouts of America (BSA) is one of the largest private youth organizations in the United States. The organization’s fundamental policies are very conservative and would not be considered by most to be politically correct.  The BSA has policies that not only prohibit atheists and agnostics from membership in its Scouting program, but also prohibit “avowed” homosexual people from leadership roles in its Scouting program, because they claim it directly violates their fundamental principles and tenets.  BSA has argued that as a private organization it has the right to follow these tenets.  This has led to numerous court challenges.

The organization’s legal right to have these policies has been upheld repeatedly by both state and federal courts. The legal challenge to the BSA was as to whether or not an organization could set membership standards that outwardly discriminate against a class of people that courts have protected in other situations. In Boy Scouts of America v. Dale, the Supreme Court of the United States affirmed that, as a private organization, the BSA can set its own membership standards. The BSA’s policies have not been found to constitute illegal discrimination and ultimately the court found that, as a private organization in the United States, the BSA has the right to freedom of association.

Recently in Bridgeport, Ohio, the policy regarding sexual orientation has been the center of a controversy involving a den mother, who was the mother of one of the scouts and also a lesbian. Jennifer Tyrrell was removed from her position as den mother of Ohio Pack 109 Tiger Scouts when the BSA was informed that she was a lesbian. The parents of the other boys in the troop have rallied to Tyrrell’s defense, as most of them were aware of her sexual orientation and were comfortable with her position as the adult supervisor of their children. Last week many of the parents held a protest rally outside of the church where the scout troop holds its weekly meetings, demanding that she be reinstated.

The situation has reignited the issue about the BSA anti-gay policy. In addition to the parents of Ohio Pack 109, gay rights groups have taken up the cause, starting an online petition urging the Boy Scouts of America to change their policy.

Forum Question of the Week:

Should the Boy Scouts of America be required to change their policy on sexual orientation in order to allow parents like Jennifer Tyrrell the opportunity to participate with their children in scouting on an equal basis with the parents of other children?

How and Where to Spend Your Urban Nights

By Maha Kashani

Would you believe me if I told you that Dayton is one of the trendiest, most cultured and affordable places to live? If your answer is no, then chances are you have yet to experience Urban Nights.

Most of us have heard the expression “there is nothing to do in Dayton.” It is very likely you also heard that someone from Forbes, who I presume never stepped foot inside the Miami Valley, decided to tell the world that our town was dying and everyone is miserable. If you agree with that expression or believe Forbes, then I invite you to come to downtown Dayton on Friday, May 11th for our city to prove you wrong.

What is Urban Nights? 

Simply put, a free family-friendly, citywide block party spanning all of downtown, the Oregon Arts District and Wright-Dunbar Village, showcasing our urban core as the premier place to live, work and play. Twice a year in the spring and fall, the Downtown Dayton Partnership plays host to more than 30,000 people who will take to the vibrant streets of Dayton in this highly anticipated celebration.

What is there to do?

That’s a loaded question! To give you a snapshot, you can:

Enjoy eclectic and local art by visiting one of the 16 galleries hosting an open house, such as the Color of Energy, K12 Gallery for Young People, the Dayton Visual Arts Center and Garden Station Art Park.

Explore creative spaces around the city such as the The Old Courthouse, Wright Brothers Bicycle Shop, Urban Krag Climbing Center or Drake’s Downtown Gym, an old-school boxing gym.

Experience live performances and special events at six different venues around the city such as the Main Stage at Courthouse Square, Live on Five in the Oregon District, Wright-Dunbar Entertainment in the Wright Dunbar Business Village and, of course, our extraordinary MetroParks Pavilion.

Interact by participating in different fun and collaborative activities such as the Green Street Project, which I will explain a little later, karaoke on the Community Stage at Second and Jefferson, or if you are brave enough you can Challenge a Chess Pro at the Dayton Chess Club.

