Connect with us

Business

Court Weighs Ohio’s Taxation of Out-of-Town Athletes

Published

on

In this Monday, Aug. 22, 2011 file photo, former Chicago Bears player Hunter Hillenmeyer speaks during a news conference held by the Chicago Concussion Coalition in Chicago as musician and recording artist Billy Corgan, right, and Chris Nowinski, second from right, chairman of the coalition, and Chicago Alderman Latasha Thomas, left, listen. On Wednesday, Jan. 14, 2015, the Ohio Supreme Court is scheduled to hear arguments about laws that tax professional athletes and entertainers who work for short periods of time in the state. Hillenmeyer, has sued over Cleveland's interpretation of the law, saying the city unfairly imposes a 2 percent income tax based on games played in the city as a percentage of total games played. (AP Photo/M. Spencer Green)

In this Monday, Aug. 22, 2011 file photo, former Chicago Bears player Hunter Hillenmeyer speaks during a news conference held by the Chicago Concussion Coalition in Chicago as musician and recording artist Billy Corgan, right, and Chris Nowinski, second from right, chairman of the coalition, and Chicago Alderman Latasha Thomas, left, listen. (AP Photo/M. Spencer Green)

ANDREW WELSH-HUGGINS, AP Legal Affairs Writer

COLUMBUS, Ohio (AP) — An Ohio law that singles out professional athletes and entertainers for taxation even when they’re in the state just a few days a year is unconstitutional, say several sport leagues including the NBA, NFL and NHL who want the state Supreme Court to strike the law down.

At issue is an Ohio law that excludes entertainers or athletes from a ban on municipalities taxing people who perform services 12 or fewer days per year. The leagues say the law singles out professional athletes for less fair tax treatment and overlooks the fact that despite high salaries the athletes’ careers are relatively short.

An ex-NFL player, meanwhile, has sued over Cleveland’s interpretation of the law, saying the city unfairly imposes a 2 percent income tax based on games played in the city as a percentage of total games played.

Former Chicago Bears linebacker Hunter Hillenmeyer says the city should only have taxed him based on days spent in the city compared with the length of his season, which comes out to a much lower rate.

Cleveland’s system, known as the “games-played method,” treats professional athletes as if they were paid only to play in games, Stephen Kidder, an attorney representing Hillenmeyer, said in a filing with the Ohio Supreme Court, which heard arguments Wednesday.

This ignores everything else NFL players are paid to do, including mini-camps, preseason training camp, team meetings, and practice sessions, Kidder said.

Under the method most cities use, an NFL player who traveled to a city for two days during a 160-day season would be taxed on 1/80th of his income. But in Cleveland, a visiting football player is taxed just on the game, which amounts to five percent of his income based on a 20-game season (which includes exhibition games), Kidder argued.

A second former NFL player, retired Indianapolis Colts center Jeff Saturday, argues in a separate lawsuit he shouldn’t have been taxed at all by Cleveland during the 2008 season because he was injured and not in the city for the days he was taxed.

Cleveland says its interpretation of the law is based on the thing that players are hired to do: play football games.

A case Hillenmeyer uses to bolster his argument involves the late actor Paul Newman’s successful challenge of taxes he paid filming the 1973 movie “The Sting.”

California wanted to tax Newman only for the approximate month he was in California filming, but Newman won an appeal that said he should be taxed at a lower rate because his actual contract — similar to a professional athlete’s season — was 54 days, according to Kidder’s court filing on behalf of Hillenmeyer.

The Ohio Attorney General’s office argues the athlete-entertainer exception in the state tax code is constitutional.

A ruling is expected in a few months.

___

Andrew Welsh-Huggins can be reached on Twitter at https://twitter.com/awhcolumbus.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Business

Oakland City Council Considers Proposal to Limit City’s Highest Annual Rent Hike in History

In Oakland, landlords can raise rents up to 100% of the inflation rate. So, a 6.7% increase in inflation this year means that landlords can raise rents the same percentage. For an apartment rented for $2,000 a month, the 6.7% rent increase would mean that a tenant’s rent would increase more than $100 to $2,134 a month.

Published

on

District 3 Councilmember Carroll Fife introduced a bill to bring Oakland’s calculator more in line with other cities. The law is scheduled for a vote on May 31. If it passes before the current allowable rent hike goes into effect on July 1, then the lower allowable increase will take effect instead.

By Brandon Patterson

Last month, Oakland housing regulators announced that starting in July, landlords would be permitted to raise rents by up to 6.7% — the highest annual increase in the city’s history. The announcement prompted an outcry from renters at City Council meetings and hearings in recent weeks – and calls to local councilmembers.

Now, City Council is considering a proposal to limit the rent increase and give renters, many of whom are already struggling, some needed relief.

In many Bay Area cities, where housing has been an issue for decades, the amount landlords are allowed to raise rents every year is tied to inflation. This stabilizes rents by limiting increases, ensuring more security for renters’ households.

