The State of Ohio
The State Of Ohio Show November 26. 2021
Season 21 Episode 47 | 26m 45sVideo has Closed Captions
Lawsuit Over Congressional Map, COVID And The Holidays, GOP Support Of Fairness Law
Ohio gets a new Congressional map, and the map gets Ohio sued. COVID continues to cast a shadow over holiday festivities. And a conservative Republican talks about his support for an anti-discrimination bill that its progressive sponsors have worked for years to get passed.
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The State of Ohio is a local public television program presented by Ideastream
The State of Ohio
The State Of Ohio Show November 26. 2021
Season 21 Episode 47 | 26m 45sVideo has Closed Captions
Ohio gets a new Congressional map, and the map gets Ohio sued. COVID continues to cast a shadow over holiday festivities. And a conservative Republican talks about his support for an anti-discrimination bill that its progressive sponsors have worked for years to get passed.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorshipSupport for the statewide broadcast of the state of Ohio comes from medical mutual, providing more than 1.4 million Ohioans peace of mind with a selection of health insurance plans online at Med Mutual dot com slash Ohio by the law offices of Porter, Wright, Morris and Arthur LLP, now with eight locations across the country.
Porter Wright is a legal partner with a new perspective to the business community.
Moore and Porter Wright dot com and from the Ohio Education Association, representing 124,000 members who work to inspire their students to think creatively and experience the joy of learning online at OAG.
DAUG Ohio gets a new congressional map and the map gets Ohio soon.
COVID continues to cast a shadow over holiday festivities, and a conservative Republican talks about his support for an anti-discrimination bill that its progressive sponsors have worked for years to get passed.
All this weekend, the state of Ohio.
Welcome to the state of Ohio, I'm Karen Kasler.
The new congressional map passed by Republicans, the Ohio House and Senate last week was signed last weekend and it took only two days for the first lawsuit to be filed against it.
The map creates twelve districts that heavily favor or lean in favor of Republicans.
That's 80% of the districts in a state that voted for Donald Trump, with 53% of the vote.
The suit was filed by the National Redistricting Action Fund, an offshoot of the National Democratic Redistricting Committee affiliated with Eric Holder, attorney general under President Obama.
The group says the map unduly splits counties and municipalities for quote no discernible reason other than minimizing Democratic voting power.
For example, voters in overwhelmingly democratic Cincinnati are carved out of the rest of Hamilton County and placed with voters in more conservative Warren County, according to the lawsuit.
Republican leaders, including Governor Mike DeWine, who signed the map, said the map follows the Constitution.
We'll have more on the map coming up.
As discussed on this show last week, this is the second year where COVID is hanging over the holiday season.
The last two months of 2020 brought more than 30 100 deaths in Ohio and record hospitalizations people admitted to intensive care units and on ventilators.
And while case numbers ballooned with the Delta variant that dropped and are now climbing again, nearly 5200 people in Ohio have been reported to have died of COVID in just the last two months.
Ohio Department of Health Director Dr. Bruce Vander Hoff said this week there's no way to predict what the next few months will hold.
And we are heading into the winter with very high levels of disease transmission and over the last couple of weeks, a definite upturn in the number of cases and the number of hospitalizations.
So essentially, we're heading into the winter already in a surge when this surge will peak and when it will begin to decline.
We really are not able to answer that.
However.
As as we also alluded to or addressed earlier, we've got some very hopeful signs because it's clear that in communities and populations, we're able to achieve very high vaccination rates.
They see much lower activity of COVID 19.
On unvaccinated Ohioans, continue to make up the vast majority of hospitalizations and deaths due to COVID.
But the numbers of vaccinated people who have been hospitalized or died have gone up to the Ohio Department of Health reports.
36,938 unvaccinated Ohioans have been hospitalized since the start of this year.
That number is more than doubled since July 27th 2064.
Fully vaccinated Ohioans have been hospitalized this year, but in the last four months there's been a tenfold increase in hospitalizations of vaccinated people.
11,647 unvaccinated Ohioans have died of COVID since the start of 2021.