Imagine yourself living a stylish urban lifestyle by touring some of downtown’s lofts and condos. I highly recommend checking out The Cannery Lofts, which will feature a two bedroom with exposed brick for visitors to catch a glimpse of downtown living at its finest.

Shop at one-of-a-kind locally owned retail stores and pick up some cool swag like authentic British tea and trinkets at Basically British, trendy custom designed shirts at Basho Apparel, environmentally friendly fair trade items at Peace on 5th and gift items all made in America at the new American π (Pi).

Hungry yet? 

Discover exceptional dining options that will excite your palate at one of more than twenty restaurants offering special discounts including $5 appetizers at Coco’s Bistro, half-price gourmet pizza at Oregon Express, twenty percent off food at Dublin Pub and happy hour pricing all night long at De’Lish. Or, enjoy a bird’s eye view of all the action while nibbling on free hor d’oeuvres (for bar guests) at the Crowne Plaza’s rooftop restaurant and lounge.

Ready for a beverage?

In addition to great dining specials, downtown’s coffee shops and watering holes are offering specials paired with unique experiences. Press, arguably the coolest coffee shop ever, will host a special brewing exhibition, Century Bar is featuring an exhibition of sculptures you can view while sipping on one of over 60 bourbon options and Deaf Monty’s Wine at Inn Port D’Vino is offering $2 wine tastings.

Not satisfied?

Also, if cycling your thing, then join hundreds of fellow enthusiasts for Urban Bikes @ Urban Nights, a tour around downtown allowing you the luxury to preview all of the festivities from the seat of your bike!

As if all of these options aren’t enough to keep you entertained, this spring’s Urban Nights will also feature the Green Street Project. Main Street will shut down between Second and Third Streets for a series of activities designed to celebrate all things “green” and promote creating a sustainable environment. The special Green Street Project will feature: educational booths and fun activities, such as trashcan basketball, to promote “going green” hosted by the Dayton Regional Green 3 Initiative (DRG3), a large community art mural-making project led by the Dayton Art Institute, using recyclable materials for attendees to make their mark, Segway rides courtesy of Dayton Segway Tours, Zoot Theatre Company demonstrations and an opportunity to create masks from recycled materials, photos in the open-air Liftoff Entertainment Photo Booth, eco-friendly vehicles on display, Broadway musical Wicked-inspired activities and much, much more.  The list could go on forever.

Yes, I was serious when I said this is only a snapshot. I haven’t even scratched the surface. But don’t worry, that’s why this is a bi-annual event!

So if you really think there is nothing to do in Dayton, then make sure you are downtown on Friday May 11th from 5p.m. – 10p.m. to experience firsthand all the exceptional things that make Dayton a remarkable community.

(With over 100 unique opportunities to enjoy, explore, experience, interact, imagine, shop and discover downtown Dayton, it is easy to get overwhelmed. I recommend visiting www.DowntownDayton.org and downloading the event and program map to plan out your fun-filled evening.)

Reach DCP freelance writer Maha Kashani at MissMaha@daytoncitypaper.com

The Circus Collective Presents: The Sideshow

By Kyle Metlon

For those of you heading out to Urban Nights this coming weekend, you’re certain to encounter a variety of experiences throughout downtown Dayton and beyond. Out on the fringes of downtown at Fourth and Walnut, however, you’ll come across an independently produced event showcasing an eclectic mix of visual art, performance art and a variety of local musical talent gathered together over two nights — Friday, May 11 and Saturday, May 12 at the old Yellow Cab Building.

Dating back to 2006, The Sideshow emerged as the brainchild of performance artist Laurana Wong, who described her vision of The Sideshow at the time as “expos[ing] the burgeoning underground art scene and interconnect[ing] it with the more established art community. We will bring attention to Downtown Dayton through a grand-scaled and highly public display of the art that is so ripe in this town.” Out of this initial event, a group of like-minded individuals banded together to form The Dayton Circus Collective, which has continued to collaborate and produce The Sideshow each year. Now in its 7th incarnation, The Sideshow continues to present some of the most interesting artists from Dayton working in various media for a night celebrating community and creation.

