Episode Transcript
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Speaker 1 (00:00):
CD Talk Station. Very happy Friday Eve to you. Brian
Thomas was happy to welcome back to the fifty five
CARC Morning Show former FOP President Dan Hills. Dan Hills,
welcome to the morning show. It's great to have.
Speaker 2 (00:09):
You on, Brian. It's always great to be on your show.
And I hear I might even have an opportunity to
do a little little debate with my dear friend, an
awesome attorney, Brian Thomas.
Speaker 1 (00:24):
Great, let's do that.
Speaker 2 (00:27):
Let's do this about this settlement.
Speaker 1 (00:29):
This settlement eight point one million dollars improved by Sincinni
Council yesterday, sixty five thousand covered by the county, the
balance covered by the city taxpayers, all springing from you.
Remember Breonna Taylor and George Floyd. There were a couple
of incidents in the aftermath of their killings, of course,
protests in downtown Cincinnatio as well as elsewhere, protests devolving
into criminal activity, which resulted in John Cranley imposing your
(00:50):
curfew and pursuing to the curfew. We had people arrested
for violating the curfew. Those people heard it up and
placed in the Hemlin County Justice Center what they call
Sally's Port.
Speaker 2 (01:01):
Uh.
Speaker 1 (01:02):
Those folks sued and the cities decided to settle. This
springs from I believe a civil rights violation. The free
the First Amendment allows to you know, for us to
uh uh to gather together and speak uh. And I'm
guessing that's why they've resolved this. Did they not have
an exception to the curfew for both people who are
exercising the right to free assembly?
Speaker 2 (01:24):
Dan Hills, Well, you know, I think there was plenty
of opportunity for people to have free assembly and to
protest what happened. And you just said it was that this, uh,
the legal behavior that was happening became a safety issue
not only for the police, but for the community. And
therefore I thought John Cranley's actions were just. And this
(01:46):
is where my you know, my confusion lives was Scottie
Johnson and maybe or maybe not you as well that
thinking that the settlement is just. I think I think
this settlement, the settlement is a rip off of the taxpayers.
And I think at some point, point, you know, law
departments like the City of Cincinnati needs to draw the line.
(02:07):
These folks knew the rules as they were being put
out there that there was there was some you know, uh,
big boy and big girl games going on, and it
was within the mayor's rights and it was within the
police department's duties to enforce this this curfew to help
me keep the communities safe. And so you know, I
(02:30):
did a little break down with the numbers. It was
actually eight million, one hundred and forty three thousand once
you include that mass of sixty five thousand dollars from
the county kicking in. I don't know what that's all about.
And you deducted the attorney sees two million dollars I
think to two million and thirty five thousand. So there's
where a lot of the motivation comes from. You have
(02:52):
attorneys willing, yeah, all these lawsuits, and if this city
in the law department would really effectively battle some of
these things, I don't know if these folks could come up,
you know, with attorneys that are willing to do this.
So that leaves six million, one hundred and eight thousand
dollars divided by four hundred and seventy nine people. And
this is where I actually have to ask you a question, Brian.
(03:14):
The twelve seven hundred and fifty one dollars and I
rounded up to fifty seven cents. Is there is there
taxes taken out of a settlement like that for these individuals.
Speaker 1 (03:23):
I do not believe so.
Speaker 2 (03:26):
Okay, I didn't think so either, But I want to
ask you for sure.
Speaker 1 (03:29):
It's supposed to be an award for damages. It's an
award for damages.
Speaker 2 (03:33):
You know.
Speaker 1 (03:33):
I guess the process is I see it. You had
the protest going on which devolved into illegal behavior, you know,
property damage, will you know, throwing bottles of people, whatever
the case may be. Then currently comes in and says
ten pm curfew, ten pm curfew is violated. Not in
my understanding is that the folks were arrested for a
(03:54):
curfew violation, not because they engaged in criminal activity. You could,
of course, you know, if you threw a bottle, broke
a window, wrestling for property damage, that'd be fine and
no one would settle that. But merely because they were
out congregating and protesting, speaking their voices about Breonna Taylor
and George Floyd, they were gathered up and arrested for
a curfew violation. Now, I don't know that Cranley has
(04:17):
the right to trump the First Amendment right to freedom
of assembly. He can't do that, and that's why the
curfew that he that was issued by the mayor over
the summer of evolving the teens gathering in Government Square,
that contained an exception for First Amendment gatherings. So maybe
(04:37):
that's what was absent from the Cranley proposal. You can't
arrest me for being out past ten pm if I
am engaging in a you know, a political protest. That's
I think the point of the plaintiffs.
Speaker 2 (04:49):
Well, I think the I think the motivation for mister
Cranley and then the police was that there were criminal
activity that was spawning from these political protests, and there
was plenty of time and room for political protests. Nobody
was stopping political protests. We were picking the time and
the groups where there was also criminal activity coming out
(05:12):
of And Brian, you have to realize this. You can't
always sit there and pick out in a large group,
who is it that's just thrown a bottle of urine
at the cops. When a group has people starting to
act in that fashion and citizens are risk and cops
are at risk, at some point you have to take
control of the situation. And it's not to squaw anybody's
(05:35):
first amendments, right, it's it's for the safety of the citizens. Look,
I think a lot of these people, even before their
twelve thousand dollars, had check stubs from George Soros in
their pocket.