Nearly half of those deaths have taken place in the last four months, but 543 vaccinated Ohioans have died of COVID this calendar year, and more than 93% of breakthrough COVID deaths this year were reported after July 27th.
Last year's COVID shutdown sparked the Business Fairness Act, which passed unanimously in the Senate and overwhelmingly in the House.
It would allow small businesses to remain open under a state health order if they put in place the same health rules as larger businesses do.
But the Ohio Fairness Act hasn't moved as quickly or at all in this legislative session.
This bill to prohibit discrimination on the basis of sexual orientation, gender identity or expression, has been proposed by Senator Nikki Antonio ten times since she arrived in the Legislature, first as a Democratic representative.
Each time it's gotten a bit more support, this time it has a Republican joint sponsor in the Senate and Michael Ruly and in the House, where Democratic Representative Michael Stindl, who's also introduced the bill every session since 2003, is joined by Republican Representative Brett Hillier, a conservative from Yorkville in rural Tuskers county.
While Speaker Bob Cupp said in April there is quote quite a bit of division on the Ohio Fairness Act, Hillier has been promoting his involvement with this legislation and with a national antidiscrimination group.
Well, as you know, the Ohio Fairness Act has been around for some time now, but at this juncture, the in the House and the Senate has a record number of Republican supporters, and I actually don't think that is surprising, given that what conservatives really stand for are individualism, liberty, economic prosperity and opportunity.
Those are all pillars of our party and by the way, pillars that former conservative stalwarts such as Jack Kemp himself championed.
And I think that works very well of with our platform and in the conservative Republican Party.
And you've got business groups that have actually come out, including the Ohio Chamber of Commerce, saying this is a bill that really would be potentially helpful for Ohio's economic situation.
Certainly.
And if you look at the history of nondiscrimination laws, it's it's actually been business groups, whether you talk about racial discrimination in the south or sex discrimination.
It has been chambers of commerce, local business groups that truly want to see discrimination stamped out.
Ultimately, discrimination has no place in business and no place in the workforce.
And you know it for me, what's interesting is Ohio has, you know, a massive number of colleges and universities, and we're attracting talent from across the world here to Ohio.
And yet, as you know, we're redistricting.
We just lost a congressional seat.
Our population is aging and younger people, although they're living here for several years, they're going on to go elsewhere.
So I think ultimately creating an inclusive society where people can go to a movie theater, take a job and truly be judged on their talents and merits is beneficial to our state and beneficial to society.
But does this potentially run up against a buzzsaw when it comes to things like there was a provision in the state budget that would allow for its medical conscience clause is what it's been called that would allow for medical professionals to deny treatment to people if they have a disagreement over beliefs.
I mean, and the LGBTQ community has said that could potentially really affect people in that community.
Does the Ohio Fairness Act run up against that?
I don't necessarily think it does.
The provision in the budget, certainly.
I think we should follow legislative processes where you actually have the ability to have hearings and have testimony and ultimately have good policy.
So, you know, it's interesting that one of the leaders of this movement nationally, the Conservatives for Nondiscrimination was the former speaker of the Texas House.
And although he was initially not supportive of this kind of legislation, after hearing the testimony of families and students and children and businesses ultimately changed his opinion.
You talk about the script that you're in this national conservatives against discrimination, you're on the leadership council for this group.
one of the guiding principles for.
This group is that freedom of religion is important to all of us, so it kind of goes beyond just business ideas, but also into the area of freedom of religion and that and this is a quote from the website.
We can and we must ensure that all Americans are free from discrimination, no matter who they are, whom they love or how they worship.
There's a strong connection between Republican lawmakers and politicians in evangelical Christianity.
Most obviously on abortion, but also on other issues, too.
Does this potentially put you at odds with a big part of the Republicans voting base?
Certainly.
I don't think so.
I think if you look at leaders of faith and here in Ohio, for instance, we have a faith group that is supportive of this legislation and federal legislation.
It's over 200 members, I believe, of various faiths, whether it be mainline Protestant faiths, Christian faiths, Muslim faiths, Jewish faiths, even some Catholic supporters for legislation like this, just because you are not discriminating doesn't mean that there are.