For this year’s event, Jeff Opt stepped up to help coordinate the musical portion of the program, along with Kate Ervin, who is handling the visual arts for the night. With over 20 performers lined up over the course of the two nights, Opt carefully curated a cross-section of what is happening in Dayton, which will cater to a range of musical palates.

“I am trying to showcase the variety and quality of music available locally, and highlight people that I think are very creative,” explains Opt. “The two nights each have a different vibe. Friday tends to be a little more mainstream since a good majority of the audience comes from Urban Nights — so there is a wider crowd I try to appeal to. Saturday, on the other hand, tends to be more experimental — the audience that comes on Saturday night tends to know what The Sideshow is and is open to try new sounds.”

With returning groups including C. Wright’s Parlour Tricks, The Fair Shakes, Dan Raridan & The Calientes, The White Soots and Oxymoronatron alongside first time participants Jasper The Colossal, Tim Pritchard, The Boxcar Suite (making their debut performance) and Father’s Day, The Sideshow offers attendees an interesting slice of what Dayton music has to offer.

“I try and mix things up between bands that have played The Sideshow before, and new bands,” says Opt. “As far as capturing the range of music available in the area — I always want more. I personally would love to have bluegrass, jazz and funk, but those genres really haven’t come up in our application process. This randomness is what makes the Sideshow fun to put on — you never know quite what you will get from year to year. So rather than try and represent all of the Dayton music scene, I try and focus on quality.”

One of the biggest changes from previous years will be an outdoor covered tent where bands will perform throughout the two days, separating the visual and musical experience. However, Opt seems optimistic that newcomers and returning visitors alike will find something engaging in this year’s installment of The Sideshow.

“I like to say, ‘you never know quite what you will see, but it will be a good time,’” concludes Opt. “There will be art that you will love and other art that won’t make sense. There will be music that gets you moving, and other music that might do nothing for you. The beauty of the Sideshow is that there is something for everyone — if you don’t like the band, go look at art — in 40 minutes or so there will be a completely different band that you might think is amazing. Don’t like a style of art, walk a few feet in either direction and you will see something totally new. Get into conversations, make new friends, experience new things … these are all things we strive for as part of the Sideshow experience. And expect the unexpected — no one saw the glitter fight coming last year but people involved still talk about it!”

(The Circus Collective Presents The Sideshow Friday, May 11 and Saturday, May 12 at The Old Yellow Cab Building, 700 E. 4th Street. Admission is free for all ages, donations accepted. Doors open at 5p.m. each day. For more information, visit facebook.com/DaytonSideshow.)

Reach DCP Music Editor Kyle Melton at MusicEditor@DaytonCityPaper.com and read his blog at thebuddhaden/net.

The Dayton City Commission recently voted to formally object to the renewal of six liquor permits of bars and carry-outs located in Dayton. Taking advantage of the yearly renewal process, the city government will attempt to have the liquor license removed from these establishments. For each of the six, the Dayton Police has given a negative report to the city about the activities associated with these locations. The city takes the action to protect Dayton residents from possibly coming to harm at these bars and to protect the right of those living near the bars to the quiet enjoyment of their neighborhoods.

The objection, if successful, will mean these four bars and two carry-outs will in all likelihood be forced to close their doors. This will affect not only the owner and the capital that has been invested in the establishment, but the employees as well, who face the loss of their jobs in this very uncertain job market. For the owners, the action by the city has the affect of taking away their businesses.

There is due process available for an owner who feels the action taken by the city is unwarranted, as the formal objection by the city is just a first step. If a hearing is requested, a hearing officer from the Department of Liquor Control conducts a hearing where evidence from all parties is presented. A decision is mailed to the parties and that decision can be appealed to the three-person Commission on Liquor Control. The Commissions decision can be appealed to the Franklin County Common Pleas Court which hears all appeals for the entire state on appeal from a Commission decision.

