FC Cincinnati stadium on the ballot? City says 'no'

Cameron Knight | Cincinnati Enquirer

Show Caption Hide Caption FC Cincinnati: How City Council Voted on Stadium Cincinnati City Council vote Monday approved a development deal to build a West End stadium for FC Cincinnati. The approval by City Hall leaves one last hurdle: Major League Soccer awarding a team to FC Cincinnati.

A group opposed building an FC Cincinnati soccer stadium in the West End wants to petition to put the issue to a public vote in November, but the city's law department says it can't happen.

The group, Coalition Against an FC Cincinnati Stadium in West End, submitted a referendum petition to City Hall Friday, according to a news release.

"This petition would let the people of Cincinnati decide whether this is a good or bad deal for Cincinnati," the release said.

City ordinances, such as the one passed to pay for stadium infrastructure, are usually subject to what is called a referendum. Referendums allow citizens to petition for a public vote.

However, the FC Cincinnati deal was passed as an "emergency" ordinance, and the city's law department told The Enquirer Friday "if an ordinance is passed with an emergency clause, it is not subject to referendum."

Emergency clauses allow ordinances to go into effect immediately instead of after 30 days.

The soccer stadium ordinance explains why it had to be passed as an emergency measure.

“That this ordinance shall be an emergency measure is necessary for the preservation of the public peace, health, safety and general welfare,” the ordinance reads. “The reason for the emergency is to enable the MOU (Memorandum of Understanding) to be executed as soon as possible so that the Club can promptly move forward with its attempt to secure a bid for membership as a Major League Soccer franchise, which if granted will result in the construction of the stadium, the creation of job, and the stimulation of economic growth in the area at the earliest possible date.”

The No FC Cincinnati Stadium in the West End Coalition is made up, in part, by Josh Spring, the executive director of the Greater Cincinnati Homeless Coalition, and former City Council candidates Brian Garry and Michelle Dillingham.

Dillingham said the referendum of petition delivered Friday was modeled on a referendum against a 2013 ordinance, which would have effectively privatized the city's parking system.

However, the city challenged that referendum on the same grounds, that it passed as an emergency ordinance. The matter went to court. The Hamilton County Common Pleas Court ruled in favor of the petitioners, but the First District Court of Appeals overturned the lower court decision and the referendum never made it to the ballot.

The parking ordinance was delayed by an injunction while the court considered the case. In November of 2013, John Cranley was elected mayor and killed the parking deal anyway.

Dillingham said the coalition has lawyers ready to help fight the city.

"We believe the people of Cincinnati should have the opportunity to democratically vote on whether the City should provide support, financial and otherwise to FC Cincinnati’s proposed stadium," the coalition said in a statement.

More: FC Cincinnati: City Council OKs deal for West End stadium by 5-4 vote

On April 16, Cincinnati City Council passed a $212.5 million deal to pay for the infrastructure needs of a West End stadium. It passed with a 5-4 vote.

Councilmembers who opposed the measure were concerned about displacement and gentrification in the West End. The West End Community Council voted overwhelmingly against the deal. Members also filed a petition to impeach Keith Blake, the community council president, over how he handled the deal.

The ordinance called for a community benefits agreement outlining protections and promises to West End residents to be approved by City Council before the money is dispersed.

That agreement has not yet been signed.

Meanwhile, Major League Soccer has not made a decision on FC Cincinnati's bid for an MLS franchise. The team's quest for a stadium, which considered three sites spanning both sides of the Ohio River, has all been part of an effort to join the league.