There aren't protections and they don't have that.
You don't have to get rid of religious protections just by passing this legislation.
When it comes to state legislation, there are other bills here that would specifically address LGBTQ issues.
And I'm wondering what your position is on this being a sponsor of the Ohio Fairness Act.
What about the bill that would ban girl, trans girls and women from girls and women's sports in high school and college?
Also the ban?
The bill that would ban medical treatments for gender transitioning for minors?
What is your position on those considering you are a sponsor of the Ohio Fairness Act?
So I ultimately again, I think those kinds of pieces of legislation deter business and economic growth, which our state desperately needs.
But I think some of the legislation is seeking a problem that doesn't exist.
But you have to keep in mind that is completely separate from the Ohio Fairness Act, which really looks towards nondiscrimination in the workplace housing and public accommodation, whether or not you can go to see a movie with someone that you love.
So, you know, and what's most important, I think that that needs to be taken into account right now is nationally.
There's the Ohio Equality Act.
What we have in Ohio is the same problem that we have as a nation, you have a patchwork of of individual laws.
So here in Columbus, you have an ordinance in Dublin, you have an ordinance in Coshocton, you have an ordinance in very conservative Newark.
You have an ordinance and you have these ordinances that differ across the state.
And I think businesses and even folks that maybe aren't as supportive of this as I would like.
I think we can all agree that it would be good to have a single policy statewide that that most Ohioans can agree with, and that ultimately protects the fundamental religious liberties that that we all know and cherish.
When you talk to other national leaders on these issues, do you find that Ohio is behind what's been happening in terms of the movement of rights for LGBTQ people?
Or is Ohio just right in line with a lot of Republican states?
Where does Ohio rank?
Are we?
Are we falling behind?
Are we moving forward?
What do you think?
I certainly wouldn't think we're falling behind.
You know, again, there are many cities and places to live in Ohio that that are inclusive to people that have those individual traits that I talked about, right?
And again, as a conservative, I would hope that you can be self-sufficient, take care of yourself and your family and your obligations, and ultimately continue to shrink the size of government and the the power that government has over an individual.
But, you know, being from a rural area, there's a big difference between how people view things in rural areas versus how people view things in the cities.
Is it possible to come up with something?
I mean, is the Ohio Fairness Act, which I think is really acceptable to and then encouraged for a lot of people in cities , but may not be so much in rural communities.
How do you how do you bridge that?
So I think if you look at the individuals that are affected by this legislation, I think you'll find him in rural communities as well as urban communities.
You know, everyone has a story to tell or a family member or a loved one.
That that can point to some form of discrimination that has occurred.
And ultimately, I want Ohio businesses to be successful.
I want Ohio employers to be successful, and I want people in Ohio to have opportunities and successes that that, you know, this economic growth would have.
And certainly that's true.
It's a perception, I think, more than anything else, because of course, there are stories of individuals throughout the state, even though that may not be the perception.
I want to ask you to while I have you here, both former speaker Larry Householder and representative both sides have said they did not intend to pass the legislation that you championed to allow the victims of Dr. Richard Strauss to sue Ohio State University for the sexual abuse they suffered between 1979 1996.
Several of those victims came to the State House and told their sto Some of those victims say they didn't know that that was the intent, that the intent was to try to push Ohio State to an out-of-court settlement.
How did you take all this?
I mean, considering you were the sponsor of this bill?
Well, so I think I discussed this for several media outlets, which I think everybody has their own reasons for introducing legislation.
Mine is truly to was to get something passed that would that would be able to address the needs and concerns of all the affected individuals.
I mean, if you heard their testimony, they were very moving and and and were obviously very hurt.
But ultimately, at the end of the day, you need to find where you have 5051 votes.
And unfortunately, that wasn't able to come to fruition.
Was it frustrating to find out, though, that there was never an intent to pass this?
That really the intent was to push OSU to do a settlement?
I don't necessarily think that that would be accurate.
Again, I think everybody has a different view and a different reason for introducing legislation.
