AKRON, Ohio - The state's E-check tailpipe testing program violates the Ohio Constitution and should be stopped, according to a class-action lawsuit.
The lawsuit, filed Wednesday in Summit County Common Pleas Court, seeks to end the testing in the Akron-Cleveland and Dayton areas. It also suggests that motorists should get E-check refunds. The lawsuit alleges that the state's contract with Envirotest Systems Corp. of Phoenix, Ariz., is illegal because it violates a section of the Ohio Constitution by creating "an unlawful venture" between the state and a private company.
Envirotest pays the Ohio Environmental Protection Agency about $2.50 of the $19.50 fee for every vehicle test. The lawsuit claims the payments are barred by state law.
Attorney Timothy Grendell, of Chesterland, filed the lawsuit. He said Thursday night he was not sure how it might influence E-check testing in the Cincinnati area, where the tests are performed by MARTA Technologies.
To the extent state law providing for the emissions testing is ruled unconstitutional, that would have an effect on the process statewide, he said. Mr. Grendell said he is not familiar with the details of the MARTA contract but said he thinks it is similar to the Envirotest deal.
Man arrested for interferring with murder investigation
A 34-year-old Walnut Hills man was arrested Thursday and charged with interfering with the homicide investigation of Sunday's death of Clint Gardner.
Police charged Damien L. Johnson, of the 3200 block of Gilbert Avenue, with intimidation, tampering with evidence and obstructing official business.
Police said Mr. Johnson disposed of a .380-caliber semiautomatic pistol used to kill the 26-year-old Mr. Gardner, gave misleading statements to homicide investigators, and threatened and assaulted a female witness involved in the investigation.
Mr. Gardner, of the 1300 block of Main Street, Over-the-Rhine, was shot to death early Sunday. Lester Johnson, 35, of South Fairmount, who is charged with murder in Mr. Gardner's death, surrendered to police Monday night.
State offers reward in pizza shop fire
SOUTH LEBANON - Fire investigators are asking the public to help find who set fire to Houdini's pizza and ice cream shop early Sunday. The Ohio State Fire Marshall's Office in Columbus is offering a reward of up to $5,000 for tips that may lead to an arrest in the arson fire, said office spokesman Matt Mullins.
Anyone with information can call the fire marshall's office at (800) 589-2728.
Fort Washington Way west closed Saturday
Drivers planning on taking westbound Fort Washington Way between 6 a.m. and 2 p.m. Saturday will have to take a different route.
The westbound lanes will be closed so construction crews can demolish part of the former Fort Washington Way to make way for the reconfigured expressway scheduled to open in 2000.
Southbound Interstate 71 traffic trying to get through Cincinnati can get to southbound I-75 by taking the Norwood Lateral (Ohio 562) or Ronald Reagan Highway (Ohio 126). Drivers can also use southbound I-471 to I-275 in Kentucky.
Bus stops moved on Montgomery routes
Riders who use the Blong bus stop or layover on Metro's Route 4 Kenwood-Montgomery bus and the Route 3 Kenwood-Montgomery Sun Run now go to the Harper's Station Shopping Center to get on the bus.
Construction moved the Blong stop about a quarter-mile south to the corner of Montgomery and Kemper roads. The change is already in effect.
The bus stop on Montgomery Road just south of Kemper Road won't be used for the routes that include Harper's Station. But that stop will still be available for the Route 72 bus and the Route 3 Loveland Sun Run. The Blong stop change won't affect the Route 3 Loveland Sun Run bus.
VA Medical Center opens renovated wing
Cincinnati's VA Medical Center today will dedicate a $2.1 million renovation project that modernizes its cardiac and respiratory care units.
The 22-bed project involved rebuilding the entire south wing of the 150-bed hospital's sixth floor, including new medical equipment, bathrooms, air-handling systems, automated medication dispensers and laptop computers in every room that nurses can use to record patient data.
A $2 million renovation of the sixth floor's north wing is planned to start in late 1999.
Benefit to assist student hit by car
Friends of 11-year-old Devin Carr are holding a benefit to cover medical bills for the Talawanda Middle School student, who was hit by a car last month while waiting for his school bus.
Devin suffered a broken neck and pelvis in the wreck.
An auction will be held at 7:30 p.m. Nov. 28 at Banklick Tavern, 11660 Bank Road, in Dunlap, to cover medical expenses.
Any businesses willing to donate gift certificates or other items to be auctioned are asked to call Charlie Baxley, the benefit's coordinator, at 742-1039.
Accused '90 killer held on $1 million bond
A judge set a $1 million bond Thursday for the man accused of stabbing to death Rochelle Hardy eight years ago.
Richard Jones Jr., 40, was returned to Cincinnati this week after being arrested earlier this year on unrelated charges in Riverside, Calif. Prosecutors say Mr. Jones was fighting with his girlfriend in 1990 when Ms. Hardy, a mutual friend, intervened by striking him with a hammer.
Prosecutors say Mr. Jones stabbed Ms. Hardy once in the back, killing her. They say Ms. Hardy apparently struck Mr. Jones so hard she knocked out a tooth, found later at the scene.
Before setting Mr. Jones' bond Thursday, Hamilton County Common Pleas Judge Ralph Winkler authorized prosecutors to take a blood sample from Mr. Jones to determine whether it was his blood and tooth.
Salvation Army plans doll auction
The Salvation Army will hold its annual Toy Shop Auxiliary Silver Tea and hand-dressed doll auction at 12:30 p.m. on Dec. 1 at the Pleasant Ridge Presbyterian Church, 5950 Montgomery Road.
Hundreds of dolls will be displayed before distribution to needy children. A small number of special dolls and handmade doll furniture will be sold beginning at 1:15 p.m. at the church.