Speaker 1 (05:46):
More or less, there.
Speaker 2 (05:48):
Are professional protesters in these groups, and they know what
they're doing. And part of it they know what they're
doing is they know that cities like the City of
Cincinnati are going to settle.
Speaker 1 (05:58):
Hold On, we're not done with this, and since we're
way over time in the segment, I don't want to
get the Harry eyeball from Joe, So hold on a second,
we'll continue with Dan Hills on this seven thirty eight
right now. If you I have KCD talk station, let
me recommend the best roofing company that exists, Fastened pro Roofing,
Superior Work, and I love seven forty two. If you
have KCD talk station. Brian Thomas with former FOP president
(06:20):
Dan Hills. He was around back in twenty twenty when
we had the May twenty ninth riots and protests dissolving
into criminal activity resulting in the issuance of a curfew
by John Cranley ten PM curfew resulting in a bunch
of people getting arrested for curfew violations real quick. Since
a couple of people instant messaged me about the whole
idea of the paid protesters, I will acknowledge and agree
(06:41):
without knowing specifically that there were probably a lot of
them there. We do have the freedom to travel in
this country, and I think the fact that they had
to pay people to show up at any given protest
is an illustration of the failure. Their message isn't what
drew the people there. It's the fact that they got
a check. But that's lawful behavior too, so you got
to acknowledge that. So they're all there milling around. Can
(07:05):
you arrest them for milling around? Or do we have
to As you point out how difficult it is to
figure out which is the guy who threw the bottle
of urine, But that's the person that should be charged
with a crime. Arresting everyone for violating the curfew, I
think that's where you run a foul. But to your point,
eight point one million dollars divided by the multitude twelve
(07:26):
thousand dollars roughly per person, I guess the reason you settle.
And I'm not happy about this. Dan in any way,
shape or form. But how much money might they have
gotten if a jury decided the award. I think that's
why they ended up settling. Now, maybe the amount was
a capitulation.
Speaker 2 (07:43):
That's what they're reporting why they settled.
Speaker 1 (07:45):
Well, I listen, I was a litigation attorney for a
long time. A lot of my clients agreed to settle
over their best belief that they didn't do anything wrong
because the potential downside outweighed the check they had to write.
Speaker 2 (07:59):
Look an attorney or a jurist or anything. Myself, as
we debate this, I'm just an eldergred. But in my mind,
a society has to be able to institute emergency orders
such as Cranley did. I think the police department has
to be able to tell a crowd to dispersed when
(08:20):
there's legal, illegal activity coming out of that crowd, when
the community is a danger and the cops are at danger,
and the only way to enforce that in the end
is an arrest. So I was down there, I saw
all this stuff at taking place. I thought, just as Scotti,
Johnson and the vice mayor, all these people who are
(08:40):
voting on this settlement are saying that the cops did
everything right. I mean, I think some of the greatest
suffering apparently came from when they already were handed off
to the county. You only asked to basically five thousand
dollars because they had to wait a long long time
and cramp up before they could go potty while they
were sitting in the sally port. But finally, who I
was getting twelve thousand dollars cash at the end of it.
(09:03):
And you know, me and Joe wanted to go protest
to weather or something like that, I'd be filling out
my bottles of urine right now, because that's that's quite
the payday for him to sit around in May. Now.
I don't think I want to sit in a sallyport
in December, especially not this December. But if I'm sitting,
I'm sitting down there. I don't know. I believe in
the end that this is way too much money for
(09:27):
way too little of any type of constitutional violation by
the state in this case, which is the city of
Cincinnati in Hamilton County. They were doing what was necessary
at the time. John Cranley made the difference between what
happened in Cincinnati and there I go when I'm preparing
my legal brief. One of the things of evidence I'm
(09:47):
going to bring Brian is what was happening in other cities.
There are cities were literally burning down, and the City
of Cincinnati did it because we got pro proactive in
stopping these crowds stuff. It's just not as easy as
you and I would like it to be. We'd like
to be able to reach in with a crane and
(10:07):
pick up the pick up the worst actors in a
crowd like that, but it doesn't work that way when
you're dealing with full large crowd and at some point
you have to make the decision to disperse the crowd,
and the crowd doesn't disperse, you have to make a rest.
Speaker 1 (10:20):
Okay, and I can get all that.
Speaker 2 (10:21):
I believe what we did was just you did.
Speaker 1 (10:23):
What you did was appropriate within the or the orders
that you had and the issuance of what everyone thought
was a lawful curfew. You followed what the mayor said.
He instituted the curfew that comes with the possibility of
arrest if you violated. There's I don't think anyone's pointing
a finger at you specifically. I think it's the underlying
curfew that is being challenged, and I don't for a minute.
Speaker 2 (10:47):
Proper do you think, girl, or that that's the part
I don't understand. Was it worded improperly?
Speaker 1 (10:51):
No, I think because.