You have an email from one of the members of leadership that his reason wasn't to to pass the legislation, but I don't think that speaks for all members of leadership.
Is there a time?
Are we at a time now where some of these laws need to change?
The statutes of limitations need to change, and that there should be more opportunities for people who were abused to sue their abusers.
I certainly think that that the legislative process should be open for that to have that discussion, see where Ohio falls nationally, see where maybe we are behind, maybe we aren't and study that.
Last year, Ohio State University settled a majority of the lawsuits involving abuse by Strauss.
A judge dismissed the onset of lawsuits filed against Ohio State by Strauss victims in September, saying state lawmakers quote had the power but not the will to change the statute of limitations for these plaintiffs.
There are two bills in the Legislature sponsored by four House Democrats all women Kristen Boggs, Allison Russo, Tavi Oglenski and Jessica Miranda.
one would extend the window for prosecuting rapists and add 25 years to the period in which childhood sexual assault survivors can sue their attackers.
The other would eliminate the statute of limitations for criminal prosecutions, for rape or for civil actions brought by rape survivors.
The first bill, proposed in March, has had one hearing.
The second, introduced in April, has had none back to the congressional map, which is already facing one legal challenge and more expected on June five.
I moderated a discussion with the city club of Cleveland on how to redraw Ohio's congressional map from 16 districts to 15.
And for the first time under a new constitutional process approved by voters in 2018.
That was weeks before we saw the new map.
But there were some predictions that turned out to be on target.
I'm going to go to a twelve three map, I'm going to go to an eleven four map.
Are we are we going to go even further down the road to more, more partizanship here?
These new maps go ahead.
Jan David.
Well, I'll start, I mean, I certainly hope that we don't see a twelve three map, and the reason is because that's not proportional to the vote share for Ohio.
So in general, I think we all know that Ohio leans slightly more Republican, maybe 54%.
But for the last decade has had 75% of those congressional seats.
That's because of gerrymandering those mapmakers set out to cement in a firm Partizan majority and that it performed perfectly.
It didn't matter whether it was a year that Obama won Ohio or Trump won Ohio.
We saw this twelve four map.
We didn't see any change.
My hope would be that the new congressional map is closer to a 5050 split.
Slightly more Republican and Democrat would not be surprising.
And my also hope is that as voter preferences and actions change across the decade that we see some seats changing hands and then we know that we have a far more fair and responsive map than we've had.
I think that's right.
first, thank you for having me.
It's really a pleasure to be here with Jen that the league and common cause and groups in Ohio that have worked so hard on this issue for so long have really made change on behalf of voters.
And the work of Laura has done on litigating Partizan gerrymanders is just magnificent.
So the hope here would certainly be that Ohio gets a fair and responsive map for this next decade.
As as Jen was talking about over the course of the last decade, you had a map that did not budge.
It produced the exact same twelve for Partizan breakdown for five straight elections.
And as we know, Ohio is not a 7525 state.
Maybe it's a 54 or 46 state, right?
And you have had similar issues in the state legislature.
Where gerrymandering really becomes such a problem is when you eliminate competitive districts, you make it so that the only election that matters is in the party primary.
You force politics to the extremes at all ends, and then policymaking really becomes separated from the the public will at the same time that lawmakers are really insulated from the ballot box.
And that is a recipe for a real crisis in a representative democracy.
What are you likely to see in Ohio?
I think Jen is right on this.
There is certainly the chance that Republicans could look to draw a twelve three map.
They could try and draw, you know, Democratic districts around Columbus, Cincinnati and Cleveland and and try and manipulate the rest of of of the state to a twelve other solid or relatively safe Republican seats.
I think a fair map probably looks something more like a a 96 map.
I don't think you're going to get anywhere close to that in reality.
What we have seen around the country over the course of the last decade and what we hear from politicians is this redistricting cycle heats up again is that they are going to go for essentially whatever they think they can get away with on both sides .
Democrats in Illinois, in New York or are talking this way, as are Republicans who control the process in in many of the same states that they control the process for the last couple of cycles.