In Oakland, landlords can raise rents up to 100% of the inflation rate. So, a 6.7% increase in inflation this year means that landlords can raise rents the same percentage. For an apartment rented for $2,000 a month, the 6.7% rent increase would mean that a tenant’s rent would increase more than $100 to $2,134 a month.

This deviates from other cities like Berkeley and San Francisco, however, where the annual allowable rent increase is capped at 65% and 60% of inflation, respectively, according to Oaklandside. That means that for the same $2,000 apartment, rents would increase to about $2,087 in Berkeley or $2084 in San Francisco — about $50 less.

Housing justice and tenants’ rights groups have long criticized how differently Oakland calculates its rent hikes from other cities, and earlier this month, District 3 Councilmember Carroll Fife introduced a bill to bring Oakland’s calculator more in line with other cities. The bill would reduce the allowable annual rent increase to just 60% of inflation. It would also cap the allowable rent increase to 3% of the current rent, even if the inflation rate would allow for a higher one.

“I do want to create some security for renters,” Fife told NBC Bay Area in a recent interview. “Oakland is a majority renter city: Over 60% of the residents of the city of Oakland are renters, and it doesn’t make sense to put them in this type of jeopardy.”

“It’s not like we’re coming out of COVID—it’s all around us,” Mark Dias, co-chair of the Oakland Tenants Union, told Oaklandside. “If tenants weren’t able to financially recover from that period of time, they’re also going to be hit with an increase that is legal,” adding that he was “astonished” by the pending rent hike this year.

But some property owners are pushing back, arguing that increases in the cost of operating housing necessitates the higher rent hike. “There has also been an extraordinary increase in everything: water, gas, electric, sewer, repair services, equipment, appliances, plumbing,” Derek Barnes, CEO of the East Bay Rental Housing Association, told NBC Bay Area. “You also have a housing stock that’s older, that really needs a lot of maintenance.”

The law is scheduled for a vote on May 31. If it passes before the current allowable rent hike goes into effect on July 1, then the lower allowable increase will take effect instead.

Continue Reading

Bay Area

Mom and Pop Business Destroyed by Marriott Project

The Thomases have lost their tenants because of the noise and dust. The Thomases’ last remaining tenant, who asked not to be named, says her quality of life has diminished drastically, “I can’t open my windows. The shadow of their building has taken our sunlight and all my plants have died,” she said.

Published

on

Scaffolding at a Marriott structure in Downtown Oakland broke loose March 28, threatening the safety of pedestrians below. Photo by Craig Jones.
Scaffolding at a Marriott structure in Downtown Oakland broke loose March 28, threatening the safety of pedestrians below. Photo by Craig Jones.

By Tanya Dennis

Uncle Willie’s Bar-be-cue, located on 14th Street in Downtown Oakland, continues to struggle to survive the Marriott Hotel construction literally occurring in their backyard. Craig Jones, the son of owners William and Beverly Thomas, says it is a clear example of white power/privilege suppressing Black power and building of generational wealth.

“My parents bought this building in 2005 and have operated Uncle Willie’s for 16 years,” Jones said. “We have four rental units on the top of our store and, in 2017, contracted with The Kingdom Development Group to do a complete teardown and rebuild 24 units of housing, a $10 million project.

“This was my parents’ plan to pass generational wealth to me. Then, in 2018, Marriott started construction next door. We could no longer cook outside in the back because of the dust, danger and filth created by Marriott, and we lost half our tenants,” Jones said.

The Thomases went to the mayor’s office and the Oakland Planning Department seeking help, but nothing worked in their favor. The Planning Department told them to seek legal counsel.

“We’ve lost $2 million in business since Marriott encroached on our property, and all they want to offer us is $58,000, and that’s for future use of our backyard so they can finish the back side of their building. They said if we accept the money, we can’t sue them for any damages, so we didn’t sign and counter-offered for $250,000. We haven’t heard from them since, and that was in January,” said Beverly Thomas.

After Marriott completes the back side of the hotel, their last phase of construction is a four-story parking garage that will be constructed behind the Thomases’ property.

“Our backyard was where we cooked and smoked our food, and, after the pandemic, served our clients,” Jones said. “That’s impossible now, and will remain so, as the Marriott’s 18-story structure has created a wind-tunnel, which makes our property perpetually cold and has blocked out the sun.”

The Thomases have lost their tenants because of the noise and dust. The Thomases’ last remaining tenant, who asked not to be named, says her quality of life has diminished drastically, “I can’t open my windows. The shadow of their building has taken our sunlight and all my plants have died,” she said.

Further, going outside in the backyard can be dangerous. “I fear going into the backyard to perform simple daily tasks like taking out the garbage or doing laundry,” she said. “A metal bit is wedged in my window screen. If not for the screen, that metal piece would’ve broken my window,” she said. (During Jones’ interview with the Post outside his restaurant, a nail hit his shoulder.)