Despite the fact that an owner has a lot at stake financially, the issuance of liquor permits is considered a privilege, and not a right in the State of Ohio. There are numerous court cases which decide the issue. The court has pointed out that although legal by Ohio law, the sale of liquor has in it such dangers that it is entirely subject to the police power of the state. With that power, comes the power to revoke a license previously granted.  “A license or a right to such a license, to engage in the liquor business is not an inherent right of a citizen, a contract or a property right. State, ex rel. Zugravu, v. O’Brien, 130 Ohio St., 23, 196 N. E., 664.  It is well settled in under Ohio law that there is no right to a liquor permit.

In the instance of Hammerjax’s, the police presented a report that showed they were called to the establishment 62 times in the period from January 2011 to January 2012. There were 17 crime reports taken.  There were a number of assaults, some aggravated assaults, disorderly conduct and other misdemeanors reported. The report doesn’t include a very recent shooting at Hammerjax’s where a bartender was shot in the back when re-entering the bar at closing time. There is a history of violent behavior coming from Hammerjax’s which the owners have been unable to curtail. On occasion, the disturbances from Hammerjax’s have grown so large that the police from the Central District, which is essentially downtown, have needed to call on squads from other police districts.  Clearly, Hammerjax’s has been a problem child for the police.

In addition the Dayton Police Department, there were a number of groups objecting to the renewal of the Hammerjax’s liquor permit. These included the Sinclair College Police Department, the Downtown Priority Board, the Downtown Dayton Partnership and a number of residents who live in downtown including residents from nearby St Clair Lofts.

A letter from the Chairman of the Greater Downtown Dayton Plan to the Dayton Commission outlined the great progress that downtown Dayton had made in recent years towards making the central city the premiere destination for arts and entertainment. The letter went on to say that reports in the media about troubled establishments like Hammerjax’s made non-Daytonians less likely to visit downtown Dayton out of fear for their safety, thus undermining the progress downtown Dayton was enjoying.

This will not be the first time a popular nightspot in Dayton got a red card. In the Oregon District there has long been a contentious relationship between the bars of 5th Street and the good citizens residing in renovated homes in the District. In 1982 there was even a vote to make the entire precinct dry. That caused some sleepless nights for the business owners on 5th Street. The vote was unsuccessful and the Oregon Business District continues to sell alcohol today.

In the ‘80s there was not a more popular bar in Dayton than Jonathon’s in the Oregon District. On Saturday nights, there was an hour long wait to get in. However, by the early ‘90s the residents of the Oregon District had enough of the rowdy behavior coming from the bar.  Tired of noisy patrons from the bar wandering drunk through the residential section of the Oregon District at all hours, taking up their parking spots and urinating on their rose bushes, the residents of the district filed a ballot initiate to vote 11 Brown Street (Jonathon’s address) “dry”. On a close vote of 112 to 105, Dayton precinct 1-B voted to revoke Jonathon’s liquor permit. The owners took a huge economic loss. But ten years later, out of the ashes of the old Jonathon’s, a new favorite Dayton spot has arisen … Thai 9.

The lesson here is for bar owners to keep a tight reign on their business and their patrons. A lax attitude towards misbehaving customers will soon have you learning the expensive lesson that your liquor license is a privilege and not a right.

David H. Landon is the former Chairman of the Montgomery County Republican Party Central Committee. He can be reached at DaveLandon@DaytonCityPaper.com.

By Mark Leudtke

It’s a simple law of economics: when government rations a good, it creates a shortage of that good. It doesn’t matter what the good is, the law still applies. The consequences of these shortages are always bad. When government rations alcohol permits, the consequences of the shortage are especially bad.

By rationing alcohol permits, the government funnels more drinkers into fewer places. Zoning laws aggravate this problem by forcing people further from their homes into bar zones like downtown or the Oregon district. The consequences of forcing a bunch of drunks into small areas far from home are pretty obvious: an increase in violence, especially late at night after everybody is lubed up, and an increase in drunk driving. And those are exactly the problems we have in Dayton.