We're not going to have the U.S. Supreme Court any longer where the federal courts.
They slammed the door on Partizan gerrymandering cases as a non justifiable political issue back in the RICO versus Common Court case in 2019.
So it's going to really be left up to politicians to sort of work within these new guardrails of the 2015 and the 2018 amendments.
And what we've seen again around the country is that politicians work those guardrails as aggressively as they can.
And so the league and the ACLU and all of us in the media are going to have to be super attuned to this process and and very, very watchful as it goes on.
And it's important to mention, I think, you.
Know, there's a lot of talk about.
FIEO going for Trump in 2016 and 2020, but Jen's right.
I mean, it is only 5345 that split.
Now, Biden only won seven counties, but those that these represent 2.7 million voters in Ohio.
So, you know, are this idea that Ohio is totally one way or the other is not really the case when you look at the numbers here.
And that brings me to a question for a lawyer on the ACLU.
Ohio's website outlining four things that you should know about the new maps is this point to think that the new redistricting process will inherently lead.
There are more representative maps would be a mistake.
Now, that's kind of depressing.
There were 1.2 million Ohioans who voted for changes to the congressional map drawing process, 2.1 million people who voted for just one big map drawing process.
And this suggests that maybe we won't get we're not guaranteed any changes at all, really.
Well, I think the question of whether you're guaranteed a change or not is an open one, and it's one that we're watching, I think, as David said, you can still manipulate the guard rails been to such an extent that you get a Partizan map.
And the process certainly envisions the possibility of ending up with a Partizan map because both at the General Assembly process and in the process for a US Congress, you can pass a four year map so you can pass a map that everyone agrees only one party support.
And if only one party is supporting a map, you have to ask yourself why.
And what we found through our litigation was the reason why is because the map was seriously gerrymandered, and they're still really sophisticated ways in which you can take election results and then use that information to draw a map where you can guarantee an outcome and to kind of go back to something that both Jan and David said.
We do know in Ohio there is the possibility of drawing fairer maps.
What we were able to do during our litigation is in fact give the courts several options up.
Here are maps that could be drawn.
And in fact, we use the 2018 amendment process and all the kinds of restrictions on how you draw maps to say, Here we've done what you should be doing to draw a map in Ohio, and we're able to get X number of competitive seats.
And that's what the voters want.
They want a contest where at least the possibility of a win on either side is not pre-determined and it's not electors picking their voters, but voters really picking their electors.
And unfortunately, there's still room for abuse in the process, and that's just something we're all we all are going to have to be watching.
It's interesting to know that the ACLU of Ohio did not endorse the 2018 constitutional amendment on congressional redistricting that voters overwhelmingly approved at the time.
The ACLU said that although it quote has some features that could improve redistricting in our state, we believe that it does not provide comprehensive reform and could open the door for future Partizan manipulation.
Another interesting thing to note this summer, Senate President Matt Huffman said he thought a longer time line to draw a congressional map could result in a ten year map map.
A pass last week did so without a single vote from the 43 Democrats in the state legislature, so it's a four year map.
Huffman also said the summer before the State House and Senate maps were approved that they would likely be short term four year maps because they couldn't get agreement from the two minority Democrats on the Ohio Redistricting Commission.
And that's it for this week for my colleagues at the Statehouse News Bureau of Ohio Public Radio and Television.
Thanks for watching.
Please check out our website at State News Gheorghe, and you can follow us and the show on Facebook and Twitter.
Safe travels and Happy Thanksgiving!
And please join us again next time for the state of Ohio.
Support for the statewide broadcast of the state of Ohio comes from medical mutual, providing more than 1.4 million Ohioans peace of mind with a selection of health insurance plans online at Med Mutual dot com slash Ohio by the law offices of Porter, Wright, Morris and Arthur LLP, now with eight locations across the country.
Porter Wright is a legal partner with a new perspective to the business community.
Moore and Porter Wright dot com and from the Ohio Education Association, representing 124,000 members who work to inspire their students to think creatively and experience the joy of learning online at OHEA.org .

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