Whites Banned From Share In Ken Blackwell's Cincinnati Bengals Luxury Suite? Lawsuit Claims Wealthy Blacks Set Racial Barrier

Racial Preferences Alleged

CINCINNATI (TDB) -- The allegation that whites can't buy a share in the Cincinnati Bengals luxury suite that comes with 16 season tickets appears in a Hamilton County Common Pleas Court lawsuit.  It's a dispute filed by Ken Blackwell -- the GOP candidate for Ohio governor in 2006 -- and several African American partners who claim they have been stiffed out of more than $60,000 in fees owed on the box at Paul Brown Stadium.  The couple who allegedly owe the money, James and Deborah Davis, contend the Blackwell group instructed them not to try to sell their interest in the luxury box to whites.  Here's what the Davis's lawyer, Ashley Meier Barlow, wrote in a recent court filing:

"In this case, Plaintiffs [the Blackwell group] failed to take any action to mitigate the damages from the alleged breach of contract by Defendants.  In fact, when Defendants informed Plaintiffs that they were not going to adhere to the obligations of the Suiteholder Agreement, Plaintiffs suggested that Defendants should attempt to find individuals to assume Defendants' obligations.  Worse, Plaintiffs instructed Defendants that they should try to find substitute African American individuals of influence interested in assuming Defendants alleged contractual obligations.

"Clearly, Plaintiffs should have made a reasonable effort to avoid the damages that resulted from the alleged breach of the Suiteholder Agreement.  Instead, Plaintiffs made no effort whatsoever to mitigate their damages and in fact made it more difficult for Defendants to assign their tickets as Plaintiffs placed limitations on what individuals would be acceptable."

The language in the filing uses the word plaintiffs -- plural -- and does not get specific about who actually suggested the suite share should be sold to some other African Americans.  Still, it clearly does allege some racial preference was at work.  Blackwell is a political conservative and is a senior fellow at the Family Research Council. He's also been involved with the Club for Growth and the National Taxpayers Union. He was the first African American elected to statewide office in Ohio when he won the state treasurer's job in 1994. He ran for chairman of the Republican National Committee last year but lost to Michael Steele.  Blackwell does not have a reputation as a black racist or black nationalist, and the allegations in the lawsuit seems at odds with the way he has publicly conducted his life.

The lawsuit is Case No. A 0910309, d.e. Foxx & Associates Inc et al v. James Davis et al.  It is assigned to Judge Bob Winkler, who has sent the dispute to mediation.  A mediation session is set for Dec. 8.  Besides Ken Blackwell and d.e. Foxx Inc., the five other plaintiffs include Blue Chip Enterprises, Dr. Joseph Hackworth, Dr. Charles Johnson and Progressive Marketing & Management, which is based in Columbus.  That group contends the Davis's purchased two shares in the suite package in September 2007.  It says they have failed and refused to pay their pro-rata share due in March 2009.  The group has not filed an answer to the motion to dismiss that raised the allegation that the luxury suite and season tickets should preferably be in the hands of African American shareholders.  Judge Winkler has stayed the date for the answer pending mediation.

Another Veteran Ohio Journo Sent Packing By Gannett's Cincinnati Operation: Bengals Blogger Chick Ludwig Booted From Cincinnati.com

CINCINNATI (TDB) -- Retired Dayton Daily News sportswriter Chick Ludwig -- who spent 12 years as that newspaper's Bengals beat writer -- has been sacked after a year at Cincinnati.com.  He wrote a popular blog (1.3 million page views) mostly about the NFL football team.  Ludwig said his contract wasn't renewed, apparently for economic reasons.  Ludwig spent 30 years with the Dayton Daily News and hooked up with Cincinnati.com last October.  Cincinnati.com is the Cincinnati Enquirer's companion website and is a property of Gannett Co., Inc. the giant media company that owns USA Today.  Gannet's stock was down $1.24, or 8.8%, Friday o n the New York Stock Exchange.  Investors were disappointed by the company's third quarter earnings report .  So adios, Chick, a Cincinnati native who appears to be yet another victim of Gannett, and the entire traditional media's, constant cost-cutting mode.

This is some of what Ludwig had to say about his departure, which he wrote on the blog.  He was classy and didn't offer sour grapes:

"The awesomeness, intensity and belligerence that marked 'Typing Away With Chick Ludwig' has come to an end.  I often use the term 'knifed' when a Cincinnati Bengals player gets terminated, released or waived. Now the time has come for 'The Chickster' to get knifed.  My contract is up, and I haven’t been renewed. The economy has claimed yet another victim. So this is my final entry for the Cincinnati.com Blog Network.