Speaker 2 (10:52):
It was well. It was necessary to stop the city
from ending up like the other places. We didn't want
to look like Minneapolis. We don't want to be burning
to the ground. And and you know, all all hail
to a Democratic leader at the time, John Grantley, who
who took the bull by the horns. And if the
law Department prepared his curfew order improperly or if you know,
(11:18):
somehow it was was put out there where the criminal
charges we were told to use were not the right
criminal charges. I didn't see that in any of the
articles I read. It just sounded like we're going to
pay these people off because they filed a lawsuit. And
if that's what happened, it just invites more of this
because there will be another reason to protest. Like I said,
(11:40):
you know, Ninjo might protest this weather. There's a reasons
and you will come down.
Speaker 1 (11:46):
The road that and you would be allowed to do that.
And then if you and Joe started throwing urine bottles
and hitting people, you would be subject to arrest for
you know, assault, battery or whatever comes along, or whatever
charges exist for engaging that type of behavior. But if
you just stand there screaming about the weather was too
That was my next question.
Speaker 2 (12:04):
Testing the weather that's too big to pick me and
Joe out of. Somebody's going to have to do some
sort of order or something to break up, right. That
was my next ques recruiting, But that.
Speaker 1 (12:14):
Was my next question. The dispersal order. You were there
were people blocking the streets preventing people from free movement.
There you go, then it's a dispersal order.
Speaker 2 (12:23):
Way, then their way to the expressways.
Speaker 1 (12:25):
Then then you arrest them for free refusal to violate
a dispersal order and for blocking traffic and other things
that already exist on the book as opposed to you're
being arrested for being on past ten pm.
Speaker 2 (12:37):
I see your point, But once it got past ten pm,
there's a little thing that comes called darkness that made
it harder and harder to identify who was it that
was was was causing a lot of these issues and
lots not forget not only what was happening in other cities.
We had a policeman and got shot here in Cincinnati.
Uh we we we had a whole whole lot on
(12:59):
our hands. And I was one of the ones that
was there, that was also there in two thousand and one,
so I saw the difference between the two different occurrences.
And in two thousand and one, things got way out
of hand, and a lot of people got hurt, really
really badly, and a lot of businesses got burned, and
things happened that did not happen because again Cranly made
(13:23):
steps and gave us orders, and we went out there
and enforced them, including the curfew. But I was also there, Brian,
and I saw a whole lot of demonstrations, purely demonstrations. Now, Graham,
they might have been blocking Central Parkway, but we even
put up with that so the day could speak their voice.
(13:45):
Nobody in their right mind that witnessed all that could
honestly say that people did not have an opportunity to
express their First Amendment rights. They expressed them, and expressed
them and expressed them all along as they shouted guiness
at the cops and everything else. There was. There was
no heavy boot of of you know, some communist government
(14:08):
stepping on, stepping on people and saying you can't speak.
They were able to speak. But when it got to
the point where we were concerned that that there was
going to be a mass criminal activity, that's when that's
when that had to be stepped up and there had
to hear rest. And again, they're playing a big boy,
big girls game. A lot of these folks were paid protesters,
(14:30):
and so they they had to wait a long time
till they wanted the potty. I have no sympathy for
them whatsoever. You're hanging with a group like that. If
I went down there because I really believed in their
message and I wanted to demonstrate for a while, and
then I start to see the activity of some of
the people around me, and I saw the police starting
have to gear up because of that activity, I would leave.
(14:54):
And for those folks who chose not to leave, you
get caught up in it, I'm sorry, that's that's that's
the way it went for you. But you know, I'm
not in a position to argue, you know, legal stuff
about whether or not the order was put out correctly
or something like that. The city screwed that up. That's
not a big You're not going to see my shock
face on that.
Speaker 1 (15:14):
And I think that's really all that's being addressed. In all,
I really think that's all this being addressed is the
city issued in order that may have Listen, the Constitution
doesn't say anything about ending at ten pm your free
assembly rights. That's I think that's the legal thing behind this.
You and I can agree all day long, bad things
were happening, that people were blocking the streets, all of
which we should have resulted in dispersal order and then
(15:35):
being perhaps arrested for failure to heed the dispersal warning
and order. I don't know. It's complicated, it's steeped in
legal challenges, but let me just observe this real quick
as we part comedy, Dan Hills, and I appreciate your
willingness to talk about this eight million dollars, as stupid
as that amount may be and as unsettling as you
and I might find it considering the money that's going
to these people, perhaps paid post protesters. I bet the
(15:57):
fact that you did break the crowd up save the
city a lot more than eight point one million dollars
in terms of the damage that was avoided.
Speaker 2 (16:05):
Yeah, right, that that is good? You got me, all right?
Speaker 1 (16:09):
Fair enough? If that's what we have to live with.
That's how we'll get through at Dan Hills On behalf
of my listening audience and my family to yours, very
merry Christmas brother. I hope they have you on again
real soon.
Speaker 2 (16:20):
Yeah. Great, Merry Christmas to you and Joe as well.
Speaker 1 (16:22):
Thanks man seventy to fifty five caseyy talk