The Dayton police have been playing whack-a-mole with downtown bars. Because the city rations liquor permits, drinkers conglomerate in just a few bars. Some of those bars have lots of trouble, and the police get called there an inordinate number of times. They’ve shut down the 88 Club, the A-List and others, but that doesn’t solve the problem of too few bars. It makes the problem worse. As a result, the problems inevitably move to other bars.

Hammerjax is next on the city’s target list. According to WDTN, “Police say Hammerjax had 62 calls for service and 17 crime reports last year. Just a few weeks ago, a bartender there was shot.” Shutting down Hammerjax will not solve the problem. It will just move the problem to another bar and make it worse.

Liquor permits are euphemistically named to hide their true nature. The name makes it seem like a benevolent government is allowing bar owners to sell liquor, but that’s backwards. In fact, our oppressive government is banning everybody else from exercising their natural right to sell liquor. This is an act of aggression by the government. It is a threat of violence backed by violence. It shouldn’t surprise anybody that this immoral aggression by government produces and causes violence in society.

If government officials really wanted to stop the violence in bars, they would end their own aggression. If people were allowed to exercise their natural right to sell liquor anywhere in the city, the shortage of bars would end. Drinkers would no longer mass in certain bars or in certain districts of the city. Many would walk to bars instead of driving. The violence and the drunk driving would be reduced to almost nothing. We would need far fewer cops, prosecutors, judges and jailers. We could dramatically reduce the giant socialist jobs program that is our misnamed justice system.

But politicians and government agents aren’t interested in public welfare. They want power. They want money without having to do the hard work of providing a quality product in the marketplace. Liquor licenses are a source of revenue for an entire bureaucracy. The crime created by government policy is used as an excuse to steal a tremendous amount of money from the people in the form of taxes, and it funds an entire industry of prisons.

So government agents blame others for the consequences of their coercive policies. The argument is always put forth that these establishments put an inordinate amount of work on Dayton police officers, or somehow threaten the rights of individuals in close vicinity to the establishments. God forbid we legalize selling alcohol for all and the Dayton police have to enter the marketplace and try to earn a living in a system of voluntary exchange.

Leave Hammerjax alone. Government coercion is the problem.

Mark Luedtke is an electrical engineer with a degree from the University of Cincinnati and currently works for a Dayton attorney. He can be reached at MarkLuedtke@DaytonCityPaper.com.

Midwest Painters Demonstrate Realism and Its Discontents

By Jud Yalkut

Taking its cue from Sigmund Freud’s treatise on psychology and civilization, the current exhibition by the Midwest Paint Group tackles the place of realism and figurative art in contemporary times. Curated by Glen Cebulash, Chair of Art and Art History at Wright State University, Realism and Its Discontents confronts artists’ commitment to what they term “Post Abstract Figuration” and its new configuration in the face of most contemporary gallery art tendencies. The exhibition runs at the Robert and Elaine Stein Galleries at Wright State University through May 6.

Guest artist Gabriel Laderman (December 26, 1929 – March 11, 2011), who agreed to participate as guest artist in this show before his death, was a New York-based painter who had studied with such primal abstractionist figures as Ad Reinhardt and Mark Rothko. Eschewing his earlier tendencies in that direction, by the 1980s his work was figurative and even narrative, sometimes even based on the Inspector Maigret detective novels by Belgian author Georges Simenon.

Laderman was a friend and mentor of the Midwest Paint Group starting in 2004, and he wrote an essay for their 2005 exhibition in which he stated: “It requires your attention because it is unlike most figurative work seen in galleries today. You need to concentrate on the experience of each painting and get into its world of forming and emotion.”

Laderman’s three works in Realism demonstrate his observational mastery in oils with his immaculate studio study “Still Life as Order and Chaos,” his stoic and dramatically silent “Two Dancers Resting,” and the translucent “The Card Player” with her distant stare (all from 1983-84). He believed that “working without history is a kind of visual starvation” and that the Midwest Paint Group “included a sense of the abstract construction of the forms and colors and their rhythm in light and space.”

Curator Glen Cebulash, whose own work has beautifully deconstructed the figurative into interacting planes and color forms in both painting and collage, opines that realism “is a fascinating and slippery concept and one that confounds as much as it clarifies.”

The overlapping of realism and abstraction is nowhere as pungent as in the work of Galesburg, Illinois artist Lynette Lombard, whose oil “Ox-Bow Tree and Lagoon” (2010) poses a thick white gestural trunk against planes of blue and orange, and whose work “Waverock” (2009) takes the viewer from expressionist fervor towards the cogent essays as to how realism can effect abstract economy in such works as “Cliff and Sea, Spain” and “Chicago Railbridge” (both 2010). Deborah Chlebek from Yellow Springs, an Adjunct Instructor and graduate of Wright State University, has simplified her message with bold dark strokes in such pieces as “Ellis 96” and increased atmospherics in “Ellis 97” (both 2011).

Color and pattern dominate in the luscious still lifes of Chicago’s Megan Williamson, with boldly contrasting wrap-around foldings in “Paper Still Life” (2011) and overall curlicues with an evanescent glass object in “Still Life with Glass Bottle” (2010). Bob Brock from Kansas City, MO, approaches an abstract Corot-like feeling in his “Linda’s Lake” (2011) and then lets soaring linear structures capture “Trees at Unity Village” (2011), beautifully augmented by a suite of drawings in the gallery corridor.

It may be somewhat significant that most of these Midwest artists are teachers in various institutions, an indication that such support is vital to artists who don’t live in large urban centers. University art departments have progressed through changes of genre, from abstract expressionism to conceptual art, but the “realism” factor is one that constantly re-emerges. Approaching photo-realism are works from such artists as St. Louis’ Michael Neary, who injects bizarre elements like a skeleton in a basket and a Shiva behind lemons in his “Vanitas: Talk to the Hand” (2010), or the permutations through smaller studies to the large dominant canvas “Backyard Summer” (2010) by Jeremy Long from Ithaca, New York with its edges of magic realism reminiscent of Peter Blume.

Tina Engels of Chicago paints her soft-edged “Still Life with Shell” (2011) in a careful arrangement with dried flowers; Amy MacLennan from St. Louis paints broad gestures in “Lilac Study Gold” (2010) and makes her “Ethanol Plant, Peoria” dissolve into the landscape. Philip Hale from Wilmington, Ohio portrays a row of red vehicles on a hilly small-town corner in “Taxi Paradise 5” (2011). Timothy King from Chicago, working in pastels, converges trees around “Winding Road, Elgin, Illinois” and descending steps in the wind-blown “Loyola Lakeshore, Chicago” (both 2011). Ron Weaver, from both Arizona and Maine, captures the white cloud bank over suburban spaces seen through a large window in the oil and acrylic “The Light” (1990).

Apart from any dialectical exchanges about the validity of figurative reality in our contemporary times, there is a true joy in simply appreciating the direct approach of articulating paint on canvas to reveal form, color and inner space. As David Carbone of the University of Albany, New York wrote, relating to his friend Gabriel Laderman and his vision of the Midwest Paint Group: “He saw your efforts both as an act of courage against the marketplace and valor in the cause of authentic perceptual expressiveness.”

(The Robert and Elaine Stein Galleries are located in A132 Creative Arts Center of Wright State University on Colonel Glenn Highway in Dayton. Gallery hours are 10a.m. – 4p.m. Wednesday and Friday, 10a.m. – 7p.m. Thursday, and Noon – 4p.m. Saturday and Sunday. (937) 775-2973.)

Reach DCP visual art critic Jud Yalkut at JudYalkut@DaytonCityPaper.com.

[Image: Jeremy Long’s “Summer” (2011), oil]