"I’d like to think my specialty is the written and spoken word. And all I ever wanted to do was offer opinion, insight and analysis on the Cincinnati Bengals, and bring a little levity to your day. Hopefully, 397 blog entries and 1.4 million page views are signs I made a dent, if not a smidgen of difference, in your daily life.  My immediate plan: Fire up a Hav-A-Tampa sweet jewel, sip a glass of Rolling Rock, take a nap and prep for my Sunday, Oct. 17, speech at the Maketewah Country Club Caddie Banquet (cocktails 5:30, dinner 6:30)."

By the way, The Chickster remains the Bengals correspondent for the Sporting News.

New Harris Poll Crowns Dallas Cowboys America's Favorite Team: Popularity Poll Places Cincinnati Bengals 27th of 32 NFL Teams

CINCINNATI (TDB) -- The Steelers are fifth on the most popular list. Harris Interactive released the annual poll today. There were 2,620 adults surveyed online last month. The Cleveland Browns finished in 26th place, meaning they were one notch more popular than the Bengals. More Republicans follow football than Democrats. Baby Boomers and GenXers are the biggest fans. The chart below has the complete ranking of favorite NFL teams 1998 through 2010.

Big Debate In Alabama Today Over Andre Smith Pick By Cincinnati Bengals: Mobile Sportswriter Points Out 'Bama Star Remains NFL Dud

Did Saban Snooker Bengals?

CINCINNATI (TDB) -- Sportswriter Mike Herndon at the Press Register down in Mobile has the comment line burning at his Alabama Gulf Coast newspaper.  He noted today -- after the Bengals stunk it up Sunday against Tampa Bay -- that the Andre Smith "saga" continues to unfold in Cincinnati.  First-rounder Smith still hasn't cracked Bengals' the starting line-up, although he did play a few downs Sunday.  1Herndon dredged up a Marvin Lewis quote that suggests the Bengals might have been snookered by University of Alabama Coach Nick Saban before the 2009 draft.  Smith came from the Crimson Tide.  The old quote seems to have lit the woods on fire.  Here's a link to Herndon's piece that is stirring up Alabama, Auburn and NFL fans down in Mobile. And here's a comment that says it's not Saban's fault if the Bengals wasted a No. 1 pick on a dud:

"I like Marvin Lewis, but it's not Alabama's fault he drafted Smith as high as he did. Teams spend a fortune in money and time scouting these players. If, at the time of the draft, they don't know what kind of player they are getting, that is their fault, not the college. For example, the Colts were going to draft Ryan Leaf number 1 over Peyton Manning. Leaf then failed to show up for his final interview with the Colts scout staff. Right then, they knew Leaf was a player that simply didn't care, which then showed in his failed NFL career. The Colts drafted Manning and the Chargers drafted Leaf. Worked out best for the Colts."

Chad Ochocinco's Feed The Children: Huge U.S. Charity Rocked By Scandal Bigger Than Sex Line Snafu

CINCINNATI (TDB) -- At least 1-800-HELP-FTC wasn't the number to the charity's $1.2 million house in Los Angeles.  Kroger grocery supermarkets in Cincinnati Bengals country are pulling Chad Ochocinco cereal boxes -- the "honey nuts" -- off the shelves because a snafu has the phone number for the sex line printed on the packages.  But there is a much larger scandal engulfing Chad's favorite charity, Feed the Children, which was supposed to benefit from the cereal sales.  Oklahoma-based Feed the Children is embroiled in a bitter court battle with its founder Larry Jones, who was fired last year.   The American Institute of Philanthropy, a charity watchdog organization, calls Feed the Children the nation's "Most Outrageous Charity," because of dirty linen that is emerging through the lawsuits.  Charity Watch has a lot of the background. Here's a tidbit:

"Since Jones was fired from FC, he has gone from being a defender to a critic of the charity. Last summer Jones defended the Oklahoma City based charity's purchase of a $1.2 million house in the Los Angeles area 'to reach out to celebrities' and told the Oklahoman that his daughter 'lived and worked out of the house as intended.' Yet in legal papers filed 1/19/09 against FC, he accused his daughter of 'treating a business residence in California as her personal residence.' In the same lawsuit he criticized other employees who worked for him for many years when he was head of the charity, including accusing FC's chief financial officer, Christy Tharp, of being incompetent even though she had worked for him as FC's CFO since 2002."

None of the turmoil seems to show up on Feed the Children's website, although something might be there that was overlooked by The Daily Bellwether. The Associated Press had a long piece by reporter Sean Murphy about the issues confronting Feed the Children. The AP piece was distributed in mid-September.

In Ochocinco's case, the charity seems to have supplied the wrong phone number, which is odd. It should know its own phone number. Today's Cincinnati Enquirer reported that Feed the Children admitted it made the mistake about the phone number: "A spokesman for the Oklahoma City-based Feed the Children conceded the error appears to be the organization's mistake, one they are working to fix. 'We didn't even know the other number existed,' said spokesman Tony Sellars." Ochocinco apologized but said the boxes were printed in Pittsburgh -- city that is home to the Steelers, the Bengals rivals: "Something isn't right."

Adult Sex-Toy Retailer Teams Up With Cincinnati Bengals: Football 101 Seminar Sure To Create Buzz For Lady Fans

CINCINNATI (TDB) -- Pure Romance has hooked up with Bengals' Coach Marvin Lewis to "explain the rules and nuances of football" to 400 women next month at Paul Brown Stadium. NFL players will be on hand to help the coach. I wonder if the seminar will get into a formation called the flexbone -- in football it means a play involving three running backs. Or a muff, as in mishandled punt. Will he discuss ballhandling skills? Coach Lewis says he's looking forward to a fun group of pupils. Here's some background about the event:

"The Cincinnati Bengals and the Marvin Lewis Community Fund (MLCF) will once again team up to host Football 101 presented by Pure Romance on Thursday, of the Bengals bye week at Paul Brown Stadium from 4:30 - 9:30 p.m. The event starts with a silent auction, Chinese raffle, dinner, drinks, door prizes and a live auction. Head Coach Marvin Lewis is joined by members of the Bengals’ coaching staff and players to explain the rules and nuances of football to the 400 attendees. Individuals learn the game in a relaxed and entertaining atmosphere. The event included hands-on demonstrations, video presentations, and VIP tours of the locker room, weight room, and playing field. The night ends with coffee, desserts and a the announcement of the Chinese raffle winners.

"I love teaching this game and I do not think I’ve met a more enthusiastic and fun group of pupils than the participants that attend Football 101,” said Coach Lewis. "I look forward to recognizing our Pink Football Award winner every year as it is an inspiration to myself and all the attendees.”

The link between an NFL team and an adult sex toy company brings up all kinds of possibilities, when it comes to common phrases that are tossed around on a football field. Think about being wide open, or a wide receiver. How about ball security? Or ball carrier? You could talk about crackbacks and hard counts. There is man coverage, long snappers, loose balls and live balls. We all know what a monster is. How about pump fakes? Run and shoot? Sacks, slots, snaps and touchbacks?

Chris Monzel Wants To Sell Both Pro Sports Stadiums In Cincinnati: Oops! They're Already For Sale

CINCINNATI (TDB) -- The Hamilton County commissioners told The Daily Bellwether last winter they would sell Great American Ball Park, home of the Cincinnati Reds, and Paul Brown Stadium, home of the Cincinnati Bengals, if anybody wanted to buy. No one was interested, then or now. Today, Chris Monzel, a Republican Cincinnati City Council member running for a seat on the Hamilton County Commission, has raised the issue again. Monzel met with Cincinnati Enquirer reporters and editors and announced he "wants to sell the stadiums." The Enquirer treated this as a major campaign development that would fire up the debate. In truth, it's neither a new nor an out of the box development. Democratic Commissioner Todd Portune said the stadiums were for sale last February. It was in the Bellwether, where Portune noted anybody was welcome to make a bid, even the Chinese or Saudis. Monzel's Democratic opponent Jim Tarbell didn't have much to say. He probably knows there doesn't seem to be any buyers out there.

UPDATE: 9/17 2:42 PM -- Cincinnati Blog is accusing Monzel of pandering to his conservative base in the commission race. The piece has a link to Bellwether item about
Monzel.

Opening A Hole To Run Bengals' Mike Brown Out Of Town? NFL Pressed To Change Ownership Rules

CINCINNATI (TDB) -- Nobody in Ohio's U.S. House delegation has spoken out on the matter yet. But Buffalo's Democratic congressman is urging the National Football League to revise ownership rules so communities can float stock deals and purchase the local professional franchise. U.S. Rep. Brian Higgins says Buffalo's Bills could move to Toronto because the Lake Erie city's economy and population are in a severe downturn. He wants the league to again authorize deals like the arrangement from long ago that allowed Green Bay to purchase the Packers and keep the team in town. Higgins says small markets -- think places like Cincinnati -- are chained to the whims of owners they cannot buy out. He said stocks and voting rights are the solution:

"If the league is serious about the preservation of small markets where fans have nurtured its teams throughout league history, it must review its policy preventing community ownership."

Higgins sent his letter to NFL Commissioner Roger Goodell yesterday. No response yet. The economy in Buffalo is terrible -- Cleveland and Cincinnati are not in as bad a shape. But both Ohio cities are way off their prime. Higgins contends the Packers should be the NFL's role model for preserving football in a distressed community like Buffalo:

"The result has been one of the most stable and successful franchises in history, as the Packers have become a financial asset to the league far beyond its ability to raise revenues locally. As the Packers have demonstrated, community ownership leads to a level of community pride and team support unrivaled in professional sports."

You can read about Higgins here on his House Web site. The Bengals, of course, aren't planning to move anytime soon. But they are a franchise whose ownership seems to put a premium on finances over performance on the field. Cincinnati lawyer Tim Smith passed along this e-mail in which he suggests watching the Bengals on the field may be lowering the city's birth rate:

"I just read that in 1996, scientists took saliva samples of male soccer fans before and after a game between Brazil and Italy. Brazil won. The testosterone levels of Brazil's fans were found to have risen 28% over pregame levels, while the testosterone levels of Italy's supporters had declined by 25%. Subsequent studies have corroborated these results.Therefore, in calculating the cost of Bengals season tickets, area men should not only include the parking, the seat license, the tickets, the $4 pops, the $6.50 draft beers, and the overpriced food, they might consider the cost of Viagra as well."

Blog For A Paycheck In Ohio: Clear Channel Seeks Sports Nut In Cincy

CINCINNATI (TDB) -- The job was posted Dec. 22 on this State of Ohio database that was created to match up employers with people looking for work. Clear Channel intends to team a blogger with its on-air talkers on WLW-AM, 700, and 1530 Homer. The blogger is supposed to be the local sports guru. No details on the pay rate.

If you can get the state site to function, you can see job description by clicking on the yellow icon next to listing for creative writers in Cincinnati. The Daily Bellwether was able to glean more from Clear Channel, including word that the position would be like an online beat writer who focuses on the Reds, Bengals, Xavier University Musketeers and University of Cincinnati Bearcats. Some details from the company:

"If you like to blog about sports, this is the job for you. We are seeking a creative, self-motivated, proven blogger/online beat writer to write about Cincinnati area sports. This job entails both creating and posting text, photos, and video on Clear Channel Cincinnati websites. Position will also be utilized on-air with 700 WLW and 1530Homer as local sports expert. Job does include work on evenings and weekends."

Blame It On Bengal Chad Johnson: Caucasian NFL Rosters Are Coming

CINCINNATI (TDB) --African-America sports columnist Jason Whitlock writes today that NFL teams will become increasingly stocked with white players in the years ahead. He says black athletes such as Cincinnati Bengal Chad Johnson are in thrall to hip-hop culture, which makes them buffoons and "football bojanglers" who don't contribute to a winning environment. He said owners won't shell out millions of dollars for players who put themselves ahead of their teams.

"African-American football players caught up in the rebellion and buffoonery of hip-hop culture have given NFL owners and coaches a justifiable reason to whiten their rosters. That will be the legacy left by Chad, Larry (Johnson), Tank Johnson, Pacman Jones, Terrell Owens, Michael Vick and all the other football bojanglers.

"In terms of opportunity for American-born black athletes, they're going to leave the game in far worse shape than they found it."

Whitlock writes for the Kansas City Star and msn.Foxsports.com and says the Colts and Patriots, the NFL's two best teams, have a high ratio of white players. He predicts owners with an eye on their bottomlines have already noticed. He says Chad Johnson, in particular, runs a minstrel show on the football field instead of his routes.

"Race is not the determining factor when it comes to having a good or bad attitude. Culture is. Hip hop is the dominant culture for black youth. In general, music, especially hip hop music, is rebellious for no good reason other than to make money. Rappers and rockers are not trying to fix problems. They create problems for attention. That philosophy, attitude and behaviour go against everything football coaches stand for. They're in a constant battle to quash rebellion, dissent and second opinions from their players."

NFL Hall Of Famer Anthony Munoz: Signs Up To Play Offense For Phil Heimlich

CINCINNATI (TDB) -- Former Bengal Anthony Munoz owns three NFL offensive lineman of the year awards, and now he's going to try to open holes in the OH-02 GOP primary that will give Phil Heimlich some running room. Heimlich landed the Latino sports star's support despite Heimlich's firm opposition to any easing of immigration laws for Hispanics who settled in the United States illegally. Munoz was born in Ontario, Cal., in 1958.

Heimlich is seeking to wrest the party's nomination from U.S. Rep. Jean Schmidt next March. Munoz, who is an extremely popular figure in the Cincinnati area where he lives, has signed on to back Heimlich and will headline a fundraiser next month.

Munoz is in the NFL Hall of Fame and played for the Bengals from 1980 until his retirement in 1992. He made the Pro-Bowl 11 times during his 12-year career. After football, he started a charitable foundation that has become one of the most important organizations working with young people in Southwest Ohio. He has also dabbled in Republican politics, and served as a local leader in the 2004 Bush-Cheney reelection campaign. His alignment with Heimlich -- who is challenging a sitting member of Congress -- is a blow to Schmidt and a sign that she may have difficulty holding the allegiance of the area's top Republicans.

Munoz is Hispanic and played college ball at the University of Southern California in his native state. Heimlich got the NFL great's support even though he's no fan of legislation that would transition some of the Latino residents who immigrated illegally to U.S citizenship. Heimlich says:

"Illegal immigration is an issue of national security. Certainly, most immigrants moving illegally into the U.S. are not terrorists and are not consciously seeking to harm our nation. But our current policies allow those who seek to harm our nation to simply walk onto our soil, undetected and unaccounted for.

"I oppose granting amnesty, or creating an easy 'pathway to citizenship' for those who have come here illegally. To do so makes a mockery of our laws, and disrespects every immigrant who has come to America legally."

NFL Wants Journos To Wear Ads On Sidelines: Journos Protest

CINCINNATI (TDB) -- A national organization of journalists wants the NFL to scrap a proposed game day rule that would force newspaper, magazine and TV photographers to wear bright-red vests with Canon and Reebok ad logos displayed on the vests. The two companies sponsor pro football, and working journos on the sidelines are concerned they would resemble NASCAR drivers, or Olympic skiers, while covering the Cleveland Browns, Cincinnati Bengals and other franchises across the U.S.

Of course, the photojournalists don't work for the NFL. They work for independent publications like The Plain Dealer and Cincinnati Enquirer, or Sports Illustrated, or local TV. The NFL probably doesn't need them anymore -- it is so rich and successful that it can hire its own photogs and put them on the sidelines, then put their pictures online or find ways to distribute them through print channels that will pop up instantly. The old MSM will be squeezed out, and the dispute demonstrates how far their clout has eroded.

The Society of Professional Journalists is raising cane about the NFL plan and says the NFL should abandon the proposal before the preseason begins next month. Today, it sent a protest letter to the commissioner's office and all 32 teams. The journalist group's president, Christine Tatum of the Denver Post, explains:

"For the sake of the almighty dollar, the NFL is clearly willing to compromise press freedom and independence. The League should be ashamed. Journalists should refused to cover games before allowing themselves to become walking billboards. Defending a free press is a public service infinitely more valuable than play-by-play reporting from the sidelines."

Beg to differ. The news biz is built on advertising. The trucks that TV journos drive to the games are painted with signs touting the networks and stations that own them, logos that say, "Where the news comes first" and such. Is it such a stretch to wear a Canon vest?

Meanwhile, the newspapers are looking for new revenue streams as they decline. They should have sold logos for ads years ago. A real estate company, a motel chain, a car dealer would have paid dearly to have a highly visible logo in a stadium before 60,000 or more Browns, Bengals or Buckeye fans. Think of the logo decorating an Ohio newspaper photogs jacket or shirt, somehow clearly marked as an advertisement.

Or the paper should have put its photog in a jacket or shirt that proclaimed: Read The Dispatch!!!

But they never thought like that. And now that somebody is, they are p'oed. C'mon Society of Professional Journalists, do you think that the Americans who watch and attend football games are such dummies they won't recognize the ads for what they are -- paid product placement pitches that are not endorsements.

Hell, if I was running a newspaper I'd be talking to Budweiser right now about hats, pants and shoes.