The Post contacted Joshua Bird, Marriott’s legal representative for comment but he declined stating he would get in touch with the Thomases directly, as “Marriott strives to be a good neighbor.” Two weeks have passed and the Thomases have not been contacted.

The Thomases’ attorney Edward Lai sent a cease-and-desist letter to Bird on May 12th and received no response. On Tuesday of this week Lai filed a formal complaint against Marriott.

William Thomas, who passed away in May 2021, died fearing Marriott was going to squeeze his family out of their property. Craig and Beverly Thomas now fear the same.

Continue Reading

Activism

Make Mental Wellness Part of Total Health for Black Communities

The pandemic has propelled health inequity and racism into news headlines and helped spark national conversations about the health disparities that face the Black, Indigenous, and People of Color (BIPOC) communities. The impact of decisions about the treatment we receive or deserve are often driven by racism and the resulting implicit bias that individuals who have sworn to take care of their patients often harbor. And this affects our physical, mental, and emotional health and ultimately health outcomes.

Published

on

These conversations have provided a platform for discussion and opportunities to educate, dispel misinformation and break stigmas. Rhonda Smith, executive director of California Black Health Network.
These conversations have provided a platform for discussion and opportunities to educate, dispel misinformation and break stigmas. Rhonda Smith, executive director of California Black Health Network.

By Rhonda Smith

The next phase of the COVID-19 pandemic in California has arrived. As the state begins to implement its SMARTER Plan, protecting ourselves and our communities from COVID-19 and its fast-spreading variants through vaccination can ensure better outcomes for us all.

Despite mask mandates ending, we must continue to spotlight the importance of keeping Black and African Americans healthy and encourage our community to think about being more proactive about our overall health and well-being. We can start by focusing on our whole selves—our physical, mental, and emotional health.

The pandemic has propelled health inequity and racism into news headlines and helped spark national conversations about the health disparities that face the Black, Indigenous, and People of Color (BIPOC) communities. The impact of decisions about the treatment we receive or deserve are often driven by racism and the resulting implicit bias that individuals who have sworn to take care of their patients often harbor. And this affects our physical, mental, and emotional health and ultimately health outcomes.

A reflection on our historical relationship with the medical community has certainly warranted the level of distrust of the healthcare system, and the many stories of outright racism and discrimination experienced in the past.

One example is Dr. James Marian Sims, who performed surgeries and experiments on Black women without their permission or anesthesia. Another example, which many of us are familiar with, is the Tuskegee Syphilis Study, which was administered by the U.S. Public Health Service from 1932 to 1972 to better understand syphilis.

During the four decades, hundreds of Black men in Tuskegee, Alabama, were injected with the disease without giving their consent; and even once penicillin became a common syphilis treatment, they were left untreated.

Our distrust of the healthcare system has been further shaped by present-day experiences, with many Blacks and African Americans saying they have experienced racism during a medical visit or that their physical pain or discomfort is frequently ignored.

Unfortunately, our healthcare system has often disregarded BIPOC patient needs, and systemic racism has morphed into a true public health crisis. Despite this, as Blacks and African Americans, we have persisted. Our individual and cultural resilience equips us to persevere and survive in a system built on a foundation of discriminatory design.

As part of our culture and heritage, we have relied on an oral tradition that passes on stories about how we should care for ourselves and remedies that heal our ailments. I hear many of these stories through our network and I heard them in my own family. We have relied on our own learnings; and in some instances, we have relied on our faith. And through it all, we have found ways to maintain our health and wellness.

However, we are weathered, and enduring resiliency is hard. If we are not whole, we are not healthy. If we are not healthy, we cannot be resilient.

Resilience is an element of mental health, and our whole health comprises elements of physical, mental, and emotional wellness. This means our whole health needs to be a priority, not only one dimension or another. We must invest in our individual health and wellbeing and make it a priority so that our families, community, and all of us will be healthier and live longer.

We must look to the past to inspire a better future so that we can rewrite our heath history here in California. I appreciate the state’s COVID-19 awareness campaign which has sought to address mental health concerns and other issues that impact us by partnering with African American and Black medical experts and advocates for community conversations.

These conversations have provided a platform for discussion and opportunities to educate, dispel misinformation and break stigmas.

We are not strangers to race-based adversity, and its impact on our health and wellbeing. Racism, health inequities inequity, police brutality, and residential redlining each affect public health in its own unique way. Yet we continue to persevere.

Black History Month was a time to remember our past, honor our heroes, celebrate our great legacy of achievement. The theme for the month this year was “Black Health and Wellness”, and it was meant for us to prioritize total wellness and build a healthier history for us now and for generations to come.

For more about COVID-19, including guidance on masking and testing, visit covid19.ca.gov. You should also visit covid19.ca.gov or the CDC.gov more timely, accurate information about the pandemic. To schedule an appointment for a vaccination or a booster, visit MyTurn.ca.gov, or call 1-833-422-4255.

Rhonda Smith, executive director of California Black Health Network

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending