Downtown newsmagazine | Birmingham/Bloomfield

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OAKLAND CONFIDENTIAL / 28-32 | METRO INTELLIGENCER / 102-103

DECEMBER 2021

REDRAWING DISTRICTS PUBLIC CAN NOW WEIGH IN ON THE SHAPE OF THINGS FOR THE 2022 ELECTIONS

CAMERAS IN THE COURTS: RULES VARY BUT CHANGE AFOOT INSIDE: BIRMINGHAM HOLIDAY SHOPPING SECTION ECRWSS Postal Customer EDDM

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DOWNTOWN12.21

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Redrawing new political districts for the future Voters in 2018 approved a ballot proposal to move control of redrawing the boundaries of the districts for U.S. Congress, state Senate and state House from the legislature to an independent commission. The process is in the final stages now.

LONGFORM

65

Whether or not a camera, a cell phone, or a laptop is permitted inside a courtroom varies, depending on the state, the court and the judge. But the pandemic has changed the rules of the game and now the courts may change.

CRIME LOCATOR

27

A recap of select categories of crime occurring in the past month in Birmingham, Bloomfield Township and Bloomfield Hills, presented in map format.

OAKLAND CONFIDENTIAL

28

Friends in high places; endorsing candidates from the fringe; congressional musical chairs; Slotkin-Barrett dogfight; Mike Bishop may run once more; Manoogian case update; plus more.

MUNICIPAL

75

THE COVER Cover design: Chris Grammer

Two more bistro applications; ADL calls out Baller email; the fatal Woodward crossing; Birmingham election; Adams Park redesign; the Birmingham master plan; plus more.

INSIDE: SHOPPING FOR THE HOLIDAYS IN BIRMINGHAM / PAGE 51


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Alexandra Weitz

THE COMMUNITY HOUSE

90

William Seklar, President and CEO of The Community House, keeps the area updated on what is happening at this iconic local institution.

METRO INTELLIGENCER

102

Gigi Nichols provides readers with quick takes on what is happending in the world of food and drink in the metro Detroit area.

ENDNOTE

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FACES

38 62 73 96 99

Dulcie Rosenfeld

Kegham Tazian

Alexandra Weitz

Karen Austin

Chuck Bigelow

While we reject hateful an anti-Semitic speech, we also caution on being careful with claims that such incidents happen. We also offer our advice on making necessary changes to the Birmingham charter.

SUPPORT DOWNTOWN NEWSMAGAZINE: DONATE AT DOWNTOWNPUBLICATIONS.COM



FOSTERING HOPE FOR THE HOLIDAYS THE BIRMINGHAM SHOPPING DISTRICT PRESENTS THE GREAT DECORATE, a holiday tree decorating contest to raise awareness and funds for local foster teens aging-out of the foster care system. The foster teen recipients will be selected through a partnership with the Michigan Adoption Resource Exchange (M.A.R.E.). Each year in the United States, more than 250,000 children are placed in foster care and over 26,500 age-out, including 1,700 in Michigan alone. STARTING NOVEMBER 18TH, visitors can view magnificent, beautifully decorated trees in restaurants and retail locations throughout downtown Birmingham and vote for their favorite tree by donating online. 100% of donations will go directly to local foster teens to use toward their future when they turn 18.

November 18 - December 31

FOR MORE INFORMATION VISIT THEGREATDECORATE.COM

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PUBLISHER David Hohendorf NEWS EDITOR Lisa Brody NEWS STAFF/CONTRIBUTORS Hillary Brody Anchill | Tracy Donohue | Kevin Elliott | Stacy Gittleman Austen Hohendorf | Jennifer Lovy | Jeanine Matlow | Gigi Nichols | Bill Seklar PHOTOGRAPHY/CONTRIBUTORS Esme McClear | Laurie Tennent | Chris Ward Laurie Tennent Studio ADVERTISING DIRECTOR David Hohendorf ADVERTISING SALES Mark Grablowski GRAPHICS/IT MANAGER Chris Grammer OFFICE 124 W. Maple, Birmingham MI 48009 248.792.6464 DOWNTOWN NEWSMAGAZINE GOALS/MISSION The personnel at Downtown Newsmagazine bring a special commitment to the publishing effort, reinvesting in the local communities and working to make sure the Birmingham/Bloomfield area reaches its highest potential. Our mission dictates that we strive each month to provide a solid news and advertising product that local residents look forward to reading. Our goal is to build a community of informed citizens through the efforts of our passionate team. We are innovators producing products that go well beyond what others offer. Downtown Newsmagazine captures life in the local communities through coverage of major municipal and school issues, personality profiles, the latest news from the business community and political gossip/news. We also devote considerable effort each month to address major issues facing local residents through our longform story-telling efforts, further setting us apart from others competing for readers' attention. DISTRIBUTION/SUBSCRIPTIONS Mailed monthly at no charge to most homes in Birmingham, Bloomfield Township and Bloomfield Hills. Additional free copies distributed at high foot-traffic locations in Birmingham/Bloomfield. For those not receiving a free mail copy, paid subscriptions are available for a $15 annual charge. To secure a paid subscription, go to our website (downtownpublications.com) and click on “subscriptions” in the top index and place your order online or scan the QR Code here.

INCOMING/READER FEEDBACK We welcome feedback on both our publication and general issues of concern in the Birmingham/Bloomfield community. The traditional “letters to the editor” in Downtown are published in our Incoming section and can include written letters or electronic communication. Opinions can be sent via e-mail to news@downtownpublications.com or mailed to Downtown Publications, 124 W. Maple Road, Birmingham MI 48009. If you are using the mail option, you must include a phone number for verification purposes. DOWNTOWN NEWSMAGAZINE

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OAKLAND CONFIDENTIAL Oakland Confidential is a periodic column of political gossip/news, gathered both on and off-the-record by staff members at Downtown Newsmagazine. We welcome possible items for this column which can be emailed to: OaklndConfidential@DowntownPublications.com. All sources are kept strictly confidential. The gossip column can be viewed at OaklandConfidential.com where you can sign up to receive updates via email.

FRIENDS IN HIGH PLACES: When looking to get support for a leadership position, it doesn’t hurt to know people in high places. State Rep. Matt “Mad Dog” Maddock (R-Milford) really, really wants to be the next leader of the state House – so badly, he’s turned to the Big Dog of the current Republican Party himself, former President Donald Trump, who recently issued his endorsement. “I am with you all the way,” Trump appeared to have handwritten on a copy of a Detroit News story about “Outspoken Trump backer Matt Maddock running for Michigan House leader. “And you have a great MADDOCK wife,” Trump wrote, along with is signature, in his classic Sharpie. Maddock’s wife is Meshawn Maddock, co-chair of the Michigan Republican Party. The couple are staunch Trumpsters, having assisted the former President in attempting to overturn 2020 Michigan election results, including unsuccessfully attempting to seat an “alternate slate” of electors but were denied entry into the Michigan Capitol. They both attended the January 6 rally, but left prior to the insurrection. Maddock thanked Trump on social media, writing, “We won’t let you down.” It’s too soon to know if the Republicans will win control of the state House in the 2022 election, after dominating it for decades. With redistricting in the hands of an independent commission, Democrats are hopeful they can flip control. If so, HALL Maddock’s efforts would be for naught. Even if the GOP retains control, there are three other candidates for the House leadership spot, including state Rep. Matt Hall (R-Marshall) who claims that he already has the backing of 15 other state Reps. Hall out raised Maddock by well over $100,000 in the last quarter and is considered the favorite for the post.

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THE FRINGE ON THE TOP: Trump is keeping his track record solid in terms of supporting more fringe candidates, which “elevates them within the conservative movement and gives them cachet,” as Vice magazine points out, as he seeks relevancy by endorsing candidates around the country – most notably those with connections to murky QAnon association. In Michigan, he has endorsed QAnon candidate Kristina Karamo, who is running to be Michigan’s next Secretary of State. Also running, at this point for the Republican nod, which is chosen at the party’s state KARAMO convention, is state Rep. Beau LaFave (RIron Mountain), Cindy Berry, Chesterfield Township Clerk, and Cathleen Postmus, Plainfield Township Clerk. Whoever wins the Republican Party’s nod will face Secretary of State Jocelyn Benson (D) in the general election. But will the backing of the tin foil hat crowd be enough to put Republicans over the edge with Trump’s BENSON choice of a QAnon character? “Trump is less concerned about whether these candidates support QAnon than he is about whether they support the Big Lie, and whether they will be in a position to help him if he decides to run again,” Amarnath Amarasingam, a QAnon and political extremism expert and professor at Queens University in Canada said in Vice. MUSICAL CHAIRS: The Michigan Citizens Independent Redistricting Commission has released its sets of maps for the next decade for Congress, state Senate and House, and sitting members of each chamber, as well as candidates, are jousting to see where they could land in the new configurations. One possible hiccup for Congress is that with the 2020 Census, as expected, Michigan has lost one congressional seat. Barring DOWNTOWN

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someone deciding to retire, that means that when the music ends, one congressional chair will be pulled away and two folks will be fighting over the same district. Some prognosticators reading the map see Rep. Brenda Lawrence (D-Detroit, Southfield, Farmington Hills, West Bloomfield) duking it out with Rep. Haley Stevens (D-Birmingham, Bloomfield Hills, Troy, western Oakland and Wayne counties), as the new maps seems to have their districts overlapping, or Lawrence and Rep. Rashida Tlaib (D-Detroit, Dearborn), or Tlaib and Rep. Debbie Dingell (D-Dearborn Heights) KILDEE going for broke. Dingell has said she’ll likely head over to Ann Arbor to avoid any tussle with Tlaib. A top Democrat believes it will be Rep. Dan Kildee (D-Flint) v. Rep. John Moolenaar (R-Midland), as Flint and the thumb region have been put in the same district in most maps. “And Kildee will beat Moolenaar,” the Dem party pooh-bah said. As for Rep. Andy Levin (D-Bloomfield Township, Royal Oak, Ferndale, Sterling Heights, Warren, Roseville), rather than tackling Stevens for Oakland County’s turf, “Andy will be fine and has been working Macomb very hard in anticipation of this – and he’ll win it.” Rep. Elissa Slotkin (D-Rochester, Rochester Hills, northern Oakland county, parts of Livingston and Ingham counties) has stated she intends to run in a Lansing-based district. SLOTKIN-BARNETT DOGFIGHT: Don’t think for a moment that Elissa Slotkin will have a free ride in 2022 just because she is choosing to run for re-election in the liberal leaning Lansing/East Lansing area. Just after the latest maps for the new congressional districts were released, state Senator Tom Barrett ( R-Charlotte), a constant critic of Gov. Whitmer Whitmer, announced he would be running for Congress. As an army vet with 21 years of service – including a number of tours in war-torn countries – and current National Guard member, his bona fides would start to balance out against Slotkin’s international intelligence work (CIA) in two past administrations of both a Republican and Democrat president. Remember, Barrett in 2014 knocked off a sitting state House Democrat and BARRETT then ran for the Senate from this general area. Slotkin won by only four points in her last election run. Barrett filed his committee statement with the FEC on November 10 and announced on November 15, still sitting with cash on hand of $75,488 from his last campaign, although Slotkin raised over $832,000 in the most recent reporting period and has gathered $2.7 million in this election cycle, leaving her with $3.76 million cash on hand. NINE LIVES: Speaking of new districts for Congress, word has been circulating in recent months that former U.S. House member Republican Mike Bishop from Rochester may try to revive his political fortunes in the 2022 election, after losing in 2018 to Slotkin who likely won’t be running in the Oakland area again. Bishop has actually confirmed to a reporter that another run could be in the offing. An attorney, Bishop served in Congress starting in 2015 after serving in the Michigan House and Senate. Depending on the shape of the final district map, Bishop could be challenging Democrat BISHOP incumbent Haley Stevens. REASONABLE DOUBT: “We are unable to prove the case beyond reasonable doubt.” So said Sarah Pulda, Ingham County Prosecutor, when announcing that their office would not be charging Macomb County Rep. Steve Marino (R-Harrison Township) of domestic abuse against state Rep. Mari Manoogian (D-Birmingham, Bloomfield Hills, Bloomfield Township). The two had a romantic relationship in 2019 and after they broke up, Manoogian filed a complaint with Michigan State Police in 2021 that Marino threatened and harassed her for months, sending her threatening texts, berating her, using profanity and intimidating her. She was issued a personal protection order against him, and state House Speaker Jason Wentworth (R-Farwell) stripped Marino of all of his committee appointments, and he is only allowed to vote on the house floor as long as he is supervised by sergeants at arms. Pulda confirmed that the state

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DOWNTOWN

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BANKING IT: Noah Arbit, a Democratic candidate for state Representative for West Bloomfield, may or may not be facing incumbent state Rep. Ryan Berman (R-West Bloomfield, Commerce Township) in ‘22, depending on if Berman succeeds in his quest to be chosen as his party’s nominee for attorney general. What Arbit will have is some serious dough in the bank. Ahead of the October 25 campaign finance filing deadline, he announced he had raised a total of $71,277 from 358 contributors, and no dollars from any PACs. To his delight, the greatest amount of contributions came ARBIT from West Bloomfield residents themselves. “Our record breaking first quarter makes clear that this district is energized and ready to send fresh, new leadership to Lansing,” Arbit said. In addition, he received endorsements from West Bloomfield officials, including Supervisor Steve Kaplan, Treasurer Teri Weingarden, and township trustees Jonathan Warshaw and Diane Rosenfeld Swimmer. 2022 CAMPAIGN SPIGOT: State Rep. Mari Manoogian’s announced Republican challenger Anthony Paesano made a splash in late October when the quarterly fundraising reports were due at the office of the SOS, touting how in his first quarterly report in this election cycle he had raised $65,545, which at first blush may seem like a major haul. On closer look, however, it appears Paesano lent his campaign $30,000. At the end of the reporting period, his committee had $50,239 on hand. And by the way, his campaign received a $2,000 donation from the leadership pack of Milford Rep. Matt Maddock, PAESANO who is seeking support for his drive to be become House leader. As for Manoogian, she raised $19,415 this election reporting period. On a cumulative basis for the election cycle, the second-term House member has put together $60,695 and has $59,554 on hand at the end of the reporting period. Over on the Senate side for the local area, Sen. Rosemary Bayer (DBloomfield Township, Beverly Hills, Bingham Farms, Franklin, Pontiac, Lake Orion, Clarkston, Independence Township) collected $38,000 in contributions in this reporting quarter, for a cumulative total for this election cycle of $158,261 and $100,420 on hand. Sen. Mallory McMorrow (D-Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Rochester Hills) raised $25,077 this reporting period, for a total of $141,240 for the election cycle, with $70,218 on hand. NOTHING SACRED: Although elections for the Birmingham City Commission have always been non-partisan, that did not stop the Oakland County Republican Party from issuing endorsements one day ahead of the November 2 balloting this year. The website for the county Republicans carried a section with a list of party endorsements of candidates in many county races for the November election – partisan and non-partisan contests. Then a missive from GOP county chair Rocky Raczkowski made its way into followers’ email boxes the day ahead of the Birmingham election and basically provided the RACZKOWSKI endorsements labeled “Oakland Republican Party Municipal Recommendations.” The party email listed four candidates (Lynda Schrenk, David Bloom, Andrew Haig, Steve Konja) and told readers to vote for “no more than three.” One former Birmingham city commissioner reports that he reached out to Rocky to find out why the party was getting involved in a nonpartisan race and was told that the Democratic party had endorsed (three other candidates in the race), so the GOP at the county level thought it should do the same. Oakland Confidential reached out to the local Democratic club and an officer responded that neither the local club, nor the county Democratic party, had issued endorsements. In fact, the website for the county Democratic party also carries a disclaimer saying that “OCDP rules do not authorize local endorsements.” Hmm.

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FACES Dulcie Rosenfeld orn in Detroit and raised in Birmingham, Dulcie Rosenfeld made a lifetime commitment to community service that earned her plenty of recognition along the way. Her positive impact felt around the region comes from her caring, kindness and can-do spirit. For her, one of the most significant acknowledgments was the Fred M. Butzel Award, the Jewish Federation of Metropolitan Detroit’s top honor, which she received in 1995. This year marked another special moment when she was honored by the Jewish Federation Women’s Philanthropy as the Detroit recipient of the Kipnis-Wilson/Friedland Award. Her latest honor recognizes Women of Valor for their contributions. “It’s a lovely award,” she said. After helping countless others through many organizations for more than seven decades, Rosenfeld, who lives in Bloomfield Hills, holds Gleaners Community Food Bank of Southeast Michigan especially close to her heart. “It became my main concern in the early ‘90s that came to me because I knew women in corporations,” she said of her networking know-how. At the time, there were no women on the board and they needed better fundraising efforts. After reading a New York Times article about a breakfast that raised money for a New York City food bank, she decided to give it a try and the Women’s Power Breakfast was born. “We did it cold,” said Rosenfeld. “We took out our rolodexes and worked together with everyone’s telephone lists and address books and it was held at The Detroit Club.” For the first event, 120 women showed up for an early morning breakfast. “We made sure they could be out by 9:00 to get to the office or wherever they had to go,” she said. The event raised $1,500 with generous patron Irma Elder rounding up the amount for the final tally. Raising awareness is part of the process. “If you make people aware, they help. It’s as simple as that.” Back then, the event was nothing fancy. “You could mingle with fellow givers and we had a very nothing breakfast,” she recalled. “Over the years it became more elaborate. There have been so many iterations and variations.” Now in its 28th year, the breakfast has raised more than $3.5 million for Gleaners’ mission to end childhood hunger. Rosenfeld’s many other roles include her involvement with the Wayne State Theatre, the Detroit Historical Society and numerous Jewish agencies, like the Jewish Community Center and Jewish Vocational Services. She was introduced to the world of giving early on. “My father was a pharmacist and the Jewish pharmacists had a social organization that was charitable. They wanted to raise money for causes.” Rosenfeld also credits her late husband Norman for his support and his ties to the Motor City. “My husband was a very wonderful man. He had a great business, Sibley’s Shoes, and they had a very close connection to the city of Detroit and so did I,” she explained. “We moved to the Riverfront Apartments when they opened in the ‘80s, and we lived there until he retired. I felt a very strong loyalty to the city. I love the historical society and the DIA, and I am enamored of other neighborhood groups. “One of the best things that ever happened to me was meeting my husband,” said Rosenfeld. Three of their four children live in California, where she spends part of the year. Of all her achievements, her kids top the list. “They are all healthy and contributing outstanding citizens. They are loving and they love each other.” She also adores her four grandchildren and one great-grandchild. Though she never pursued a professional career, her successes are many. “I never made a buck, but I sure gave a lot away,” she said.

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VOTERS IN THE DRIVER'S SEAT: MICHIGAN INDEPENDENT CITIZENS REDISTRICTING COMMISSION TAKES OVER BY LISA BRODY


A

large cross-section of Michigan voters in 2018, 62 percent, from the tip of the northern Upper Peninsula to the Ohio border, approved a ballot initiative prepared in advance of the 2020 decennial census, to move control of redrawing the boundaries of the districts for U.S. Congress, state Senate and state House from the state legislature to an independent commission made up of ordinary citizens who would listen to people of the state as they went through the process, and then draw maps to reflect what they learned. This is a process which occurs every 10 years, and affects both citizens and politicians for the subsequent decade, determining who represents voters in Washington D.C. and Lansing. However, in the past, it was done by whichever political party was in power, behind closed doors, which for the last several decades has been the Republican Party, including in 2011, when Republicans held the governor's office, the state Senate and state House. To many, that led to seriously imbalanced districts and ones which were drawn to protect those who were in office, or to maintain Republican control. This in a state where voters have been increasingly casting actual votes for Democrats, flipping some long-held Republican congressional seats and voting in a Democratic slate for governor, secretary of state and attorney general in 2018 – but where Republicans have kept a stronghold on the majorities of both the Senate and the House thanks to gerrymandering. The goal of the ballot initiative was to eradicate – or at least lessen – partisan gerrymandering, which is the manipulation of political boundaries of an electoral constituency in order to favor one political party over another, providing a long-term unfair advantage to one party over another before even one vote is cast. The other goal was to do the work in public with complete transparency, rather than behind locked doors, by a commission comprising four Republicans, four Democrats, and five people with no political affiliations – people who classified themselves as Independents. For the most part, the transparency goal was reached, but not completely. In 2020, before the U.S. Census was even complete, more than 6,200 Michiganders applied to be a part of the Michigan Independent Citizens Redistricting Commission, with 200 becoming semi-finalists for the 13 final positions by the end of June 2020. By fall of 2020, the new commission had engaged in a learning and listening tour throughout the state, and then embarked on learning communities of interest, the federal Voting Rights Act, partisan fairness and other strict guidelines of the new constitutional amendment which led to its creation, and which would culminate in newly drawn district maps, which were released on Friday, November 5, for Congress, state Senate and House. The public now has 45 days to comment and critique them before the commission reconvenes and votes to approve a new set of maps on December 30, 2021.


The goal of the ballot initiative was to eradicate – or at least lessen – partisan gerrymandering, which is the manipulation of political boundaries of an electoral constituency in order to favor one political party over another, providing a long-term unfair advantage.

If they are approved and finalized, they will be the official districts for the next decade, until the next decennial census is complete in 2030. Michigan is not the first state to rely on ordinary citizens to undertake redistricting, and it is a trend gaining so much traction, it is included as an important provision in the federal Voting Rights Act, known as the For the People Act, which has not passed the U.S. Senate, although it did pass the House of Representatives. Currently, 11 states have some kind of an independent redistricting commission – in addition to Michigan, California, Arizona, Washington, Idaho, Montana, Colorado, Iowa, Virginia, Hawaii and New Jersey all have independent panels tasked with redistricting operating outside of their state legislature’s purview. Arizona was the first state to create an independent redistricting commission, in 2000, following voters’ approval of Proposition 106 “to create a bipartisan commission independent of the state legislature that would be tasked with redrawing congressional and legislative lines following the decennial census.” The commission is made up of 15 members – five Democrats, five Republicans, and five Independents. Their state Constitution also specifies that members cannot have held leadership as an officer in any political party, or as a lobbyist, for three years prior to serving. The California Citizens Redistricting Commission was established following the 2008 passage of California Proposition 11, which became responsible for determining boundaries for state Senate and state Assembly, and Board of Equalization, and in 2010, after passage of Proposition 20, it added responsibility for the maps for U.S. Congress. It consists of 14 members: five Democrats, five Republicans, and four from either major party. The commission has been criticized by some politicians because “many safe seats in the legislature could become competitive,” according to Evan Halper and Richard Simon in the LA Times. Which is exactly the point. “This is so much better,” said state Sen. Rosemary Bayer (DBloomfield Township, Beverly Hills, Franklin, Bingham Farms, Pontiac, Auburn Hills, Lake Orion, Clarkston, Independence Township). “So many Democrats flipped seats in 2018, and there was no way for the (state) Senate and House to flip unless the lines were redrawn. When they’re gerrymandered, the politicians don’t even have to work anymore to represent the voters.” Nick Stephanopoulos, who specializes in redistricting and election law at Harvard Law School, agrees. “When politicians draw maps, it serves their interests and not their citizens,” he said. “Michigan is an example. It’s a slightly blue state that has a red stranglehold. “Michigan is close to a worse-case scenario,” stated Stephanopoulos. “There is a distinct mismatch between a Democratic electorate and a Republican legislature, between a public that keeps electing Democrats and a legislature that is gerrymandered Republican.” “Certainly a lot of people believe independent commissions are the way to go, so they’re keeping an eye on Michigan this year, to see if a redistricting commission can work,” said Michael Li, redistricting expert, Brennan Center for Justice at New York University Law School. “Michigan is a key focus because their districts were really gerrymandered.” California’s original electoral district maps, in 2011, were overwhelmingly approved by the bipartisan commission, yet received a series of legal challenges. However, the California Supreme Court ruled unanimously three separate times in favor of the commission’s maps, finding them in compliance with both the U.S. Constitution and the California Constitution, and they took effect in time for the 2012 California primary. According to the Public Policy Institute of California, “California now has some of the most competitive districts in the nation, creating opportunities for new elected officials.”

In 2015, the two independent commissions were buttressed when the U.S. Supreme Court upheld Arizona’s 2010 redistricting in Harris v. Arizona Independent Redistricting Commission, in which the court held that the one-person, one-vote principle under the Equal Protection Clause of the Fourteenth Amendment allows a state’s redistricting commission slight variances in drawing legislative districts provided the variance does not exceed 10 percent. “We looked at California and Arizona’s commissions, we got to be a friend of the commissioners in those states, and we looked at best practices,” said Nancy Wang, executive director, Voters Not Politicians, the grassroots group behind the successful 2018 ballot initiative to amend Michigan’s Constitution. “You can recognize some of the characteristics of the California act that we thought would apply to Michigan, but there is a huge difference in how the Michigan commissioners apply and are selected. It’s totally random here. There was no single body here or officials that were trusted to be insulated to be impartial or not political. In California, there’s a solicitor general. We have one too, but it’s not impartial. “We had to craft a unique proposal,” Wang said, noting that certain aspects, such as communities of interest are in Arizona, California and other states, and they felt having an odd number of commissioners and other criteria was important. Wang, like many other political figures, political scientists, political consultants – and lots of regular folks – have been avidly watching the machinations of the Michigan Independent Citizens Redistricting Commission as they have gone through the process of listening, learning, drawing maps, a series of required public hearings, and then tweaking the maps before their release on November 5. Without a doubt, there have been growing pains and some difficulties. But most do not believe it has been a futile exercise and are certain that by the time 2022 rolls around, the major effort will prove to be not only worthwhile, but a great improvement over the current maps. “It’s been crazy in many predictable ways,” noted David Dulio, director of Oakland University Center for Civic Engagement and a political science professor. “Those who are paying attention are realizing that drawing maps are difficult. Any kind of line drawing is ripe for criticism.” “We should celebrate some things, like the commission has not been particularly partisan. There have been conflicts, but not on partisan grounds. The hearings have been public. The drawing process has been public, and the public has been able to see the changes. The maps have all had some improvements from previous maps and will score significantly better on partisan criteria than previous maps,” said Dr. Matt Grossman, director, Institute for Public Policy and Social Research, which does redistricting analysis reports, and professor of political science, Michigan State University. “The not so good?” Grossman asked. “There’s been a real struggle with the Voting Rights Act,” noting issues with “unpacking,” or not concentrating all African American voters into districts contained in the city of Detroit, but working to maintain a majority while spreading districts into suburban areas. “The commission has been following their attorney and consultant’s perspective, which is a fairly idiosyncratic interpretation of the Voting Rights Act and African American interests. It’s based on data that is incomplete. The analysis is, would an African American preferred candidate win in a district. The harder analysis is could the African American preferred candidate win the Democratic primary? Many of the districts are drawn from Detroit out to the suburbs.” Oakland University political science professor John Klemanski said, “I think there’s been a lot of growing pains. It’s the first time it’s been done differently from the old way. It’s been transparent. They spent a lot of time looking at the implications of drawing the lines and the implications of the Voting Rights Act. The software tells you the percentage of African Americans in a district and it will red flag you if there is too much or too low. They spent a lot of time


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Michigan is close to a worse-case scenarios. There is a distinct mismatch between a Democratic electorate and a Republican legislature, between a public that keeps electing Democrats and a legislature that is gerrymandered Republican.

just on that issue – and rightly so, it’s the first issue they have to watch for, that will impact minority voters. “When you take something public that was private, and you see all the warts – and there were warts – they’re (commission members) all private citizens, they’re not savvy about all of their decisions, and they have invited people all along to provide feedback, to draw maps – it’s like hyper-pluralism,” Klemanski noted. “As a teacher of Michigan politics, I say it’s easy to criticize. In California, a lot of the reaction to the first time was disappointment. There will always be someone disappointed, but I don’t think the average person will be terribly disappointed. The commission has tried hard to make each district balanced in a partisan way – when you do that, you can end up with a district that looks squiggly and gerrymandered, and a casual observer of the maps may think they’re gerrymandered. The intent is to create some semblance of partisan balance.” “The promise of a commission is a more fair map that does not gerrymander. The notable thing about the Michigan commission is that not only do they have to not gerrymander, but an affirmative, fair partisan requirement is for good and not for evil,” said Harvard Law’s Stephanopoulos. He said the commission has done “a pretty good job in following Michigan and federal law. While not perfect, they are a huge improvement over the previous incarnation. It’s not just the 2010 maps that were skewed – so were the 2000 maps, all the way back to at least the 1980s.” “It’s not uncommon to have pains when starting a redistricting commission, especially when coming from gerrymandered maps.” noted the Brennan Center’s Li. “In California, they were widely panned, and then the commission did what they had to do – they came up with really good maps. “It’s very hard for people to say what they want in the abstract,” Li said. “It’s like redesigning your house. Until you have the designer come in and show you what didn’t work or what new options there are, you don’t know what you could do or what you want to live with. The redistricting commission, they’re doing it out in the open – before, you didn’t know what happened. It was a secret closed door process, where one party was shut out. Now, everyone has their say – as they should – these maps will be used for 10 years. But there are important legal issues, and there is some dispute as to what they have to include. If they get it wrong, there are remedies. There could be lawsuits. However, when a redistricting commission draws maps, the lawsuits get dismissed much quicker. “The thing about commissions is, they don’t necessarily get the maps exactly right – but they don’t do wholesale discrimination,” he continued. “They’re in the ballpark, and their intent is there. So the fixes are more tweaking, generally.” The Michigan Independent Citizens Redistricting Commission had strict constitutional responsibilities set forth by both federal law and new Michigan constitutional requirements set forth by the approved ballot proposal. Before drawing any lines, the commission was required to hold at least 10 public hearings. Per the Michigan Constitution, the purposes of the hearings were to: inform the public about the redistricting process; share the purpose and responsibilities of the commission; and solicit information from the public about potential redistricting plans for the state’s Congress, House and Senate districts. The Michigan Constitution outlines the specific criteria and procedures the commission must use when proposing and adopting a redistricting plan, listed in priority. The first is that “districts must be of equal population as mandated by the United States Constitution and shall comply with the Voting Rights Act and other federal laws.” Second, districts shall be “geographically contiguous.” Third is communities of interest. “Districts shall reflect the state’s diverse population and communities of interest. Communities of interest may include, but shall not be limited to, populations that

share cultural or historical characteristics or economic interests. Communities of interests do not include relationships with political parties, incumbents or political candidates.” MSU’s Grossman felt there was a lot of problems with what the public submitted with communities of interest, and how the commission viewed them. “The public used communities of interest as a launch to design their own districts,” he said. “The commission used them as who people want – and don’t want – in their districts. It’s an invitation for homogenous districts. There has been partisan disputes also, because Democrats are more concentrated in the state. You can’t draw a Republican district that is as Republican as the Democratic districts. It’s easier to pack Democratic districts than Republican districts because Republicans are more spread out.” Fourth, “Districts shall not provide a disproportionate advantage to any political party,” followed by, “Districts shall not favor or disfavor an incumbent elected official or a candidate.” “We learned that if you put partisan fairness above communities of interest, then communities of interest would be disregarded,” said Wang of Voters Not Politicians. “We keep making the point to the commission that you can have all the aspects included – you can respect communities of interest and strive to not deprive partisan fairness at the same time. Even if you don’t get everything you want, then we hope you appreciate what it took to get there. You just have to respect the process.” Lower on the list than on previous redistricting endeavors, “Districts shall reflect consideration of county, city and township boundaries,” followed by “districts shall be reasonably compact.” A series of public hearings was required following the development of plans for each type of district, where comments were heard. “The vast majority of comments are complaints,” noted Oakland University’s Dulio, who pointed out that a lot of the districts “are funny looking – which if the legislature had drawn these they would definitely had been criticized for it. The public comments show the public thinks these maps are gerrymandered. “From the ‘90s onward, the states were encouraged to do racial gerrymandering, to create those majority/minority districts,” he said. Now we’re seeing the commission being criticized for ‘unpacking’ the districts, when that is what some called for. When you ‘unpack,’ you are ‘cracking,’ to some degree.” “We would call it cracked if it is 49 percent Black, and many (on the commission) are saying they’re complying with the Voting Rights Act if its 39 percent Black they’ll say it’s 14 percent Hispanic,” said Bob Chunn, president and co-founder, RelA2ve, which does software solutions for redistricting in Michigan, and NextVote, which is working with nonprofits in the state on communities of interest. “We simplify all the information and put it in front of people and point out the problems… I would have started with the highest level of criteria, getting the population in balance for the districts.” He said many communities of interest “did not get their interests out before the commission,” and therefore were separated in districts. The two major political parties view the process through different lenses – but are both disappointed with the process, although for different reasons. Lavora Barnes, chairwoman, Michigan Democratic Party, feels “they miss the mark of what the maps were required to reflect. The commission started without it taking partisan fairness or the Voting Rights Act into account, and then started looking at it – after the first maps were drawn. Now they’re trying to tweak it and get them right.” Subsequent maps did take those concerns into account. “Many areas the commission needs to work on and need to reflect are the changes that have happened in the last 10 years,” Barnes noted. “You have to throw out the old districts, and you can’t go by what you thought you knew, but what you actually do know about them.” Rocky Raczkowski, chair of the Oakland County Republican Party,


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New Oakland County commission map By Lisa Brody

edistricting, or reapportionment, for the Oakland County Board of commissioners followed a different process than for Congress, state Senate and House. Five members of the board of commissioners, including Chair Dave Woodward, a Royal Oak Democrat, sat on an ad hoc reapportionment committee to establish the county's districts. Along with Woodward, three of the five committee members were Democrats – only commissioner Eileen Kowall, of White Lake, and Mike Spisz of Oxford are Republican. Currently the board of commissioners has a one-vote Democrat majority, 11-10. Following approval of the recommended map, Woodward's Reapportionment Map Plan A 3, the entire board was required to finalize and approve it, which they did on Tuesday, November 9, by a bipartisan vote of 14-7. It was then sent to county clerk Lisa Brown, who was to send it to the Michigaan Secretary of State's office. There is 30-day window for the map to be challenged before it is finalized. Prior to 2012, elected heads of county offices drew maps and voted on them to determine county commission districts. That changed when former Oakland County Executive L. Brooks Patterson changed the process in a bit of political maneuvering to prevent the heads of elected office – who at that time were primarily Democrat – from drawing Democrat-favored maps. Then-Gov. Snyder signed into law Public Act 280, which stated that counties with a population of 50,000 or more would be prohibited from having more than 21 commissioners, while those with fewer than 50,000 people would be permitted to maintain the same number of commissioners that they had. At the time, Oakland County, which had 25 commissioners, reduced it down to 21, with a majority of them Republican. That majority held until 2018, when Democrats took a one-seat majority. The new map is redrawn to have 19 districts, which Woodward said is to accommodate population deviations and lower the differences between the highest and lowest districts, with a target population of 67,073. It was not the only map presented to the ad hoc committee – besides revisions to Woodward's map, committee members Eileen Kowall and Michael Spisz submitted maps, neither of which were voted on. According to the Municipal Research and Services Center of Washington, “counties are complex organizations governed by 11 elected officials, or more, and overseen by a commission that acts as the executive, legislative, and judicial branches of government at various times. The job of commissioner is, therefore, necessarily complex. Commissioners must understand each level of their responsibility to effectively lead a county… they oversee county activities, approve budgets and work to ensure that citizen concerns are met, federal and state requirements are fulfilled, and county operations run smoothly. County commissioners spend a lot of time working with and representing people.” “The map is more equal than the maps adopted 10 years ago, and

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this map includes three minority/majority districts,” Woodward said. “With this consolidation of communities, there's a decrease in seats, but we're doing our best to minimize community breaks. We started the decade with a population in Oakland County of 1.2 million, and in 2020, we'd grown to 1.27 million, but most of that population growth is in the southwest portion of the county.” Woodward said the motivation to reduce the number of commissioners from 21 to 19 was to save money, have more efficient government, and “still leaves Oakland County with the largest public body outside the state legislature. Commissioner Chuck Moss (R-Birmingham, Bloomfield Township, Bloomfield Hills) does not support the new map. “The map speaks for itself. In no way does it keep communities of interest together. Pontiac is cut in half. Bloomfield Township is cut in half. Birmingham is in a small sliver and goes all the way down to Huntington Woods and Ferndale. I love Ferndale, but Birmingham has nothing in common with Ferndale,” Moss said. “It's an obvious gerrymander. It ignores communities of interest. “In one district, three Republican commissioners are put together, in another, two Republican commissioners are. No Democratic commissioners are put together,” he said. “I'm not going to vote for Birmingham and put them in a weird gerrymander.” In Woodward's approved map, while Bloomfield Township is not exactly cut in half, without a doubt Moss' current district has been reconfigured. Birmingham is now in District 1, with part of Royal Oak, Berkley, Huntington Woods and Ferndale, traditional Democrat majority districts. The majority of Bloomfield Township are all of Bloomfield Hills is in District 11, along with the eastern half of West Bloomfield and Orchard Lake Village. A portion of the southern part of the township is in District 18, with Southfield, Franklin, Bingham Farms and Beverly Hills. The western and eastern portions of northeast Bloomfield Township are in District 9, with Pontiac. Pontiac is not cut in half – but a third of it is carved out to put it with West Bloomfield, Waterford, Keego Harbor and Sylvan Lake. Kowall's map also reduced the number of commissioners to 19, but maintained more contiguous communities of interest in drawing its boundaries, such as keeping almost all of Birmingham, Bloomfield Hills and Birmingham together in one district, District 15, and Pontiac is whole, with Auburn Hills. White Lake and half of Waterford comprise one district, District 14, while the rest of Waterford is with West Bloomfield, Lake Angelus, Keego Harbor and Sylvan Lake. Royal Oak, Berkley and Lathrup Village are in one district, District 9, while Huntington Woods, part of Southfield and Ferndale make up District 17. Spisz's map kept the number of commissioners at 21, and split many of the communities of interest, such as Bloomfield Township, which would have been in three different districts, as would have Troy and Farmington Hills. Tiny Walled Lake and Hazel Park would have each been in two. “The economic power of Oakland County powers the state, and I am impressed that it will continue for the next decade,” Woodward said.



It's very hard for people to say what they want in the abstract. It's like redesigning your house. Until you have the designer come in and show you what didn't work or what new options there are, you don't know what you could do or what you want to live with.

said the commission process “has been a colossal disaster. The Democrats caused it because they wanted to socially engineer elections. We’ve always had the legislature draw maps… We’ve always had (Bernie) Apol standards, which took into account compactness of the district, contiguity, community of interest, and most importantly was the least amount of county, city and township lines broken….There was always gerrymandering.” Following the release and publishing of the maps for Congress, state House and Senate on November 5, there is now a period of at least 45 days for public comment. To adopt a final redistricting map, each must be approved by a majority vote of the commission that includes at least two Republican members, two Democrat members, and two commissioners who do not affiliate with either party. “I would have thought the commission would have been more responsive to public feedback than they have been, especially based on our study.,” Grossman said. “I think they’re erring on the side of (being) out of compliance (of the Voting Rights Act), because we’ve spread the African American districts out too far. We’re clearing on the side of cracking, and we could move quite a bit on the side of packing before we risk actually packing. “It’s harder to change the maps now,” Grossman said. “They want the comments to be which of the maps are best, but they’ve made the maps very similar. In our report, we hardly find much deviation between their maps. “I think the commission maps will move forward because the process has not been that partisan. But they obviously knew they’d face litigation, and that seems likely,” he said. Wang of Voters Not Politicians expect there will be lawsuits no matter which maps are chosen. “Absolutely,” she said. “It’s unfortunately the times we’re in. However, no map approved by an independent commission has been overturned, in contrast to many, many legislative maps that have been overturned for racial gerrymandering, for example.” “It’s better this way than by the legislature because these commissioners have gone around the state twice and listened to the public and heard what they had to say. We’ve seen them make changes to the maps based on what they heard,” Chunn said. “In the past the maps couldn’t be looked at right away, and now I can look at the maps and tell you which way they lean. There’s a lot of growing pains. Anything good takes some growing. It’s not going to be perfect – but these 13 people listed to hundreds and thousands of people, and that made a difference. I’m proud of them, from both sides, for working together, taking the time to work on this.” In terms of the maps that were just issued, the Michigan Independent Citizens Redistricting Commission released three Congressional maps with 13 districts, reflecting the loss of one district for Michigan in the 2020 census due to population loss. The first map is called Chestnut. Birmingham and Bloomfield Hills, currently represented by Rep. Haley Stevens (D), and Bloomfield Township, represented by Rep. Andy Levin (D), are in a contiguous district, District 11, which runs to 8 Mile, at the border of Detroit, other than including Southfield, Bingham Farms, Beverly Hills, and Franklin, which are part of District 12, hypothetically Rep. Brenda Lawrence’s district. The district extends north to Auburn Hills, with a carve out to exclude Rochester Hills and Rochester, including Pontiac, Waterford, West Bloomfield, Commerce Township, Wixom, Farmington, Farmington Hills, Royal Oak, Berkley, Troy, Huntington Woods, Madison Heights, Hazel Park and Ferndale. Neither Stevens nor Levin, through their representatives, would comment on the redistricting process until the maps are final. The Birch map runs south along 8 Mile Road, inclusive of all Oakland County communities, stopping along Woodward, so they include eastern most communities of Rochester, Rochester Hills, Troy, Royal Oak, Berkley, Huntington Woods and Ferndale, are in District 10, along with Sterling Heights, Warren and Clinton Township. The Birch map goes west to Highland Township, Milford,

S. Lyon and north to include Orion Township, but does not include Clarkston and northern Oakland County, which is in District 9, along with Genesee County. The third congressional map is the Apple map. Oakland County is split in two, with the 11th District running along 8 Mile Road to the south, inclusive of Royal Oak and Ferndale to S. Lyon and Novi, cutting in south of Milford to the west and Troy to the east. In this map, Troy, Rochester, Rochester Hills and Oakland Township are in District 10, with Macomb Township communities of Washington Township, Sterling Heights, St. Clair Shores and Eastpointe. The rest of Oakland County is in District 9, with Genesee County. As far as state legislative maps, the commission released three state Senate maps of 38 districts. The first map is called Cherry, with Sen. Mallory McMorrow (D), who currently represents Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester and Rochester Hills, now repesenting District 8, which goes south instead of north, losing all but Birmingham and Royal Oak, and picking up Ferndale, Oak Park, Royal Oak Township, Huntington Woods and part of Detroit. Sen. Rosemary Bayer (D), who currently represents Bloomfield Township, Beverly Hills, Bingham Farms, Franklin, Pontiac, Lake Orion, Clarkston, and Independence Township, would have District 7, dipping into Detroit, Southfield, Beverly Hills, Bingham Farms, Franklin, Bloomfield Township, Bloomfield Hills, Auburn Hills, Pontiac. The eastern part of Bloomfield Hills is in District 9, along with Troy, Rochester, Rochester Hills, and part of Sterling Heights. In the Palm map, McMorrow’s district is the same, but it is District 6; Bayer’s is District 13. In the Linden map, McMorrow’s district is narrow, running from Rochester and Rochester Hills in the north to include Ferndale in the south, and includes Troy, Royal Oak, Berkley and Huntington Woods. Bayer could run in District 10, which includes Birmingham, Bloomfield Hills, Bloomfield Township, West Bloomfield, Orchard Lake, Keego Harbor, Sylvan Lake, Pontiac, Lake Angelus and Auburn Hills, or in District 11, which is more likely Senator Jeremy Moss’ district, comprising Novi, Northville, Farmington, Farmington Hills, Southfield, Franklin, Beverly Hills, Bingham Farms and Lathrup Village. Until the maps are adopted, legislators running for re-election and candidates are in limbo – and if there is litigation, that could potentially delay where they are running in 2022, as well. It can also have huge implications for fundraising for next year’s campaigns as well, although McMorrow said that “going on maternity leave (earlier this year) affected it more than redistricting.” As for the state House, the commission released three maps of districts. Current Birmingham/Bloomfield Rep. Mari Manoogian (D) would find her district carved up differently under each of the three maps. In the Pine map, Birmingham is in District 11 along with the Bloomfield Village, down along Southfield Road to I-96, apparently with slivers of communities, in a long narrow map. An eastern portion of Birmingham is in District 31, with Troy. Bloomfield Township and Bloomfield Hills are in a parenthesisshaped district, District 30, curving around Pontiac, along with Auburn Hills up to Orion Township. In the Magnolia map, a majority of Birmingham is in District 5, without Bloomfield Village, although with a similar configuration as the Pine map. An eastern portion of Birmingham is in District 31, with Troy. Bloomfield Township and Bloomfield Hills are in District 54, with the same boundaries as the Pine map. It appears in the Hickory map, as in Magnolia, Birmingham is in District 5, and Bloomfield Township are in District 54. Manoogian declined to comment on the maps or the redistricting process as a sitting House member. Until December 30, citizens can weigh in on each of the maps by going to https://tinyurl.com/3e3tdpyp.


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FACES Kegham Tazian inden Park was not the original home for Pyramid Earth, Kegham Tazian’s newly installed 400-pound sculpture. But the 84-year-old artist is proud that the piece is in Birmingham, where his twin sons, daughter, and grandchildren live and where he first lived when he moved to Michigan. “It extends your life in a sense. It’s something that they will be proud of that their dad’s work is here permanently,” he said. The sculpture was originally commissioned over 30 years ago for an automotive company. When it closed, Tazian said that a former student recognized it as his; it was briefly installed at Oakland Community College in Farmington Hills, where he was a teacher for 47 years before finding its permanent home in Birmingham thanks in part to the Cultural Council of Birmingham-Bloomfield. The relocation of his sculpture is an apt metaphor for Tazian’s career itself. The artist describes his prolific career as “art without borders,” referencing both the multitude of mediums he works in – sculpture, oil paint, mixed media, printmaking, and computer-generated – as well as his heritage. Tazian is Armenian, and when he was only one, his family emigrated from Turkey/Armenia to Lebanon, a French colony at that time. “The French government brought us to safety because we were going to be slaughtered,” he recalled. One of five children raised by a single mother, Tazian followed one of his older brothers to Ft. Wayne, Indiana, in 1960, where Tazian attended a local art school before earning his MFA in sculpture at Wayne State University. Tazian said that, upon graduation, many of his fellow sculptors found work in the auto industry, but that he was a “foreigner with too many degrees.” Instead, he opened the yellow pages, found the address for OCC, and asked them for a teaching job. While he said that initially their roster was full, as fate would have it, the sculpture professor changed his mind, and they offered Tazian the job. As an instructor, Tazian had access to ample studio space, key for an artist who sculpts in bronze, wood, limestone, and more. Now, his Farmington Hills home is filled with both current work and those going back decades. His found object assemblages combine everything from old auto parts to animal bones, as he says he is inspired both by Detroit’s predominant industry and natural elements. His most common subjects, though, are figures, which he said comprise the faces of many of the students who have crossed his path over the years. They are all recreated from memory, both sketched and carved. With over 40 solo exhibitions, award-winning works at shows from Ann Arbor to London to Lebanon, and large installations in many corporate office spaces and public city buildings, Tazian was honored this past July by Michigan Governor Gretchen Whitmer and Representative Mari Manoogian (D-Birmingham) for his lifetime of achievement in arts and education. And Tazian shows no signs of slowing down. “It’s a disease being an artist. You have to do something.”

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uring Derek Chauvin’s recent trial for the murder of George Floyd in Minneapolis, news stations nationally aired footage from inside the courtroom. Those following the case came to recognize the judge, the attorneys, even some of the witnesses as they watched to see whether Chauvin would be found guilty. The same thing happened more than two decades ago with the infamous O.J. Simpson trial and the endless media coverage that coincided with the rise of 24-hour cable news stations and Court TV. Yet despite these seemingly ubiquitous courtroom scenes filling our television and computer screens, those who follow the news might also realize that for some court cases, the only imagery available is sketches drawn by artists from inside the courtroom. Whether or not a camera, a cell phone, or a laptop is permitted inside a courtroom varies. What type of access is permitted in different courtrooms changes from state to state, and even from court to court and judge to judge. Here in Michigan, state courts – which includes the Michigan Supreme Court, the Court of Appeals, Court of Claims, and circuit and district courts – all fall under the general jurisdiction as determined by the Michigan Supreme Court. The federal courts, including the Eastern District of Michigan’s five courthouses in Detroit, Ann Arbor, Flint, Bay City and Port Huron, follow orders out of Washington, D.C. Many of these rules have not changed for decades. Or at least they hadn’t until March 2020, when courthouses, just like many businesses and schools, began to operate virtually. The modern day media circus surrounding prominent court cases can be traced back to 1935, with State v. Hauptmann, the trial for the kidnapping and murder of aviator Charles Lindbergh’s baby. Hundreds of members of the media from all around the country were present, which some say influenced public perception, and the outcome, of the case. As a result, in 1937, the American Bar Association amended the Canons of Judicial Ethics by adopting Judicial Canon 35, recommending a prohibition on the broadcast of courtroom proceedings. Federal Rule of Criminal Procedure 53 states that “except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom.” In the decades that followed, both states and the federal government tried different approaches to allow cameras in courtrooms with varying degrees of success. The 1965 Supreme Court case of Estes v. Texas determined that the presence of the media and the surrounding publicity had denied the defendant of his 14th Amendment rights to due process. The case of Chandler v. Florida in 1981 overruled Estes by saying that,

with proper precautions in place to protect the parties at trial, the presence of cameras is not a 14th Amendment violation, and states could allow cameras to broadcast criminal proceedings. By the spring of 1981, 25 states allowed some form of broadcast coverage of courtroom proceedings. Notably, Michigan was not one of them. In the early 1990s, a three-year pilot program in select U.S. district and appeals courts across the country allowed media coverage for some civil proceedings, but ultimately, it was decided that the use of cameras could intimidate witnesses and jurors. Again, in 2011, the federal courts piloted a program in 14 courts across the country – although none in Michigan – allowing the use of cameras and video recordings in select civil cases. In a 2016 review of the program, recommendations were made to not change the policies governing cameras in courtrooms. Ongoing pilot programs are still in existence in certain federal courts across the country as they continue to evaluate the efficacy and utility of having cameras present in courtrooms. Elected officials have also tried to enact change, including Senators Chuck Grassley (R-IA) and Dick Durbin (DIL), who co-sponsored the Cameras in the Courtroom Act, which they introduced to the Senate on March 17, 2021. The bill requires the U.S. Supreme Court to permit television coverage of all open sessions in the court unless it decides by a majority vote that allowing such coverage would violate the due process rights of any of the parties involved. The Sunshine in the Courtroom Act of 2021, introduced at the same time, is a similar bill for the lower federal courts. Noted Durbin, “It’s time to put cameras in the Supreme Court so Americans can finally see deliberations and rulings on cases which will affect them for years to come. This bipartisan bill shines a light into the judicial branch of government so more than just a few hundred lucky Americans can watch proceedings in the court’s historic halls.” These bills had also been introduced in previous years.


While courts have grappled with changing technologies for decades, in Michigan’s courts the table was slowly being set at the beginning of 2020 for new standard procedures around the most ubiquitous technological device, cell phones. In January 2020, the Michigan Supreme Court issued an order that as of May 1, 2020, the general public could bring handheld electronic devices (i.e. cell phones) into courtrooms, which amended a rule that had allowed individual courts to set their own policies. This included the acknowledgement that “all cell phones must be assumed to have cameras,” although the use of those cameras was prohibited. At Oakland County Circuit Court in Pontiac, or the 36th District Court in Detroit, judges and lawyers alike describe how prior to this order, there was an omnipresent sound of trees and bushes ringing outside the courthouse by those who had stashed their phones before going inside. Macomb County Circuit Courts had allowed cell phones since 2013, further confusing the issue. This change was a “fundamental access to justice issue,” according to Michigan Supreme Court Chief Justice Bridget McCormack, who described that, as the majority of people are coming to court without a lawyer, having their cell phones is critical “access to whatever is relevant – photos or notes. Or it could be the only way to get an Uber home.”

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ccess to justice became a prevailing theme when the COVID-19 pandemic abruptly closed courthouses throughout Michigan in March 2020. While businesses were closed, however, the justice system, for everything from divorce cases to landlord-tenant issues to criminal indictments, couldn’t wait. An industry that had been immune to innovation, that had operated in more or less the same fashion with a judge presiding over a courtroom with defendants and attorneys on each side, suddenly had to figure out an entirely new way of conducting business. Noted McCormack, “there has been more change in the past 18 months than we’ve seen in 10 decades. It wasn’t the disruption we wanted, but it was the disruption that we needed.” Michigan was in a unique position compared to many other states in that, in a prescient move, the Supreme Court had already purchased polycom units for every courtroom in the state, allowing them all to conduct remote hearings. Additionally, the judges all had Zoom licenses before the pandemic, and, says McCormack, “they all had the hardware to be able to start remote hearings on the Zoom platform right away.” However, for many judges, having the hardware did not necessarily make for a seamless transition. “We basically had to stitch together a process that allowed us to function. There was no preparation,” recalls Chief Judge of the 45th District in Oakland County, Michelle Friedman Appel. Appel, who represents the Charter Township of Royal Oak, Oak Park, Huntington Woods and Pleasant Ridge, and serves as the president of the Michigan District Judges Association, describes an overburdened system. “Our staff didn’t know how to run Zoom. Initially, I was trying to do the Zoom myself, to maintain the waiting rooms, the breakout rooms, as well as presiding by Zoom. … We had one clerk coming in just to deal with Zoom, and we had to cut back all of our dockets because we only had one clerk who knew how to do this.” These problems were not isolated to the first few months of 2020. “There’s still technological challenges. My court reporter does not get a good record. Additionally, the challenge to the participants in our court is significant,” she noted. At the federal level, it took the passage of the Coronavirus Aid, Relief, and Economic Security (CARES) Act to allow the judiciary to ask criminal

defendants if they would participate through video teleconferencing for some proceedings. United States District Judge Terrence G. Berg, who is chair of the court’s public access subcommittee, made note of the distinction. “The federal system has different rules from the state system regarding the use of cameras in the courtroom,” Berg said. “That whole issue is separate from the question of using the Zoom technology to conduct motions, hearings, and evidentiary hearings and even trials because those aren’t in the courtroom.” In April 2021, a year into the pandemic, the U.S. District Court for the Eastern District of Michigan reported that more than 6,000 criminal arraignments, plea hearings, sentencings, and other proceedings in criminal and civil cases had taken place remotely. Judges and attorneys alike describe spotty internet connections, dropped cell phone calls, and participants videoing in from cars and bathrooms as common themes that have not abated over the past year and a half. They do, however, see a place for the continued use of Zoom for short scheduling conferences, hearings that are just between attorneys, and other brief status updates. Not only can an attorney be in multiple courts in a single day, but the cost savings to clients – who traditionally are billed for commute time in addition to the actual time spent in front of a judge – cannot be overstated, reflected Birmingham family law attorney Jessica Woll. For other matters, there are mixed opinions as to what should be done in person as courts open back up in the latter part of 2021. Karen McDonald, Oakland County prosecutor and former Oakland County Circuit Court judge, has the unique perspective of understanding the pros and cons from both sides of the bench. “When there are hearings or short status conferences, and it's mainly the contributions from lawyers, I think Zoom is not only better from a public health perspective, it’s more efficient,” McDonald said. “In that way, I’m all for it. However, when you are talking about proceedings that deal with or rely on testimony from witnesses, and in particular victims of crimes, I think it’s problematic and not in our best interest as prosecutors. We have these instances where we can’t really be certain who is with a witness who is testifying over Zoom, who might be trying to influence or threaten a victim of a crime. These things are impossible to assess through a screen. I would argue that a person’s credibility, which is critical to what kind of witness they are, is not fully ascertainable through a screen.” She cites concern for victims of domestic abuse in particular. At the same time, “if the matters rely only on lawyers’ arguments or cases that are not contentious and don’t have any of these concerns, Zoom actually gives people access to judges that they wouldn’t have had before.” Oakland County Circuit Court Judge Jacob Cunningham, who works in the family division, echoes McDonald’s views, and was one of the first judges to bring cases back to the courtroom during the pandemic. “Credibility matters. One of the things I’m supposed to do is judge credibility and figure out who’s being truthful and who’s not, and I find that really difficult to judge on Zoom. In terms of judging credibility, there’s physical and non-verbal cues that you pick up from body language, even eye movement, how they’re interacting with other people. Even if they’re wearing a mask [in the courtroom], and you lose the south half of their face, so to speak, there is something about that direct, inperson communication. … When you’re actually witnessing a conversation with a lawyer and a witness, even with masks, you can hear the inflection of voice, see where their eyes are moving, the shift in the chair that you might not be able to see on Zoom. You don’t know how that temporal delay with technology factors into how they’re answering a question.” Whether taking place in person or remotely, all of these testimonies, interviews, and meetings are taking place before a case ever makes it to its newsworthy conclusion, a trial. Only about two percent of all cases end up at trial, but even those small numbers have been paused since the start of the pandemic, with courts struggling as to how to bring large numbers of people together safely in one court. The federal courthouse in


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Detroit has conducted two remote trials since March 2020, both for civil, as opposed to criminal, cases. One, a bench trial, meaning there was no jury, “was a lot easier to control because it was a simple Zoom hearing. The jury trial we knew was not going to be an easy task because you can’t control what kinds of internet service people have at home, if they have internet at all,” described Josh Matta, information technology manager for the U.S. District Court for Eastern Michigan. Now that the courthouse is open again, however, “we’re doing trials on a very restrictive basis because of all of the safety protocols,” which includes seating jurors distanced throughout the gallery instead of in the juror box and using another courtroom for jury deliberations because the jury rooms are too small to allow for social distancing. Cameras are not permitted, but media can hire sketch artists. The 45th District Court in Oakland County has not held any trials since the beginning of the pandemic, mainly due to the lack of available space. Judge Appel said that some courts have used high school auditoriums, but that means installing security, recording equipment, and staffing this new space. She feels for the defendants caught in limbo. “It means they’re waiting. It means evidence goes stale. It means they have this hanging over their head. But as long as the numbers [of COVID cases] stay the way they are, we’re not in a position to do it.” One of the tenets of the American justice system is the public access to the courts. Prior to the pandemic, anyone – whether they had a vested interest in a particular case or was simply curious about the way the courts worked – could go and watch a court hearing in person. Additionally, in Michigan state courts, if a news station wanted to record footage of the court proceedings, they could do so with the permission of the judge. Milton L. Mack, Jr., state court administrator emeritus and former Wayne County probate judge, describes the utility of allowing cameras in courtrooms. He recalls Channel 7 (WXYZ) wanting to film a mental health case over which he presided. At first, Mack says, he remembered thinking that it was “kind of personal, but then I decided, the public should see this. The public should see how bad this is.” An investigative reporter turned it into a series, making frequent appearances in his courtroom. This turned into a series called “Waiting for Disaster,” and Mack participated in a governmental working group to help fix many of the laws that the cases exposed. With the exception of very high profile court cases, however, media inquiries are rare and very few members of the public appeared in person in a courtroom. One notable change as hearings transitioned to the internet, though, was the availability and access for the general public to log in and watch cases from their homes.

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ichigan Supreme Court Chief Justice McComack acknowledges that very few people are watching routine court cases that are live streamed on YouTube, which has served as a temporary repository for Michigan’s court cases. However, for cases like those this past year that involved election security and Governor Gretchen Whitmer’s emergency powers, “there were more than 8,000 people watching the livestream at one point. I think that’s great. The court belongs to the people. I am firmly of the view that the more people who can see what happens in court cases, the better.” As of May 2021, Michigan courts had logged more than three million hours of Zoom hearings, and YouTube videos from Michigan courts had been viewed nearly 38 million times. Keeping Zoom access public, while simultaneously protecting the integrity of the case, remains an ongoing challenge. Described Oakland County Circuit Court Judge Cunningham, “My personal thought was we

have to maintain the same level of access to the courtroom as prepandemic. If you wanted to watch court or know what happened in a court case prior to March of 2020, you had the options of either coming to court, driving and seeing the proceedings happen live, or ordering the transcripts after the fact…. I think it’s appropriate to be able to sign onto the Zoom when it’s happening or order the transcript later. I had a lot of concerns, as did many judges, about the whole notion of uploading things. … I also had concerns about the nature of the dockets I have being uploaded to YouTube.” He describes young children with access to iPhones and YouTube learning about their own family’s divorce proceedings or guardianship claims, or using it in nefarious ways to antagonize classmates. While the cases uploaded to YouTube are there for only 24 hours, not indefinitely, “people can manipulate, record, screen share. They can do a lot more things with that time and with that access than they could have before the pandemic.” Additionally, while anyone with the Zoom link can login to watch a hearing, most of the judges describe pausing when someone joins the call to acknowledge the person. They will be asked to turn their video on if it is not already, and judges will ask the attorneys if they recognize the person. This minor disruption is no different than when someone walks into a physical courtroom, allowing the attorneys, witnesses, and the court staff to see who the person is. On Zoom, they say they will remove those who are noncompliant. As courts around the state now toggle back and forth between inperson and remote proceedings – sometimes from the same day in the same courtroom – a new set of norms are being established. “We’re taking public comment from judges, lawyers, the public, and trying to see what we can learn from jurisdictions across the country who might have better data so that we can make smart decisions about what the next phase of our industry looks like,” comments McCormack. In October 2021, the Michigan District Judges Association issued an online survey to all district judges, the primary purpose of which was to gather information regarding “their experiences with implementing remote court proceedings under emergency order and their opinions and attitudes toward the prospect of a more permanent adoption of remote and virtual proceedings under court rule.” One hundred thirty-two out of approximately 255 judges responded to the survey. Survey results indicate that the majority of judges have not found “the use of remote technology as generally advancing the interests and increased access to the judicial system.” However, as with judges across courts, a majority of district judges did indicate that they are in favor of “some version of the ‘remote’ option,” when it comes to informal hearings that does not “require the taking of testimony or the issuance of a final disposition.” Berg, of the federal court, notes that the “one thing I think probably every judge will say is that they have found the video teleconferencing technology to be incredibly helpful and useful in conducting all types of court hearings, such as arguments, motions, and even evidentiary hearings. The convenience for the parties and for the lawyers has just been a real gift to the system. That, I think, is something we’re going to be seeing going forward even when the courthouse opens 100 percent. … Do we still want to have Zoom technology available for court proceedings even when the court is open again? I don’t know what the answer will be, but I think they will allow it unless there is a national law adopted that prevents it. Now criminal proceedings, especially trials, you just cannot do that using the technology because of the Sixth Amendment right to confrontation. You have a right to see them, to question them, look at them. This is part of the Constitution.” Additionally, he says, “I think the criminal process loses some of the dignity, the solemnity, the seriousness, the respect for the individual that arises when everyone is present.” Longterm, says McCormack, “I think the more people who see how our courts work, the more confidence they’ll have in the branch. I think the gains in terms of access to justice and transparency are once in my lifetime gains.”



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FACES Alexandra Weitz ife was good for Alexandra Weitz in 2015. The Bloomfield Hills resident was married with an 18-month-old son and had a career as a medical sales representative and surgical technician. After unexpectedly finding a lump in her breast came startling news that she had breast cancer. She was only 30 years old. While Weitz’s breast cancer was diagnosed early at Stage I, it was aggressive. Her treatment plan included a double mastectomy and chemotherapy but started first with collecting and storing eggs via in vitro fertilization (IVF) as she wanted to have more children. “When you’re young, you think you’re untouchable and that your life is written in the stars. At 30, I was sent on a crazy rollercoaster ride with no point of reference. It was shocking,” says Weitz. Her oncologist, Dr. Jeffrey Margolis, suggested that she consider using cold cap therapy during treatment to help minimize hair loss. This therapy involves cooling the scalp to a temperature that restricts blood flow and reduces the delivery of chemotherapy to hair follicles. Cold cap therapy must be approved by a patient’s oncologist. Weitz’s 15-year-old sister died of leukemia when she was a baby, and she grew up seeing pictures of her wearing a wig. Weitz's desire to avoid that vision for her parents of a second daughter losing her hair due to cancer treatment factored into the mix. Despite challenges, and with help from her mother and husband, Weitz was able to keep her hair during chemotherapy through cold cap therapy. “There was so much sadness and loss at the time. During treatment you feel so terrible – physically, emotionally, and mentally. The thought of being able to keep even a small part of your normal self and have some privacy surrounding your treatment by keeping your hair is not superficial,” says Weitz. “Even on my worst days, being able to look more like myself gave me a sense of dignity, comfort and control that I desperately needed.” From her experience, Weitz began encouraging and supporting others going through cancer treatment – which is how she connected with Madison Novice who experienced success with scalp cooling as well. Novice became the driver to establish a nonprofit organization to help with funding, education, and support for local cancer patients who choose cold cap therapy as it is currently not covered by insurance and can be expensive. Their nonprofit organization, Cap and Conquer, started in September of 2020, with six interconnected founders, including Weitz and Novice, four of whom went through cancer treatment and used this hair-preserving therapy with successful results. According to Weitz, the organization has already supported about 50 people with cold caps, and plans to continue making a positive difference in the lives of local cancer patients. Today, life is good again for Weitz. She and her husband, Andrew, now have three children, including twin daughters born via IVF with the use of a surrogate. She helps run the family business, Steve’s Deli in Bloomfield Hills, with her parents. And she has discovered her passion supporting others on their cancer journeys. “This experience is a beautiful gift wrapped in an ugly package. When you’re given something bad, make something good from it. I’ve developed beautiful relationships and fueled a passion to make a difference,” reflects Weitz. For more information about Cap and Conquer, www.capandconquer.org.

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MUNICIPAL Baller accused of anti-Semitic email By Lisa Brody

Birmingham City Commissioner Clinton Baller received some relief from the Birmingham Ethics Board on Tuesday, November 16, after being accused of sending an email newsletter which some critics say included antiSemitic tropes, along with accusations against supporters of former commission candidates David Bloom and Andrew Haig, prompting the AntiDefamation League (ADL) to weigh in with a letter to the city criticizing the city commissioner. The three-person ethics panel, asked by city manger Tom Markus to help determine if Baller's correspondence was anti-Semitic, unanimously determined that specific terms called out in the commissioner's pre-election email to his followers were not necessarily anti-Semitic. Further, the ethics panel also determined that their general charge is to review violations of the city ethics ordinance, which fails to address issues involved in the Baller controversy, so formal hearing will not be held. Baller regularly sends out email newsletter communications to residents with his viewpoints and opinions, many of which are viewed as vitriolic, signed by “Clinton Baller, Birmingham City Commissioner,” with the caveat, “In case it's not obvious, reporting and opinions are mine, not 'official.'” On Tuesday, October 26, Baller sent out one of his missives, prior to the city commission election on November 2. It began, “At last night's city commission meeting, five of seven commissioners spoke out against the insults and lies being spread by David Bloom, Andrew Haig and their supporters. One of those supporters, Brad Host, who founded the political action committee that is directing the campaign of lies, was in the room. He is a sitting commissioner, and he is a willing marionette of his successor trustees of the PAC, Paul Reagan and Jonathon Hofley. This cabal, which holds itself up as a champion of neighborhoods, has done virtually nothing to improve the lot of Birmingham residents.” Baller noted two couples had donated $8,200 to Bloom and Haig's campaign, an unusually high amount for a local non-partisan election. “(They) aren't betting on a race here. They're buying the ponies.” Both couples are Jewish. In its letter to now former mayor Pierre Boutros and other city downtownpublications.com

Long files for recount in city election By Lisa Brody

n what may be a first for a Birmingham city election, Anthony Long, a candidate in the recent city commission election, has filed with the Oakland County Election Division requesting a recount of the ballots, as he came in only six votes behind fellow candidate Andrew Haig. Long said he filed with the county on Tuesday, November 9, following the certification of the election by the Oakland County Board of Canvassers, and county election officials were scheduled to conduct the recount on Tuesday, November 23, after the December issue of Downtown Newsmagazine went to press. Seven candidates ran to fill three open seats on the seven member Birmingham City Commission on Tuesday, November 2. Katie Schafer, Elaine McLain and Andrew Haig were the top vote getters, and were sworn into office at the commission meeting on Monday, November 8. Long, however, lost by just six votes to Haig. Haig received 2,340 votes, or 16.96 percent of votes cast, while Long received 2,334 votes, for 16.92 percent of the vote. “I felt I deserved it to myself, as well as to the voters, to file for a recount. Never in the history of Birmingham have they had a vote this close,” Long said. “With these results being within the margin of error, I have requested a recount of the ballots. I fully trust the process, and will accept the results of the recount, regardless of the outcome.” According to the election specialist in the election division office in the Oakland County Clerk's office, Long said he was told they will have to get the board of canvassers back together after the ballots have been requested from the Birmingham City Clerk. “I was told it will take no more than a day to do a recount of all the absentee and in-person ballots,” he said. There were 4,511 absentee ballots certified and about 1,500 in-person ballots certified. Once a recount petition is received, the board of canvassers must complete the recount within an approximate 13-day window. “I think anyone in my position would do the same thing,” Long said. “I will respect whatever the decision of the recount is.”

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commissioners, ADL Michigan Regional Director Carolyn Normandin wrote, “I am deeply disturbed by an email sent by Birmingham Commissioner Clinton Baller on October 26, 2021, where he used language typically used by people who circulate antisemitic tropes. Using expressions like willing marionette and This cabal, as well as calling out members of the Jewish community accusing them of using wealth and buying the ponies, are common antiJewish themes that promote hatred of the Jewish community. “My office received a number of reports regarding the letter. I must say I find the language used in Mr. Baller’s message troubling, and unbecoming a City Commissioner. In the past five years, antisemitic incidents have increased 240 percent in Michigan, often through divisive and dog-whistle language designed to promulgate hatred. Community leaders must be held to a higher standard. ADL calls for a retraction and public apology by Commissioner Baller and asks the

Birmingham Commission to investigate and take appropriate disciplinary action.” Following receipt of the ADL letter, Markus called upon the city's ethics board to take a look at the allegations. “It isn't political conflict that they have to address, it is does this rise to a racial or ethnic conflict?” said Markus. In an email response to his followers on Wednesday, November 10, Baller said his father, his first wife, son and stepson are Jewish. He stated, “I will not apologize, and I will not retract my statements. My email was not antisemitic. It was political. If the ADL letter proves anything, it's that wealthy donors can influence more than politics. The ADL letter is born out of a politically motivated desire to continue the preelection deceptions, misinformation and fear-mongering of a political faction clawing for traction and relevance. The ADL has a legitimate role in rooting out antisemitism, but this isn’t that. If an inquiry results, I will welcome careful and contextual

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analysis of my writing, and transparency as to the genesis of the allegation.” Baller also noted that one outgoing city commissioner, who is Jewish, had called the ADL to inform the group that they were mistaken in their criticism. In September 2020, Baller came before the city's ethics board when resident Donna Klein filed a complaint alleging he libeled her on the social media site NextDoor, where she was a local lead, and via a newsletter he disseminates through email in which he sends as a city commissioner, and through his public Facebook page. The ethics board, in a 2-1 decision, determined Baller did not defame Klein and was not at fault using social media, although they advised him to clarify in his communications that he was only representing his own opinion's, not the city's nor the commission's. City manager Markus requested the city's ethics board review the allegations in the ADL's letter and Baller's email and decide whether the complaint justifies a hearing. The board of ethics can then hold hearings and issue an advisory opinion that would then be sent to the city commission. It would be up to the commission to decide whether they would want to take any action. “The city has consistently condemned any and all forms of discrimination. The board of ethics has been requested to conduct a review of this incident,” said Markus. Following an hour-long discussion on Tuesday, November 16, the ethics board – John Schrot, Sophie FierroShare and chairperson James Robb – ruled that the Baller email did not contain anti-Semitic tropes and no hearing would be held on the issue. During the hearing, ethics panel chair Robb noted that the 1992 city policy governing racial and antiSemitism failed to clearly define the terms of conflict. Robb further noted that his research into the use of the terms by Baller showed tht historically the terms were used in business and political settings, saying that “based on the record before us, I am not inclined to find Baller used an anti-Semitic trope.” Schrot at one point in the meeting said the city needed to “take a closer look” at the ethics ordinance and that “it may be time (for the city) to consider a social media policy” as it applies to city officials, noting that “when one becomes a city official, you wear two hats,” an obvious reference to the longstanding issue surrounding Baller's penchant for sending out personal 75


opinions on city issues while a sitting commissioner. Approximately 20 citizens attended the ethics panel meeting, either inperson or online, with a number of them speaking against the board decision during the public comment period.

Woodward crossing improvements coming By Kevin Elliott

The Michigan Department of Transportation (MDOT) will add a traffic light and pedestrian crossing signals to a dangerous crosswalk in Birmingham where two people were killed while attempting to cross the street. Birmingham city officials have pleaded with the state transportation department to address safety concerns at Woodward and Forest/Brown. The crossing, which includes a marked pedestrian cross walk, but no pedestrian signals. In August of 2020, Wesley Stamps was struck by a vehicle while attempting to cross Woodward at Forest. In

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September of 2021, a Birmingham woman was fatally injured while attempting to cross the state highway. Police said both victims were attempting to cross Woodward against the traffic signal. However, city officials have pointed out the lack of a signal on the northbound lanes of Woodward, making the crossing a perilous endeavor. Assistant city manager Jana Ecker said the city has requested assistance from MDOT for nearly a decade in hopes to improve safety at the crossing. Because Woodward is a state highway, maintenance and improvements fall under the jurisdiction of MDOT. Legally, the city can’t install safety improvements or traffic calming devices. “The city has asked MDOT in the past – a least as far far back as seven to 10 years – for improvements at this intersection,” Ecker said. “There’s been discussion about studying it and nothing has been done. We talked to MDOT in the summer prior to the second fatality to study it and make it safer for pedestrians.” Ecker said MDOT eventually

scheduled a meeting with city officials in October, just two weeks after the second fatality. City officials said MDOT officials initially sought to reschedule that meeting due to rainy weather. However, the meeting did take place at the insistence of the city. Suggestions by the city included highly visible fluorescent crossing flags, additional signage, lighting and pavement markings as immediate remedies. “When we left that meeting, we asked MDOT for a temporary, immediate solution that they could put in place within a week,” Ecker said. “That didn’t happen.” Birmingham City Commissioner Clinton Baller earlier in October, acting as a private citizen on his own behalf, purchased safety flags and placed them at the crossing. City officials also reached out to Michigan Gov. Gretchen Whitmer, state legislator Rep. Mari Manoogian and state Sen. Mallory McMorrow to put additional pressure on MDOT to respond to the city’s requests. McMorrow’s office responded on October 4, noting in a letter that MDOT has committed to studying the

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area, and asked the city to look into landscaping and lighting at the intersection. On Monday, October 25, officials with MDOT spoke to city commission members to lay out plans for addressing safety at the crossing, which will include new signaling and signage. Further, Birmingham approved upgraded lighting installed by DTE Energy, with approval from MDOT. Laurie Swanson, with MDOT, explained that the state only installs pedestrian crossing signals if pedestrian counts at the location sustain enough foot traffic. She said those numbers had not been high enough to validate improvements until now. “I think people don’t use it because they don’t feel comfortable,” Swanson said. “I told our technician to ‘count until you get the numbers.’ So, the week of October 15, we did the counts we needed and immediately sent those to Lansing.” Swanson said engineers are now in the process of designing an updated crosswalk, which will include beacon lighting at four points

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crossing Woodward, and a new pedestrian-activated signal across the northbound lanes of Woodward. “It’s a top priority for the department,” Swanson said, which will take about eight months to design, prior to construction. In addition to longterm plans, the city is taking steps to improve safety at the crossing, with the consent of MDOT. Those improvements include updating lighting to LED bulbs at the crossings along Woodward between Maple and Lincoln. Ecker said the city and DTE will replace the current bulbs with brighter lights. Further, the specific crossing at Brown/Forest will receive additional lighting beyond the other intersections. The lighting is expected to cost $23,340. Additionally, the city will expand on the safety flags at the crossing, including additional flags and efforts to educate the public about the use of flags. Lastly, Ecker said the city’s engineering and police department looked at the landscaping in the median area to ensure there weren’t any obstructions for pedestrians and motorists, as well as lighting obstructions.

Pedestrian flags are utilized by using about 10 flags at each crosswalk. Containers holding the flags are attached to signs or utility poles. Pedestrians then hold the flag to draw attention to themselves while crossing. The practice is used in various cities throughout the country, including Salt Lake City; Berkeley, Calif.; and Seattle. City commissioners expressed thanks for moving on the project, but also voiced their concern about the dangerous crossing. Commissioner Stuart Sherman reckoned the intersection to a MDOT’s version of the Flint water crisis. “You were notified of a problem intersection and nothing happened. Then somebody died, and nothing happened. Now somebody else has died. And now, after being pushed, now we are getting something done,” Sherman said. “The only difference between Flint and Benton Harbor and us is that we are going to put some money into making things better while you guys figure it out. While we are on an expedited basis, we have been dealing with this for a long

time, and you need to understand that it’s a problem and it needs to be resolved. Here, we can do something about it. Other communities may not be able to. We are doing it because MDOT dropped the ball.” Commissioner Mark Nickita encouraged MDOT officials to reconsider the role of Woodward in walkable communities, such as Birmingham and Ferndale, which have pedestrian-friendly downtowns that are divided by Woodward Avenue. “In Ferndale you can go 35 mph, and can actually park on Woodward. Why can’t we do that here?” Nickita questioned, noting that Birmingham’s long-term plans encourage increased pedestrian activity. Commissioners unanimously approved budgeting funds for and enter a contract with DTE to replace lighting along Woodward, as well as seeking approval from MDOT for flagging the crossing. Swanson said under the state’s funding formula, the funding for longterm improvements will include an 80-20 percent split between the federal government and state, with

the state paying 20 percent, and the city responsible for 2 percent of the state’s 20 percent. An estimated budget isn’t yet available.

Second draft of master plan review By Kevin Elliott

The Birmingham Planning Board on Wednesday, November 10, began the public review process of the second draft plan of the city’s 2040 master plan, which outlines long range planning and land use in the city. The city commission and planning board accepted the second draft of the plan in October, with review sessions planned for November 10, December 8, January 12 and February 9. The reviews will include input from the planning board and members of the public, which will then be incorporated into a third draft of the plan. The review on November 10 focused on the introduction and first chapter of the plan: Connecting the City. Duany Plater-Zyberk (DPZ) CoDesign partner Matthew Lambert, which drafted the plan for the city, said

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MUNICIPAL a new map was provided to the city that specifically denotes any recommended changes in land use and zoning. Further, he stressed that all low-intensity seams identified in the plan do not recommend any changes to land use. “Low-intensity seams don’t change land use, they remain single family,” he said. “This change has been following the clear direction we received to reduce seams for this draft.” Main themes of connecting the city involved actions to address vehicle speeds, crossing conditions and lane reductions for Woodward Avenue, which bisects the city’s downtown and Triangle District. The plan also aims to redefine the downtown districts and better connect them, including Haynes Square, Adams Square and encouraging gathering places. Lambert also discussed creating a neighborhood loop, which would include a bicycle boulevard that encompasses the city. The plan also included several revisions to the city’s multi-modal plan to encourage pedestrian enhancements, such as benches and improved bus stops. Among the suggestions were the

recommendation for commercial spaces in some local parks, such as Booth Park. Board members discussed the extent of “commercial” space, which could range from a vending machine in some locations to a food truck or cafe. Planning board member Dan Share questioned whether residents living in adjacent neighborhoods had input in the concept. Share also said there appeared to be too many specific prescriptions put forth in the plan, such as the recommendation for event gathering locations. “I found that there’s still too much, what I call social engineering, for my tastes,” Share said. “I counted up maybe a dozen tasks and couple dozen committees, and I think it’s too prescriptive and some of those aren’t really land use issues.” Board member Janelle Boyce said she was confused about the concept of the neighborhood loop, and how it would connect the city if it circles the city, but doesn’t connect it to the center. The board gave Lambert direction to revise the neighborhood loop concept to focus on ensuring clear sidewalks

and walkability that connects throughout the city, rather than a specific loop. A full version of the 2040 plan is available for review at thebirminghamplan.com online. The site also includes an interactive land use map that allows users to select a specific property and see any specific changes recommended. The planning board will discuss and review managed growth in the second chapter of the plan at its December 8 board meeting.

Hazel’s new name for local restaurant Hazel’s by any other name will taste just as sweet, as the Birmingham City Commission on Monday, October 25, approved changing the name of popular restaurant Hazel, Ravine & Downtown to “Hazel’s.” Owners Beth Hussey and Emmele Herrold launched Hazel, Ravines & Downtown, 1 Peabody St., in 2018. The name refers to the three Birmingham neighborhoods that

intersect at the Greenleaf Trust building: Hazel, Ravine and Downtown. Hussey went before the Birmingham City Commission seeking approval to change signage to reflect the shortened name and a new concept. “It’s too long. Someone on this commission warned us about that… they were right,” Hussey said. “Everyone calls us ‘Hazel’s.’ They’ve been calling us Hazel’s since we opened. And our concept has changed a little bit, so we decided to take the opportunity to change it.” The shortened Hazel’s focus will remain a casual neighborhood spot, but focus on coastal seafood, specifically the Pacific Northwest — think seasonal Dungeness crab, Alaskan crab legs and bowls of cioppino. New canopy signs will reflect the fine dining menu changes and casual setting. In order to change the name and signage at the restaurant, the city commission must approve amending the site’s existing special land use permit. Commissioners voted unanimously to approve the change.

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January 22, 2022 The Garden Theatre in Midtown Detroit University of Michigan Musical Theatre Seniors will present a showcase of songs they love! The performance is under the musical direction of Cynthia Kortman Westphal, an associate professor with the Department of Musical Theatre. First Performance: Doors open at 6 p.m., show at 6:30 p.m. Second Performance: Doors open at 8:15 p.m., show at 8:45 p.m. Tickets: $200 Front & Center | $60 General | $25 40 & Younger Complimentary Valet Cabaret 313 brings premiere cabaret performances to metro-Detroit for intimate evenings of song and storytelling. Visit www.cabaret313.org to purchase tickets or learn more.

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Students walkout over racist postings By Lisa Brody

Students at Bloomfield Hills High School staged a school-wide walk out Friday, November 12, protesting what they view as inadequate discipline by school officials of students for hate speech written on bathroom walls in the school and on social media accounts. According to reports from students and parents, racists hate speech, including use of the “N” word, was written on walls of the bathrooms of the high school, and the offending students were given a three-day suspension. The student body objects to what they view as an inadequate punishment for the offense. “The student body does not feel it was enough to fit the crime, so there is a student-led walkout this afternoon,” said a Bloomfield Hills High School parent, who asked that her name not be used. “The school is trying to do assemblies to help the kids.” Bloomfield Township police had

been on site all week, and were at the walkout. There are also reports of homophobic incidents directed at students which took place at the school's homecoming. Allegedly the offending students were sent home. According to a statement from district director of communications Karen Huyghe, “The district is aware of racist hate speech written on the walls of our restrooms and shared on private social media accounts this week. We launched an immediate investigation with the assistance of the Bloomfield Township Police Department. Hate speech and racist behavior will not be tolerated and does not represent our mission as a school or the high standards we hold for our students and ourselves. “Some immediate actions regarding this reprehensible incident include grade level meetings to address emotional impact of hate speech and the legal repercussions, counseling and social work support, staff meetings and training, and opportunities for student and community dialogues. Our ongoing efforts, like the Student Equity Council, the Student Senate, and Global

Education Team, have been working specifically on policy and procedures related to incidents of hate.” Huyghe could not comment on how many students had been involved with the hate speech incidents, nor on any disciplinary actions. “Each incident is unique and the district follow appropriate laws and process,” she said. In light of the various racial, ethnic and homophobic incidents, the district hosted a Community Collaboration Event to move anti-racism work forward on Tuesday, November 16, at Bloomfield Hills High School. “We recognize that we need help from our community and that there is significant work to do,” Huyghe said. “We invite all of our district partners to join us, including students, parents, law enforcement, community members, media, clergy and religious leaders, and local and state officials. If we are going to see changes in our community, and across our state and country, we need all of us to come together to work toward a common goal.” The event began with an hour of community conversation and brainstorming, facilitated by an

external partner. Following this initial session, participants moved into small groups formed to further discuss ideas.

Green lights only for fire department Imagine never catching another red light in traffic again. It sounds like a superpower created in a comedy movie, but for Bloomfield Township firefighters it’s a reality that may save lives. Think of it as a magic box the size of a cell phone inside your vehicle that changes traffic lights to green as you approach. That’s the latest technology being implemented by the fire department at four intersections in Bloomfield Township. It’s called “Eliminator” by Collision Control Communications, and the township is the first in the state to use it. Bloomfield Township Fire Chief John LeRoy said the devices are already installed in the department’s vehicles. Under a contract with the Michigan Department of Transportation (MDOT), the counterparts will be installed at

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four intersections: Woodward and Square Lake Road; Square Lake Road and Telegraph; Maple and Telegraph; and Long Lake Road and Telegraph. LeRoy said the devices signal traffic lights from about a quarter mile away, forcing them to cycle through a standard three-signal change to give approaching first responders a green signal. By cycling through the signal, the device avoids sudden stops that commonly result in traffic accidents. LeRoy said the devices also increase response times. “If this is successful, our plan is to expand it out to other major intersections in the township, as well. Once we do some beta testing for a year or two to make sure this is what we want to do for our apparatus,” LeRoy said. “What’s nice about this is that eventually, if the police department decides they want to pursue this as well, it’s totally interchangeable. They can put it in their patrol cars down the line, as well.” While the devices are already installed in fire vehicles, Oakland County will install the counterpart at intersections on behalf of the state,

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which maintains control over Woodward and Telegraph as state trunklines. LeRoy said the installation consists of two wires and the cost to install is estimated at about $500 for all four intersections. Trustees unanimously approved the department to enter into a contract with MDOT to install and use the devices.

Two bistro applicants move forward for 2022 By Kevin Elliott

Two restaurant owners who are seeking new bistro licenses in the city's downtown district presented their concepts to the Birmingham City Commission on Monday, November 8, which then moved them forward to the city's planning board for site plan and design reviews, approvals and recommendations. The French Lady, 768 N. Old Woodward, and Wilder’s Supper Club, to be constructed at 460 N. Old Woodward, were selected by commissioners as potential liquor license recipients in 2022. The

specialty liquor licenses provide restaurateurs an opportunity to obtain liquor licenses beyond the limited number of Class C licenses available. As such, they are required to have a traditional bistro appeal by maintaining a degree of outdoor seating, as well as limiting seats to 65 or less, including 10 at the bar. The licensing process begins and ends with the city commission, which selects which bistros to consider. Applicants are thoroughly reviewed by staff and the city’s planning board, which recommends whether or not the commission should grant final approval. Claude Bouly-Pellerin opened The French Lady in 2020, bringing with her the food from where she was born and raised in the north of France. Think crepes and quiche, risotto and ratatouille, beef Bourguignon as well as authentic French desserts. She said the goal is an authentic French bistro with a small outdoor patio overlooking the Rouge River. Often diners catch BoulyPellerin playing her harp for diners. She is seeking a bistro license to offer wine and spirits to accompany her meals. Also seeking a bistro license in 2022

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is Samy Eid, whose father Sameer Eid brought Phoenicia to the city in 1982, and is a staple of the Birmingham restaurant community. Samy Eid also owns and operates the Forest bistro at 735 Forest. Eid said he is planning a “throwback to the glory days of American dining.” He named Wilder’s Supper Club after his infant son. The project is planned for the redevelopment of the former Junior League Building, 460 N. Old Woodward, which will include a threestory, mixed-use building, with offices and residences on top. City commissioners approved moving both applicants forward to the planning board for review.

Updated plan for Adams Park okayed By Kevin Elliott

Long-stalled plans to update Adams Park received fresh life on Monday, November 8, as the Birmingham City Commission approved a new concept plan that includes new play areas and playground equipment, fencing,

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landscaping and improved track and field facilities. The city of Birmingham purchased Adams Park from The Roeper School in 2006 with funding from the 2001 parks and recreation bond. Under the purchase agreement, the city is required to provide park elements and maintenance, while Roeper is permitted to use the park, said Birmingham Director of Public Services Lauren Wood. Wood said a concept plan for the park wasn’t developed and approved until 2016. While the city commission approved that concept plan, it had languished until voters approved a new parks millage in 2020, which included updating Adams Park. The concept plan was recently updated by Michael J. Dul & Associates and presented to the city commission on November 8. “Basically, the park was open space and some play area, and facilitates Roeper for their field portion of track and field practice,” Dul said. “The improved version is much of the same elements and is reorganized and thoughtfully placed with better enhancements.” The concept plan includes a cost

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estimate of $1 million, not including professional fees. That amount is not based on actual bids or final design elements. Further, Wood said the final design will have alternatives that could raise or lower the total cost. Newly elected commissioner Andrew Haig asked whether the park’s existing playground equipment could be re-used at another park in order to reduce the $10,000 disposal fee. However, it was determined the equipment wasn’t desirable or safe and would be recycled. Commissioner Clinton Baller stressed the importance of maintaining public input during the process to ensure residents' needs are heard and incorporated into the design. Commissioners unanimously approved accepting the concept plan.

Late bidder loses water system pact The lowest price doesn’t guarantee a contract in Bloomfield Township, where the board of trustees on Monday, October 25, chose the second lowest bid for work to be done on the

township’s water system. The work, which includes rehabilitating three pressure reducing valve locations on the township’s drinking water system, will cost about $269,915, under the contract approved with Bidagare Contractors. Trustees unanimously approved the contract after learning the lowest bidder for the contract resubmitted its proposed contract a day late and several thousand dollars more. Township planner Olivia OlsztynBudry said CSM Mechanical submitted a bid in the amount of $224,775 by the township’s October 4 deadline, but resubmitted a higher amount after the bids were made public. The second bid was about $9,000 lower than the second lowest bid, submitted by Bidagare. Olsztyn-Budry said the township’s engineering department recommended awarding the bid to Bidagare in order to avoid setting a precedent, as the township hasn’t awarded bids submitted after they are made public. “After reviewing the bid from CSM Mechanical, they did state that if the township didn’t award the contract with the additional amount, they would have to walk away,” Olsztyn-Budry

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said. “Knowing that as well, the recommendation from the engineering department is to award it to the second lowest bidder, Bidigare Contractors in the amount of $269,915. “Again, the bid process is very formulaic and we provide every contractor who submits a bid the same documentation. It lists the quantities, it lists the project and is very clearly stated that the bids are all due at a certain date and time. Keeping with that process, the engineering department does recommend going with the second low bidder.” Bloomfield Township Supervisor Dani Walsh said it wouldn’t be fair to award a lower contract after bids are made public, whether the price change was made on that knowledge or not. “Olivia did ask for advice, and someone who has had to bid out contracts, we had to take a hit because you’re not allowed to see what everyone else bid, and say “hey, I’m $2,000 less than him,” Walsh said. “We had to take that hit. We never considered going back and asking to raise our bid. I personally didn’t like the precedent it would set.” Board members voted unanimously to award the contract to Bidagare.

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MUNICIPAL Birmingham Toast cuts dinner, reduces hours By Kevin Elliott

Dinner service is officially off the menu at Birmingham restaurant Toast, 203 Pierce St., as the popular downtown spot cut back hours of operation to 3 p.m. on weekdays and 4 p.m. on weekends. Thom and Regan Bloom opened their Birmingham Toast location in 2008. At the time, the restaurant was the first to be approved under the city’s bistro liquor ordinance. Bistros are considered unique in that they must have no more than 65 seats, including 10 at the bar. Further requirements pertain to seating location, glazing standards and outdoor seating. The city also considers hours of operation for bistros, as they are intended to activate streets and pedestrian locations. Further, the city requires business that serve liquor to acquire a special land use permit form the city, requiring approval from the city commission for a change in hours of operation. On Wednesday, October 27, Regan Bloom went before the Birmingham Planning Board for consideration of a change in hours, cutting back dinner service Wednesday through Saturday, and opening an hour later every day. In addition to cutting dinner hours, Bloom said Toast will open an hour later, at 8 a.m. daily. “The hour change is that we don’t have as many people working (in offices). More are working from home,” Bloom said. “We don’t have the demand. People are living a different lifestyle. If they came at 7 a.m., we would open at 7 a.m.” Planning board member Stuart Jeffares noted the planning board recently approved another bistro license for a breakfast and lunch diner. Further, he said Toast operates at a time when many other restaurants are closed. “They operate at a different time — they are waking up Birmingham,” Jeffares said, in favor of the change in hours. “I don’t think the city should be in the business of putting people out of business.” The planning department suggested the planning board consider the development of a “social district” in the area if members were opposed to permitting the change. Social districts are areas where patrons are permitted to travel between restaurants with alcoholic beverages. Such districts have been 94

City approves updated labor agreements By Kevin Elliott

irmingham City Commissioners approved contract agreements and wage adjustments for about 75 employees on Monday, November 8, including some public services employees, as well as for administration and management. Birmingham Human Resources Manager Joseph Lambert said Teamsters Local 214 represents about 27 laborers, primarily in the city’s department of public works. Those employees had been operating under an expired agreement since June 30, 2021. Lambert said the new agreement includes some modest increases, primarily to retain and attract laborers. Key agreements include a two percent wage increase in each year of the contract; the additional holiday observance of Martin Luther King Jr., Day; increases in employee cost sharing for prescription coverage; flexibility improvements to recruitment and overtime; and modest improvements in other minor economic provisions. The contract expires on June 30, 2023. Commissioners unanimously approved the contract. City commissioners also approved a 2.5 percent wage increase for department heads and administrative/management employees. Lambert said the increase is a half percent higher than traditional increases, but well below the 4.7 percent increase in inflation since February 2020. Birmingham City Manager Tom Markus recommended approving the wage increase. “I would say it’s hard for the commission to know the constant problems we deal with internally because of shortages in staff,” he said. “Also, we have a young staff and there is a learning curve with the change in personnel coming in. Strategically now, and probably always we should have, we can always look inside, but in a place like Birmingham, you would expect to attract a high number of high quality individuals, and that’s not what is happening at the moment, especially in the technical skills area.” Birmingham resident Paul Regan agreed with the recommendation. “The half percent is a nice gesture, but it won’t affect recruitment,” he said. “If you can’t offer the ability to work from home to a significant degree, you won’t be able to attract applicants. It’s a deal breaker.” Commissioners unanimously approved the wage increases, which will include about 35 employees.

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approved in Ferndale, Royal Oak, Holly and other cities in Oakland County. Board members didn’t take up the issue, instead voting unanimously to recommend the city commission approve the change in hours for Toast.

South Old Woodward project will go forward Plans to break ground next year on the southern construction phase of S. Old Woodward won’t be delayed by other projects in the area, the Birmingham City Commission confirmed. Commissioners on Monday, October 25, approved a resolution endorsing the design concept plans for the third and final phase of the Old Woodward reconstruction project. The resolution

directs staff to move forward with the preparation of detailed construction plans. Birmingham Planning Board members in August contemplated delaying part of the project in light of the construction of a 50,000-square foot Restoration Hardware (RH) building at Brown and S. Old Woodward. Additional plans, including creating a public square at Haynes Square, are also being contemplated. Planning board members at the time questioned whether the city commission should delay portions of the construction project to avoid performing work more than once. However, city staff recommended moving forward with the project without delay. Birmingham Assistant City Manager Jana Ecker said recommendations in the master plan aren’t in draft form and have not been

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adopted. The city’s 2040 plan is still in the process of being drafted. “If the draft 2040 Plan is adopted with the recommendations to create Haynes Square, a full study and detailed design plans would need to be prepared,” Ecker said. Ecker said that even if approved, the Haynes Square project would require private property owners to pay for streetscape upgrades for new construction. The redesign of the entry/exit to Woodward and creation of a public park would also be subject to the Michigan Department of Transportation due to right-of-way issues. Thus, the potential project is years off, if approved in the future. “However, traffic calming, pedestrian crossing improvements, sidewalk improvements and street improvements are needed now to improve the safety and aesthetics of South Old Woodward and to enhance one of the main entrances to downtown Birmingham,” Ecker said. Birmingham City Manager Tom Markus said the city reached out to businesses in the project area, including RH.. “Their preference is that we do it this year,” Markus said. “From their position, once they finish the project, they don’t want it shut down with a street improvement project as soon as they are ready to open for business.” The South Old Woodward Reconstruction Project Phase III will run from Brown to Landon Streets, matching much of the reconstruction of N. Old Woodward. The project is designed to improve pedestrian safety, calm traffic, reduce noise pollution and create a gateway into the city from S. Old Woodward. City commissioners were largely in favor of the preliminary plans, which includes removing about 60 parking spaces along S. Old Woodward. Consultants said the spaces were proposed to be removed for safety reasons, as some create conflicts with pedestrians and vehicles. City commissioner Rackeline Hoff said she was concerned about the loss of parking spaces while the city is trying to increase outdoor activity. In addition to removing parking spaces for enhanced safety, the plan calls for reducing speeds in the area by narrowing the roadway with bumpouts and tree-lined medians; diagonal parking; updated ADA parking; three additional pedestrian crossings; and improved or shortened crossings. Commissioners approved moving forward with design plans by a vote of 6-1, with commissioner Hoff voting against it. 12.21



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Karen Austin t's the first Saturday in October, and Karen Austin spends much of her day participating in the Oakland County high school girls' championship swim meet. When she leaves Clarkston High School, the site of this year's district-wide competition, she has a first-place medal in the 500 freestyle and two hours to squeeze in a hair appointment, a makeup appointment, and get dressed for homecoming. The time constraint hardly bothers this Groves High School senior. As a competitive swimmer who trains 20 hours a week, maintains a 3.8-grade point average, and shoulders the responsibility of being the co-captain of her swim team, going from pool to primped in two hours is no big deal. Her win, however, is significant. Her time is almost identical to the school record she set last year when she swam 20 lengths in under five minutes. "We're a program that has a rich tradition of strong swimmers, including (Olympian) Annie Lazor," says Danny Torriglia, head varsity swim coach at Groves. "So, to be on our record board is a tremendous accomplishment." Holding the school record is just one of Austin's accolades. In September, USA Swimming recognized her as one of this year's Scholastic All-America recipients. The recognition puts her among approximately 1,200 high school swimmers from across the country who maintained a minimum 3.5 gradepoint average and qualified for the upcoming Winter Junior Nationals competition. Austin, 17, received her Junior National qualifying time over the summer in the 400 individual medley. According to her mom, Julie Austin, if she can shave several seconds off her time in the IM, she could earn a spot to compete in the 2024 Olympic trials. Austin, who committed to swim at the University at Buffalo next year, doesn't focus on records or accolades. Despite her accomplishments, she

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preferred to discuss her team's achievements and how others help motivate her. "I don't really like to give myself credit for everything I do because I know there are the people who have helped me get to where I am, and it's not just me. For example, my friend Nikki (Barnas), and my coaches, my teammates, and my family, they're the ones that really push me to get me to where I am today and keep me on track. I mean, I do work really hard, and I do put the effort in; it's just that they do too," says Austin. Her coaches praise her for her dedication and leadership. Torriglia calls her the perfect example of what you want a varsity swimmer to be because she "leads by example, takes good care of herself in and out of the water, and knows how to motivate her teammates. "She takes the freshman under her wings and shows them what they need to do in their swim career to have the success that she does. She never takes shortcuts. She's always setting goals and pushing herself to be the best swimmer she can be," Torriglia says. Johnny Austermann, head coach with swim club Atlantis Swimming, concurs, describing her as one of the hardest workers he's ever seen. "She's always looking for ways to train and get stronger. She really embraced that during the pandemic when the pools were closed, and she was swimming in Walled Lake in a wetsuit," says Austermann, who has coached Austin for around 10 years. Outside the pool, Austin sets goals for herself as well. In particular, she says she strives to be a better person, and one of the ways she tries to accomplish this is by making five people smile every day. "You never really know what a person is going through, especially during COVID this past year. I like to think I could make a difference in someone's day." Story: Jennifer Lovy

Photo: Laurie Tennent


THE COMMUNITY HOUSE THE SEASON OF GRATITUDE Over the years, I have written about gratitude as a virtue every man should cultivate. Yet gratitude means nothing if you haven’t mastered the art of expressing it. “A man should use every opportunity to express to those around him how much he appreciates their love, support, and generosity.” As our “community” heads into the sacred season of counting our blessings and giving back to others, so too are all of us at The Community House – our leadership, staff and TCH beneficiaries – counting our blessings. For it is without all of our cherished supporters, our donors, corporate sponsors, class takers, child-care families, event guests, community partners, dancers, seniors, city government and our dedicated corps of volunteers – that our work would not be possible. Saying “thank you” never seems to be enough, but it is a place to start. As a 98-year-old non-profit 501 (c) (3) organization, The Community House relies solely on the kindness and generosity of others – to deliver on our mission – and to provide the community critical programs and services, programs and experiences which benefit and enrich the lives of others in our Bill Seklar great community – some without the ability to pay. It is during this time of thanksgiving and ongoing uncertainty that The Community House pauses to humbly acknowledge and remember the many kindnesses and extraordinary generosity from those that have been entrusted with much...and to offer all of you – from all of us – a big THANK YOU! Be safe, stay well! Happy Holidays! END OF THE YEAR GIVING 2021 – THE COMMUNITY HOUSE ANNUAL FUND The end of the year is almost here and the last chance to support our critical 2021 Annual Fund Drive is upon us. Given COVID, it is hard to overestimate how important this year’s end of the year Annual Fund appeal is to the historic Community House. Our situation remains precarious. By making an end of the year tax-deductible gift to The Community House now, your gift will ensure that we continue to navigate through this terrible pandemic, and that post-COVID we remain the important educational and community resource that thousands of individuals have relied upon for nearly a century. To make an end of the year gift now, you can send your donation in by mail at: TCH 380 S. Bates Street, Birmingham, Michigan 48009, give online at communityhouse.com/donate or by calling The Community House Foundation at 248-594-6417. SAVE THE NEW DATE – THE 2022 BATES STREET SOCIETY DINNER The Bates Street Society was created to help recognize donors who make significant charitable contributions to support the work and mission of The Community House. New members are acknowledged annually at The Bates Street Society Dinner, an extraordinary evening hosted by The Community House Association and Foundation Board of Directors. Out of an abundance of safety and caution, the Bates Street Society Dinner was moved to Saturday, April 30, 2022. Once again, to help lead this extraordinary gathering, Mr. Huel Perkins, Iconic Broadcast Journalist and American News Anchor, will assume the role of Master of Ceremonies. The Bates Street Society Dinner will also recognize TCH/TCHF’s annual Pillars of Vibrancy in Business, Education, Culture, Wellness and Philanthropy. 2022 Pillars of Vibrancy Honorees include: • Honorable Dave Bing — Business & Culture • Dominic DiMarco — Education • Barry Franklin, Ph.D. — Wellness • Lila Lazarus — Wellness & Education • Duane Mezwa, M.D. — Education & Wellness • Rabbi Daniel B. Syme — Culture • Linda Schlesinger-Wagner — Business & Philanthropy • S. Evan Weiner — Business & Philanthropy • Jessie Beld Elliott — Business & Philanthropy

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Save-the-Date: Saturday, April 30, 2022. Seating is limited. Tickets (reservations) on sale now. Our gratitude and special thanks to founding sponsor, PNC Wealth Management and to Beaumont, TCF Bank, Oakland University, Metalbuilt and Hall & Hunter Realtors for their lead sponsorships of the 2022 Bates Street Society Dinner. Sponsorship opportunities and ad buys are available. For more information, contact Christopher Smude, AVP, The Community House Foundation at csmude@communityhousefoundation.org. CALLING ALL VOLUNTEERS Volunteers have been involved in the every-day life of The Community House for over 98-years. They give the “House” a face, a voice, helping hands, and a heart. In this season of giving and giving back, The Community House invites you to consider joining our esteemed volunteer team – and by doing so, you can be assured that your precious donation of time and talent will be greatly appreciated and will positively impact the lives of those we serve. For more information about volunteering at The Community House, please visit our website at communityhouse.com to download a Volunteer Application or call Kathie Ninneman at 248.594.6403. For reservations, sponsorships or more information about booking gathering and meeting space Winter and Spring 2022 and beyond (we are fully open) please go to www.communityhouse.org or call 248.644.5832. William D. Seklar is President & CEO of The Community House and The Community House Foundation in Birmingham. downtownpublications.com

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Chuck Bigelow s one who took the road less traveled, Chuck Bigelow, a retired typography professor from the Rochester Institute of Technology in Rochester, New York, where he is currently a scholar-in-residence, pursued a unique career path even by today’s standards. Between his multiple interests and innovative ideas, the former Cranbrook student was clearly ahead of his time – with no shortage of talent. Back in 1984, the former Stanford professor and recipient of the MacArthur Fellowship designed the Lucida font with his typography partner Kris Holmes. The Lucida extended family of fonts have appeared in numerous publications, computer applications and been featured on products that include a French chocolate. “Up until that time, very few people even chose a font or knew them,” said Bigelow, whose clients have included Apple, Microsoft and Scientific American. Now millions of people turn on a computer and see their fonts every day. Divided up in a couple of ways, display fonts seen on supermarket ads are clearly noticeable, while people don’t give much thought to the text fonts that appear in books and other publications. In other words, these smaller fonts should not interfere with your reading, but the fonts on bottles of laundry detergent are meant to jump out at you. Currently, there are around 100,000 fonts or more. “Fashion and technology probably affect changes in fonts every so often,” said Bigelow. “There was a lot of plagiarism, but there’s fashion among fonts just like music or performing. New fonts will be made and old fonts become fashionable again. Every font has a way of expressing something.” Though Bigelow said he never intended to become a professor, he thoroughly enjoyed the profession. He earned his original degree in

A

anthropology from Reed College in Oregon, where he also studied calligraphy and graphic arts with a very charismatic teacher, Lloyd Reynolds. In addition, he studied typography with Jack Stauffacher at the San Francisco Art Institute, and worked as Stauffacher's teaching assistant. For him, typography felt like a good fit. “I seemed to have a knack for it,” said Bigelow, who remembers how they had to put little pieces of metal on an old letterpress back then. He also recalls highlights from his childhood in Michigan. Born in Detroit, Bigelow spent his early years on his grandfather's farm in Troy. He grew up in Beverly Hills and went to Birmingham schools before attending Cranbrook Schools, where he took up writing and received the grand prize in the Detroit News Scholastic Writing Awards in 1963. “The News gave me a typewriter and several dictionaries of various kinds,” he recalled. The same year, Bigelow received a National Council of Teachers of English award. After high school, he left for college in Oregon, but spent the summer of 1966 back in Detroit studying economics at Wayne State University to fulfill a college requirement so he could study calligraphy at Reed, where he first majored in anthropology. Bigelow is currently working on a book that will offer a behind-thescenes look at the world of font, but his early years seem to have set the stage for his professional success and forward-thinking career choices. “Some of my happiest and most vivid memories as a kid were of visits to the Cranbrook Institute of Science and the Cranbrook Art Museum,” he said. “They deeply influenced me with their combined design and science inspiration that also got me engaged in science at an early age.” Story: Jeanine Matlow


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PLACES TO EAT

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The Places To Eat for Downtown is a quick reference source to establishments offering a place for dining, either breakfast, lunch or dinner. The listings include nearly all dining establishments with seating in the Birmingham/Bloomfield area, and then some select restaurants outside the immediate area served by Downtown.

Birmingham/Bloomfield 220: American. Lunch & Dinner, Monday- Saturday. Reservations. Liquor. 220 E. Merrill Street, Birmingham, 48009. 248.646.2220. 5th Tavern: American. Lunch & Dinner daily. No reservations. Liquor. 2262 S. Telegraph Road, Bloomfield Township, 48302. 248.481.9607. Adachi: Asian. Lunch & Dinner daily. Liquor. Reservations. 325 S. Old Woodward, Birmingham 48009. 248.540.5900. Andiamo: Italian. Lunch & Dinner, daily. Reservations. Liquor. 6676 Telegraph Road, Bloomfield Township, 48301. 248.865.9300. Bangkok Thai Bistro: Thai. Lunch & Dinner, daily. No reservations. 42805 Woodward Ave., Bloomfield Township, 48304. 248.499.6867. Beau's: American. Lunch & Dinner, daily. No reservations. Liquor. 4108 W. Maple, Bloomfield Hills, 48301. 248.626.2630. Bella Piatti: Italian. Lunch & Dinner, Tuesday-Saturday. Reservations. Liquor. 167 Townsend Street, Birmingham, 48009. 248.494.7110. Beverly Hills Grill: American. Lunch & Dinner, daily. Liquor. No reservations. 31471 Southfield Road, Beverly Hills, 48025. 248.642.2355. Beyond Juice: Contemporary. Breakfast & Lunch daily; Dinner, MondaySaturday. No reservations. 270 West Maple Avenue, Birmingham, 48009. 248.594.7078. Big Rock Chophouse: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 245 South Eton Street, Birmingham, 48009. 248.647.7774. Bill's: American. Lunch & Dinner, Daily. Reservations. Liquor. 39556 Woodward Avenue, Bloomfield Hills, 48304. 248.646.9000. Birmingham Pub: American. Lunch and Dinner, daily. Weekend Brunch. Reservations. Liquor. 555 S. Old Woodward, Birmingham. Birmingham Sushi Cafe: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 377 Hamilton Row, Birmingham, 48009. 248.593.8880. Bistro Joe’s Kitchen: Global. Lunch & Dinner, daily. Sunday brunch. Liquor. Reservations. 34244 Woodward Ave., Birmingham, 48009. 248.594.0984. Bloomfield Deli: Deli. Breakfast & Lunch, Monday-Friday. No reservations. 71 W. Long Lake Road, Bloomfield Hills, 48304. 248.645.6879. Brooklyn Pizza: Pizza. Lunch & Dinner, daily. Liquor. No reservations. 111 Henrietta Street, Birmingham, 48009. 248.258.6690. Café ML: New American. Dinner, daily. Liquor. Call ahead. 3607 W. Maple Road, Bloomfield Township. 248.642.4000.

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Casa Pernoi: Italian. Dinner, TuesdaySaturday. Reservations. Liquor. 310 E. Maple Road, Birmingham, 48009. 248.940.0000. Churchill's Bistro & Cigar Bar: Lunch & Dinner, daily. No reservations. Liquor. 116 S. Old Woodward Avenue, Birmingham, 48009. 248.647.4555. Cityscape Deli: Deli. Lunch & Dinner, Monday-Saturday. No reservations. Beer. 877 W. Long Lake Road, Bloomfield Hills, 48302. 248.540.7220. Commonwealth: American. Breakfast & Lunch, daily. No reservations. 300 Hamilton Row, Birmingham, 48009. 248.792.9766. Dick O’Dow’s: Irish. Lunch & Dinner, daily. Reservations. Liquor. 160 West Maple Avenue, Birmingham, 48009. 248.642.1135. Eddie Merlot's: Steak & seafood. Dinner, daily. Reservations. Liquor. 37000 Woodward Avenue, Bloomfield Hills, 48304. 248.712.4095. Einstein Bros. Bagels: Deli. Breakfast & Lunch, daily. No reservations. 4089 West Maple Road, Bloomfield Hills, 48301. 248.258.9939. Elie’s Mediterranean Cuisine: Mediterranean. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 263 Pierce Street, Birmingham, 48009. 248.647.2420. Embers Deli & Restaurant: Deli. Breakfast & Lunch, daily. Dinner, Monday-Friday. No reservations. 3598 West Maple Road, Bloomfield Hills, 48301. 248.645.1033. Flemings Prime Steakhouse & Wine Bar: American. Dinner, daily. Reservations. Liquor. 323 N. Old Woodward Avenue, Birmingham, 48009. 248.723.0134. Forest: European. Dinner, MondaySaturday. Reservations. Liquor. 735 Forest Avenue, Birmingham 48009. 248.258.9400. Greek Island Coney Restaurant: Greek. Breakfast, Lunch & Dinner, daily. No reservations. 221 Hamilton Row, Birmingham, 48009. 248.646.1222. Griffin Claw Brewing Company: American. Dinner, Tuesday-Friday, Lunch & Dinner, Saturday and Sunday. No Reservations. Liquor. 575 S. Eton Street, Birmingham. 248.712.4050. Honey Tree Grille: Greek/American. Breakfast, Lunch, Dinner, daily. No reservations. 3633 W. Maple Rd, Bloomfield, MI 48301. 248.203.9111. Hunter House Hamburgers: American. Breakfast, Monday-Saturday; Lunch & Dinner, daily. No reservations. 35075 Woodward Avenue, Birmingham, 48009. 248.646.7121. Hyde Park Prime Steakhouse: American. Dinner, daily. Reservations. Liquor. 201 S. Old Woodward, Birmingham, 48009. 248.594.4369. IHOP: American. Breakfast, Lunch, & Dinner, daily. No reservations. 2187 S. Telegraph Road, Bloomfield Hills, MI 48301. 248.333.7522. Joe Muer Seafood: Seafood. Lunch & Dinner daily; Sunday brunch. Reservations. Liquor. 39475 Woodward Avenue, Bloomfield Hills, 48304. 248.792.9609. Kaku Sushi and Poke': Asian. Lunch &

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METRO INTELLIGENCER Metro Intelligencer is a monthly column devoted to news stories, tidbits and gossip items about what's happening on the restaurant scene in the metro Detroit area. Metro Intelligencer is reported/created each month by Gigi Nichols who can be reached at GigiNichols@DowntownPublications.com with news items or tips, on or off the record.

Hooray for Mare! Mare Mediterranean (fittingly, Mare, pronounced Maa-ray, rhymes with Hooray) is open for business in the former Cameron’s Steakhouse space at 115 Willits in Birmingham. According to owner Nino Cutraro, there’s plenty to celebrate in this new and vibrant space. The stellar menu will offer guests the opportunity to select their own fish and have it prepared in a number of different ways. Guests can choose preparations such as “aqua pazza,” in which the fish is baked in white wine, fennel, onion, caper, tomato and fingerling potatoes, or a simple pan fry with crispy vegetables, lemons and a caper emulsion – just to name a few. In addition to fish, the menu includes a crudo raw bar, pastas, risottos, steaks, chops and plenty of sides and salads. Hours of operation are Tuesday-Thursday, 4:30-11 p.m.; Friday and Saturday, 4:30-11:30 p.m.; and Sunday, 4:30-9 p.m.

Who’s the Lucky Duck? The city of Clawson has added another eatery to its repertoire of unique and independently-owned dining establishments. Lucky Duck is owned by Chef Grant Vella, who was classically trained in the culinary arts at the Culinary Institute of America in New York. Vella was born in Korea, adopted, and raised in Troy, Michigan. After spending time in NYC, he knew that eventually he would come home and open his own restaurant in Michigan. His search led him to look at over 100 properties throughout metro Detroit before landing on a location in the heart of Clawson at 14 and Main. The building has undergone a total transformation inside and out. The interior design aesthetic is modern minimalist and utilizes black, white and wood tones. A large statement mural of cherry blossoms adorns an entire wall. The Asian small plates restaurant, which opened November 16, has seating for 55 with room for 12 more at the bar. There are plans to add a “soju garden patio” next spring, which will bring seating for an additional 40 on the back patio and 32 in the front. Vella notes his small plate menu is one long list of shareable plates with the smallest plates at the top and the largest at the bottom. “To me, Asian cuisine means a dish for everyone to share,” claims Vella. Lucky Duck is located at 38 S. Main Street, Clawson.

French-inspired Bar Pigalle Bar Pigalle, a vibrant restaurant and bar tucked inside the Carlton Lofts, is set to open in Detroit’s Brush Park this winter. Helmed by award-winning mixologist Travis Fourmont and certified sommelier Joseph Allerton, the establishment will serve French-inspired cuisine and a mélange of playful cocktails with a spirited wine list. The kitchen will be run by Chef Mike Conrad, most recently of the shuttered Magnet Restaurant, Detroit. Chef Conrad has planned a creative menu of French inspired recipes that will also draw from experiences and flavors he’s worked with over the years. “I’m pulling from the classics, but I’m using everything I have in my toolbox to make it our own.” said Conrad. The historic building, built by legendary American architect Louis Kamper, was the backdrop for one of the hottest jazz scenes in the 1920s and 1930s. The building’s rich history, coupled with that fact that Brush Park was once known as Little Paris, is the perfect location for a fresh, new dining option like Bar Pigalle. “You can have a high level of excellence when it comes to drinks and food and not be pretentious. We want it to be inviting to all,” said co-owner Travis Fourmont. “We want to focus on bringing back that old school hospitality in an appealing and fun way.” Bar Pigalle is located at 2915 John R Street, Detroit. barpigalle.com

Two new restaurants open at LCA Hungry, thirsty sports fans and concertgoers now have two new options to choose from courtesy of Little Caesars Arena and hospitality partner Delaware North. The Mixing Board, occupying the former space of Kid Rock’s Made in Detroit at 2645 Woodward Avenue, Detroit is a full-service restaurant, which includes a stage for live music and spoken-word artists. Their locally sourced menu includes starters, salads, sandwiches, flatbread

Dinner. Tuesday-Sunday. No reservations. No Liquor. 869 W. Long Lake Road, Bloomfield Township, 48302. 248.480.4785, and 126 S. Old Woodward, Birmingham, 48009. 248.885.8631. Kerby’s Koney Island: American. Breakfast, Lunch, & Dinner, daily. No reservations. 2160 N. Woodward Avenue, Bloomfield Hills, 48304. 248.333.1166. La Marsa: Mediterranean. Lunch & Dinner daily. Reservations. 43259 Woodward Ave., Bloomfield Hills, 48302. 248.858.5800. La Strada Italian Kitchen & Bar: Italian. Lunch & Dinner, Tuesday-Sunday. Reservations. Liquor. 243 E. Merrill Street, Birmingham, 48009. 248.480.0492. Leo’s Coney Island: American. Breakfast, Lunch & Dinner, daily. No reservations. 154 S. Old Woodward Avenue, Birmingham, 48009. 248.593.9707. Also 6527 Telegraph Road, Bloomfield Hills, 48301. 248.646.8568. Little Daddy’s Parthenon: American. Breakfast, Lunch & Dinner, daily. No reservations. 39500 Woodward Avenue, Bloomfield Hills, 48304. 248.647.3400. Luxe Bar & Grill: American. Lunch & Dinner, daily; Late Night, 9 p.m.closing. No reservations. Liquor. 525 N. Old Woodward Ave., Birmingham, 48009. 248.792.6051. Madam: American. Breakfast, MondayFriday, Brunch, weekends. Lunch, Monday-Friday, Dinner daily. Reservations. Liquor. 298 S. Old Woodward, Birmingham, 48009. 248.283.4200 Mandaloun Bistro: Lebanese. Lunch, Monday-Friday. Dinner, Daily. Reservations. Liquor. 30100 Telegraph Rd., Suite 130, Bingham Farms, 48025. 248.723.7960. Market North End: Mediterranean. Lunch & Dinner, Tuesday-Sunday. No reservations. Liquor. 474 N. Old Woodward Avenue, Birmingham, 48009. 248.712.4953. MEX Mexican Bistro & Tequila Bar: Mexican. Lunch, Monday-Friday, Dinner, daily. Liquor. 6675 Telegraph Road, Bloomfield Township, 48301. 248.723.0800. Nippon Sushi Bar: Japanese. Lunch & Dinner daily. No reservations. Liquor. 2079 S. Telegraph, Bloomfield Township, 48302. 248.481.9581. Olga’s Kitchen: American. Lunch & Dinner, daily. No reservations. 2075 S. Telegraph Road, Bloomfield Hills, 48302. 248.451.0500. Original Pancake House: American. Breakfast, Lunch, & Dinner, daily. No reservations. 33703 South Woodward Avenue, Birmingham, 48009. 248.642.5775. Phoenicia: Middle Eastern. Lunch, Monday-Friday; Dinner, daily. Reservations. Liquor. 588 South Old Woodward Avenue, Birmingham, 48009. 248.644.3122. Planthropie: Vegan. Dessert and Cheese. 135 Pierce Street, Birmingham, 48009. 248.839.5640. Qdoba: Mexican. Lunch & Dinner, daily. No reservations. Also 42967 Woodward Avenue, Bloomfield Township, 48304. 248.874.1876

Roadside B & G: American. Dinner, daily. No reservations. Liquor. 1727 S. Telegraph Road, Bloomfield Hills, 48302. 248.858.7270. Salvatore Scallopini: Italian. Lunch & Dinner, daily. No reservations. Beer & Wine. 505 North Old Woodward Avenue, Birmingham, 48009. 248.644.8977. Shift Cocktail Bar: Small plates. Dinner. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.2380. Sidecar: American. Lunch and Dinner, daily. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.2380. Slice Pizza Kitchen: Pizza. Lunch and Dinner, daily. Liquor. 117 Willits Street, Birmingham, 48009. 248.792.3475. Social Kitchen & Bar: American. Lunch & Dinner, daily. Reservations, parties of 5 or more. Liquor. 225 E. Maple Road, Birmingham, 48009. 248.594.4200. Stacked Deli: Deli. Breakfast & Lunch, Monday-Saturday. Delivery available. No reservations. 233 North Old Woodward, Birmingham, 48009. 248.593.5300. Stateside Deli & Restaurant Deli. Breakfast, Lunch, Sunday-Monday. Breakfast, Lunch, and Dinner, Tuesday-Saturday. No reservations. 653 S. Adams Road, Birmingham, 48009. 248.550.0455. Steve’s Deli: Deli. Breakfast, Lunch & Dinner, daily. No reservations. 6646 Telegraph Road, Bloomfield, 48301. 248.932.0800. Streetside Seafood: Seafood. Dinner, daily. Liquor. 273 Pierce Street, Birmingham, 48009. 248.645.9123. Sushi Hana: Japanese. Lunch, MondayFriday; Dinner, Monday-Saturday. Reservations. Liquor. 42656 Woodward Avenue, Bloomfield Hills, 48304. 248.333.3887. Sy Thai Cafe: Thai. Lunch & Dinner, daily. No reservations. 315 Hamilton Row, Birmingham, 48009. 248.258.9830. Sylvan Table: American. Dinner daily. Reservations. Liquor. 1819 Inverness Street, Sylvan Lake, 48320. 248.369.3360 Tallulah Wine Bar and Bistro: American. Dinner. Monday-Saturday. Sunday brunch. Reservations. Liquor. 55 S. Bates Street, Birmingham, 48009. 248.731.7066. The Franklin Grill: American. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 32760 Franklin Rd, Franklin, 48025. 248.865.6600. The Gallery Restaurant: American. Breakfast, Lunch & Dinner, daily. No reservations. Beer & wine. 6683 Telegraph Road, Bloomfield Hills, 48301. 248.851.0313. The Moose Preserve Bar & Grill: American. Lunch & Dinner, daily. No reservations. Liquor. 2395 S. Woodward Avenue, Bloomfield Hills, 48302. 248.858.7688. The Morrie: American. Lunch & Dinner, daily. No reservations. Liquor. 260 N. Old Woodward, Birmingham 48009. 248.940.3260. The Rugby Grille: American. Breakfast, Lunch & Dinner, daily. Reservations. Liquor. 100 Townsend Street, Birmingham, 48009. 248.642.5999. Toast: American. Breakfast & Lunch,


daily; Reservations. Liquor. 203 Pierce Street, Birmingham, 48009. 248.258.6278. Tomatoes Apizza: Pizza. Lunch & Dinner daily. Carryout. 34200 Woodward Avenue, Birmingham 48009. 248.258.0500. Touch of India: Indian. Lunch & Dinner, daily. No reservations. 297 E. Maple Road, Birmingham, 48009. 248.593.7881. Townhouse: American. Brunch, Saturday, Sunday. Lunch & Dinner, daily. No reservations. Liquor. 180 Pierce Street, Birmingham, 48009. 248.792.5241. Whistle Stop Diner: American. Breakfast & Lunch, daily; Liquor. No reservations. 501 S. Eton Street, Birmingham, 48009. 248.566.3566. Zao Jun: Asian. Lunch Monday-Friday; Dinner, daily. Reservations. Liquor. 6608 Telegraph Road, Bloomfield Township, 48301. 248.949.9999.

Royal Oak/Ferndale Ale Mary's: American. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 316 South Main St., Royal Oak, 48067. 248.268.1917. Anita’s Kitchen: Middle Eastern. Lunch & Dinner, daily. No reservations. Beer & Wine. 22651 Woodward Ave., Ferndale, 48220. 248.548.0680. Assaggi Bistro: Italian. Lunch, TuesdayFriday. Dinner, Tuesday-Sunday. Reservations. Liquor. 330 W. Nine Mile Rd., Ferndale, 48220. 248.584.3499. Bigalora: Italian. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. No Reservations. Liquor. 711 S. Main Street, Royal Oak, 48067. The Blue Nile: Ethiopian. Dinner, Tuesday-Sunday. Reservations. Liquor. 545 W. Nine Mile Rd., Ferndale, 48220. 248.547.6699. Cafe Muse: French. Breakfast & Lunch, daily. Dinner, Tuesday-Saturday. Reservations. Liquor. 418 S. Washington Ave., Royal Oak, 48067. 248.544.4749. Cork Wine Pub: American. Sunday Brunch. Dinner, Monday-Saturday. Reservations. Liquor. 23810 Woodward Ave., Pleasant Ridge, 48069. 248.544.2675. Due Venti: Italian. Sunday Brunch. Dinner, Tuesday-Saturday. Reservations. Liquor. 220 S. Main St., Clawson, 48017. 248.288.0220. The Fly Trap: Diner. Breakfast & Lunch, daily. Dinner, Monday-Friday. No reservations. 22950 Woodward Ave., 48220. 248.399.5150. Howe’s Bayou: Cajun. Lunch, MondaySaturday. Dinner, daily. No reservations. Liquor. 22949 Woodward Ave., Ferndale, 48220. 248.691.7145. Inyo Restaurant Lounge: Asian Fusion. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 22871 Woodward Ave., Ferndale, 48220. 248.543.9500. KouZina: Greek. Lunch & Dinner, daily. No reservations. 121 N. Main St., Royal Oak, 48067. 248.629.6500.

Kruse & Muer on Woodward: American. Lunch & Dinner, daily. Reservations. Liquor. 28028 Woodward Ave., Royal Oak, 48067. 248.965.2101. Lily’s Seafood: Seafood. Weekend Brunch. Lunch & Dinner, daily. No reservations. Liquor. 410 S. Washington Ave., Royal Oak, 48067. 248.591.5459. Lockhart’s BBQ: Barbeque. Sunday Brunch. Lunch & Dinner, MondaySaturday. No reservations. Liquor. 202 E. Third St., Royal Oak, 48067. 248.584.4227. Oak City Grille: American. Dinner, daily. Reservations. Liquor. 212 W. 6th St, Royal Oak, 48067. 248.556.0947. One-Eyed Betty: American. Weekend Breakfast. Dinner, daily. No reservations. Liquor. 175 W. Troy St., Ferndale, 48220. 248.808.6633. Public House: American. Lunch & Dinner, daily. No reservations. Liquor. 241 W. Nine Mile Rd., Ferndale, 48220. 248.850.7420. Redcoat Tavern: American. Lunch & Dinner, daily. No reservations. Liquor. 31542 Woodward Ave., Royal Oak, 48073. 248.549.0300. Ronin: Japanese. Dinner, daily. No reservations. Liquor. 326 W. 4th St., Royal Oak, 48067. 248.546.0888. Royal Oak Brewery: American. Lunch & Dinner, daily. No reservations. Liquor. 215 E. 4th St., Royal Oak, 48067. 248.544.1141. Strada: Italian. Dinner, Wednesday Sunday. Liquor. No reservations. 376 N. Main Street. Royal Oak, 48067. 248.607.3127. The Morrie: American. Dinner, daily. No reservations. Liquor. 511 S. Main St., Royal Oak, 48067. 248.216.1112. Toast, A Breakfast and Lunch Joint: American. Breakfast & Lunch, daily. No reservations. 23144 Woodward Ave., Ferndale, 48220. 248.398.0444. Tom’s Oyster Bar: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 318 S. Main St., Royal Oak, 48067. 248.541.1186. Trattoria Da Luigi: Italian. Dinner, Tuesday-Sunday. Reservations. Liquor. 415 S, Washington Ave., Royal Oak, 48067. 248.542.4444. Twisted Tavern: American. Dinner, daily. No reservations. Liquor. 22901 Woodward Ave., Ferndale, 48220. 248.545,6750. Vinsetta Garage: American. Lunch & Dinner, daily. No reservations. Liquor. 27799 Woodward Ave., Berkley, 48072. 248.548.7711.

Troy/Rochester Capital Grille: Steak & Seafood. Lunch, Monday-Saturday. Dinner, daily. Reservations. Liquor. 2800 West Big Beaver Rd., Somerset Collection, Troy, 48084. 248.649.5300. Cafe Sushi: Pan-Asian. Lunch & Dinner, daily. Reservations. Liquor. 1933 W. Maple Rd, Troy, 48084. 248.280.1831. CK Diggs: American & Italian. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 2010 W. Auburn Road, Rochester Hills, 48309. 248.853.6600. O’Connor’s Irish Public House: Irish. Lunch & Dinner, daily. Reservations.

pizzas, sharables, desserts, craft cocktails and craft beer – all with a decidedly local twist. Handheld items such as The Woodward Stack (a double cheeseburger with signature sauce, shredded lettuce, tomato, bacon, shaved onion and B&B pickles on a brioche roll) are served on personal boards, while larger charcuterie-style boards were developed for sharable options like the Neighborhood’s Sausage Board (Italian, Polish and Irish sausages, charred peppers, craft pickled vegetables, grilled onion, mustards, horseradish, soft pretzels). “When developing the concept for The Mixing Board, we initially built around two key focus areas: community involvement and a Michiganfirst menu,” said Tim Martin, general manager for Delaware North at Little Caesars Arena. “This is a venue for local artists to share their work – a place where the community comes together. And when we began testing service styles, one thing that jumped out to us was the use of custom wooden boards to serve meals. There is a real communal feel about it – especially for the sharable portion of our menu – and it’s something we immediately gravitated toward.” The second new spot from the partnership is the PointsBet Sports Bar. Earlier this year, the Red Wings announced a partnership with global sportsbook operator PointsBet. As part of that agreement, the space formerly occupied by Sports & Social Detroit has been rebranded as the PointsBet Sports Bar. The full-service restaurant, now operated by Delaware North, features betting themed pub fare, 28 televisions, special guests, unique programing, VIP access and gaming promotions. Select televisions throughout the PointsBet Sports Bar also offer integrated live odds, giving real time updates for fans as they monitor their favorite teams while placing bets. The Mixing Board and PointsBet Sports Bar are both currently open for Detroit Red Wings and Detroit Pistons home games, concerts and shows, with extended hours of operation to be announced.

Hot Pot City opens in Troy Hot Pot City has opened in Troy, and although it is owner Sonny Nguyen’s first venture as a restauranteur, the restaurant business has always been in his blood. In Vietnam, his family owned two restaurants. In fact, he says he’s been cooking since age seven. “Hot pot” is a communal eating experience in which patrons order different ingredients to boil inside a large simmering pot of broth. “Traditional hot pots can be Thai, Japanese, Chinese or Korean. Ours are Asian Fusion – which a little bit of everything,” says Nguyen. Guest can choose their own ingredients or order suggested combinations from the menu. The Saigon Seafood hot pot includes bok choy, shrimp, sliced pork, enoki mushrooms, iced tofu, baby octopus, clams, fish filet, vermicelli, egg and green onion. Nguyen points out that at Hot Pot City, the meats come to the table pre-cooked. An extensive list of non-alcoholic bubble drinks such as the strawberry yakult or the mango sensation slush are also available. The restaurant’s signature drink is the Vietnamese coffee, which Nguyen describes as strong coffee brewed using a Vietnamese phin filter – a coffee brewing tool common and popular in Vietnam. Hot Pot City, located at 2008 W. Big Beaver Road, Troy, accepts reservations and is also available for carryout. hotpotcitymi.com

A new axe to grind The Yard at Corktown opened this fall and is the new home for Detroit Axe, an entertainment venue dedicated to the sport of axe throwing. This is the third Detroit Axe in metropolitan Detroit, joining locations in Ferndale and Clinton Township. It’s the brainchild of Geoff Kretchmer and Brian Siegel, who collectively own and operate several entertainment-based businesses, including Star Trax Events and Joe Dumars Fieldhouse. The 8,000 square foot venue includes a full-bar and casual food from the Ruckus Taco Co. The chef-driven street tacos, burritos and nachos are provided by Jeremy Kalmus, owner of Ruckus Taco. Kalmus, who has spent time leading kitchens such as Local Kitchen and Bar, Forest Grill, Novi Chop House and Northern Lakes Seafood Company, is a graduate of Johnson and Wales Culinary. After enjoying a taco or two, guests can compete on one of the 12 lanes to throw hatchets at wooden targets or participate in a variety of classic bar games including pinball and shuffleboard. “We’re excited to be the first dedicated axe throwing facility in downtown Detroit,” said Siegel. “Each community that has experienced the exhilarating activity has made it part of their go to places to eat and be entertained.” The Yard at Corktown is located 1375 Michigan Avenue, Detroit. DetroitAxe.com


Liquor. 324 S. Main St., Rochester, 48307. 248.608.2537. Kona Grille: American. Lunch & Dinner, daily. Reservations. Liquor. 30 E. Big Beaver Rd., Troy, 48083. 248.619.9060. Kruse & Muer on Main: American. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. 327 S. Main St., Rochester, 48307. 248.652.9400. Loccino Italian Grill and Bar: Italian. Lunch, Monday-Friday, Dinner, daily. Liquor. Reservations. 5600 Crooks Road, Troy, 48098. 248.813.0700. The Meeting House: American. Weekend Brunch. Dinner, TuesdaySunday. No reservations. Liquor. 301 S. Main St, Rochester, 48307. 248.759.4825. Miguel’s Cantina: Mexican. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 870 S. Rochester Rd, Rochester Hills, 48307. 248.453.5371. Mon Jin Lau: Asian. Lunch, MondayFriday. Dinner, daily. Reservations. Liquor. 1515 E. Maple Rd, Troy, 48083. 248.689.2332. Morton’s, The Steakhouse: Steak & Seafood. Dinner, daily. Reservations. Liquor. 888 W. Big Beaver Rd, Troy, 48084. 248.404.9845. NM Café: American. Lunch, MondaySaturday. Reservations. Liquor. 2705 W. Big Beaver Rd, Troy, 48084. 248.816.3424. Oceania Inn: Chinese. Lunch & Dinner, daily. Reservations. Liquor. The Village of Rochester Hills, 3176 Walton Blvd, Rochester Hills, 48309. 248.375.9200. Ocean Prime: Steak & Seafood. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 2915 Coolidge Hwy., Troy, 48084. 248.458.0500. Orchid Café: Thai. Lunch, MondayFriday. Dinner, daily. Reservations. 3303 Rochester Rd., Troy, 48085. 248.524.1944. P.F. Chang’s China Bistro: Chinese. Lunch & Dinner, daily. Reservations. Liquor. Somerset Collection, 2801 W. Big Beaver Rd., Troy, 48084. 248.816.8000. Recipes: American/Brunch. Breakfast & Lunch, daily. No reservations. Liquor. 134 W. University Drive, Rochester, 48037. 248.659.8267. Also 2919 Crooks Road, Troy, 48084. 248.614.5390. Rochester Chop House: Steak & Seafood. Lunch, Monday-Friday. Dinner, daily. Reservations. Liquor. 306 S. Main St., Rochester, 48307. 248.651.2266. Ruth’s Chris Steak House: Steak & Seafood. Dinner, daily. Reservations. Liquor. 755 W. Big Beaver Rd., Troy, 48084. 248.269.8424. Silver Spoon: Italian. Dinner, MondaySaturday. Reservations. Liquor. 6830 N. Rochester Rd., Rochester, 48306. 248.652.4500. Too Ra Loo: American. Lunch & Dinner, daily. No reservations. Liquor. 139 S. Main St., Rochester, 48307. 248.453.5291.

Northwestern Highway, Southfield, 48034. 248.356.6600. Beans and Cornbread: Southern. Lunch & Dinner, daily. Reservations. Liquor. 29508 Northwestern Highway, Southfield, 48034. 248.208.1680. Bigalora: Italian. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. No Reservations. Liquor. 29110 Franklin Road, Southfield, 48034. The Fiddler: Russian. Sunday Brunch. Dinner, Thursday-Sunday. Reservations. Liquor. 6676 Orchard Lake Rd, West Bloomfield Township, 48322. 248.851.8782. Mene Sushi: Japanese. Lunch & Dinner, daily. No reservations. Beer & Wine. 6239 Orchard Lake Rd, West Bloomfield Township, 48322. 248.538.7081. Meriwether’s: Seafood. Lunch, MondaySaturday. Dinner, daily. Reservations. Liquor. 25485 Telegraph Rd, Southfield, 48034. 248.358.1310. Nonna Maria’s: Italian. Dinner, daily. Reservations. Liquor. 2080 Walnut Lake Road, West Bloomfield, 48323. 248.851.2500. Pickles & Rye: Deli. Breakfast, Lunch, & Dinner, daily. No reservations. 6724 Orchard Lake Rd, West Bloomfield Township, 48322. 248.737.3890. Prime29 Steakhouse: Steak & Seafood. Dinner, daily. Reservations. Liquor. 6545 Orchard Lake Rd., West Bloomfield, 48322. 248.737.7463. Redcoat Tavern: American. Lunch & Dinner, Monday-Saturday. No reservations. Liquor. 6745 Orchard Lake Rd., West Bloomfield Township, 48322. 248.865.0500. Shangri-La: Chinese. Lunch & Dinner, daily. Reservations. Liquor. Orchard Mall Shopping Center, 6407 Orchard Lake Rd, West Bloomfield Township, 48322. 248.626.8585. Sposita’s Ristorante: Italian. Friday Lunch. Dinner, daily. Reservations. Liquor. 33210 W. Fourteen Mile Rd., West Bloomfield Township, 48322. 248. 538.8954. Stage Deli: Deli. Breakfast, Lunch, & Dinner, daily. No reservations. Liquor. 6873 Orchard Lake Rd., West Bloomfield Township, 48322. 248.855.6622. Yotsuba: Japanese. Lunch & Dinner, daily. Reservations. Liquor. 7365 Orchard Lake Rd, West Bloomfield, 48322. 248.737.8282.

West Bloomfield/Southfield

North Oakland

Bacco: Italian. Lunch, Monday-Friday. Dinner, Monday-Saturday. Reservations. Liquor. 29410

Clarkston Union: American. Lunch & Dinner, daily. No reservations. Liquor. 54 S. Main St., Clarkston, 48346.

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West Oakland Gravity Bar & Grill: Mediterranean. Monday – Friday, Lunch & Dinner, Saturday, Dinner. Reservations. Liquor. 340 N. Main Street, Milford, 48381. 248.684.4223. It's A Matter of Taste: American. Lunch & Dinner, daily. Reservations. Liquor. 2323 Union Lake Road, Commerce, 48390. 248.360.4150. Volare Ristorante: Italian. Lunch & Dinner, daily. Reservations. Liquor. 48992 Pontiac Trail, Wixom, 48393. 248.960.7771.

248.620.6100. Holly Hotel: American. Afternoon Tea, Monday – Saturday, Brunch, Sunday, Dinner, daily. Reservations. Liquor. 110 Battle Alley, Holly, 48442. 248.634.5208. Kruse's Deer Lake Inn: Seafood. Lunch & dinner, daily. Reservations. Liquor. 7504 Dixie Highway, Clarkston, 48346. 248.795.2077. The Fed: American. Lunch and Dinner daily, Brunch, Saturday and Sunday. Liquor. 15 S. Main Street, Clarkston, 48346. 248.297.5833 Via Bologna: Italian. Dinner daily. No reservations. Liquor. 7071 Dixie Highway, Clarkston. 48346. 248.620.8500. Union Woodshop: BBQ. Dinner, Monday – Friday, Lunch & Dinner, Saturday – Sunday. No reservations. Liquor. 18 S. Main St., Clarkston, 48346. 248.625.5660

Detroit Bucharest Grill: Middle Eastern. Lunch & Dinner, daily. No reservations. Liquor. 2684 E. Jefferson, Detroit, 48207. 313.965.3111. Cliff Bell’s: American. Sunday Brunch. Dinner, Tuesday-Sunday. Reservations. Liquor. 2030 Park Ave., Detroit, 48226. 313.961.2543. Cuisine: French. Dinner, TuesdaySaturday. Reservations. Liquor. 670 Lothrop Rd., Detroit, 48202. 313.872.5110. The Detroit Seafood Market: Seafood. Lunch & Dinner, daily. Reservations. Liquor. 1435 Randolph St., Detroit, 48226. 313.962.4180. El Barzon: Mexican. Lunch, TuesdayFriday. Dinner, Tuesday-Sunday. Reservations. Liquor. 3710 Junction St., Detroit, 48210. 313.894.2070. Fishbone’s Rhythm Kitchen Café: Cajun. Breakfast, daily. Sunday Brunch. Lunch, Monday-Saturday. Dinner, daily. No reservations. Liquor. 400 Monroe Street, Detroit, 48226. 313.965.4600. Giovanni’s Ristorante: Italian. Lunch & Dinner, Tuesday-Saturday. Reservations. Liquor. 330 S. Oakwood Blvd., Detroit, 48217. 313.841.0122. Green Dot Stables: American. Lunch & Dinner, daily. No reservations. Liquor. 2200 W. Lafayette, Detroit, 48216. 313.962.5588. Jefferson House: American. Breakfast, Lunch, & Dinner, daily. Reservations. Liquor. 2 Washington Blvd., Detroit, 48226. 313.782.4318. Joe Muer Seafood: Seafood. Lunch, Monday- Friday, Dinner, daily. Reservations. Liquor. 400 Renaissance Center, Detroit, 48243. 313.567.6837. Johnny Noodle King: Japanese. Lunch & Dinner, daily. No reservations. Liquor. 2601 W. Fort St., Detroit, 48216. 313.309.7946. Mario’s: Italian. Dinner, daily. Reservations. Liquor. 4222 2nd Ave., Detroit, 48201. 313.832.1616. Midtown Shangri-la: Chinese. Lunch & Dinner, Monday-Saturday. Reservations. Liquor. 4710 Cass Ave., Detroit, 48201. 313.974.7669. Motor City Brewing Works: American.

DOWNTOWN

Lunch & Dinner, daily. No reservations. Beer & Wine. 470 W. Canfield St., Detroit, 48201. 313.832.2700. Prism: Steak & Seafood. Dinner, Tuesday-Saturday. Reservations. Liquor. 555 E. Lafayette St, Detroit, 48226. 313.309.2499. Red Smoke Barbeque: Barbeque. Lunch & Dinner, daily. Reservations. Liquor. Trappers Alley Shopping Center, 573 Monroe Ave., Detroit, 48226. 313.962.2100. Selden Standard: American. Weekend Brunch. Lunch, Monday-Friday. Dinner, daily. Liquor. Reservations. 3921 Second Ave., Detroit, 48201. 313.438.5055. SheWolf Pastifico & Bar: Italian. Dinner, Tuesday through Sunday. Reservations. Liquor. 438 Selden St, Detroit 48201. 313.315.3992. Sinbad’s: Seafood. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. 100 St Clair St., Detroit, 48214. 313.822.8000. Slows Bar BQ: Barbeque. Lunch & Dinner, daily. No reservations. Liquor. 2138 Michigan Ave, Detroit, 48216. 313.962.9828. Tap at MGM Grand: American. Breakfast, Lunch, & Dinner, daily. No reservations. Liquor. 1777 Third Street, Detroit, 48226. 313.465.1234. Taqueria Nuestra Familia: Mexican. Breakfast, Lunch, & Dinner, daily. Reservations. Liquor. 7620 Vernor Hwy., Detroit, 48209. 313.842.5668. The Block: American. Sunday Brunch. Lunch & Dinner, daily. No reservations. Liquor. 3919 Woodward Ave, Detroit, 48201. 313.832.0892. Tom’s Oyster Bar: Seafood. Lunch, Monday-Friday. Dinner, MondaySaturday. Reservations. Liquor. 519 East Jefferson Ave., Detroit, 48226. 313.964.4010. Traffic Jam & Snug: American. Lunch & Dinner, daily. No reservations. Liquor. 511 W. Canfield, Detroit, 48201. 313.831.9470. 24grille: American. Sunday Brunch. Lunch & Dinner, daily. Reservations. Liquor. The Westin Book Cadillac Detroit, 1114 Washington Blvd, Detroit, 48226. 313.964.3821. Union Street: American. Lunch & Dinner, daily. Reservations. Liquor. 4145 Woodward Ave, Detroit, 48201. 313.831.3965. Vince’s: Italian. Lunch, Tuesday-Friday. Dinner, Tuesday-Sunday. Reservations. Liquor. 1341 Springwells St., Detroit, 48209. 313.842.4857. Vivio’s Food & Spirits: American. Saturday Breakfast. Lunch & Dinner, daily. No reservations. Liquor. 2460 Market St., Detroit, 48207. 313.393.1711. The Whitney: American. Breakfast, Lunch, & High Tea, Monday-Friday. Sunday Brunch. Dinner, daily. Liquor. Reservations. 4421 Woodward Ave, Detroit, 48201. 313.832.5700. Wright & Co.: American. Dinner, Monday-Saturday. No reservations. Liquor. 1500 Woodward Ave Second Floor, Detroit, 48226. 313.962.7711. 12.21


HELP WANTED MARKETPLACE The Help Wanted Marketplace appears toward the back of each monthly issue of Downtown Newsmagazine, reaching over 40,000+ readers. Ads are grouped so readers can access more easily all job openings in the businesscommunity. Four color is available for all ads at no additional cost.

WE’RE HIRING!

All job openings appear as display ads which are available in four sizes. Downtown Newsmagazine is offering discounted ad rates for the Help Wanted Marketplace. For further information, contact Mark Grablowski by email or phone (O:248.792.6464 or C: 586.549.4424) MarkGrablowski@downtownpublications.com.

TENDER is looking for passionate sales associates to work in our store.

Space reservation for the January issue is Friday, December 17.

NOW HIRING

RESEARCH PROJECT FOR DOWNTOWN NEWSMAGAZINE

•MANAGER •WAIT STAFF

Downtown Newsmagazine needs someone for a temporary, short-term research project.

Earn up to $60 per hour

•CASHIERS •KITCHEN HELP •DISHWASHERS $18 per hour and up

•SALAD MAKERS •GRILL MAN STEVE’S DELI/ RESTAURANT Bloomefield Hills Ask for Jan or JC

If this sounds like you or someone you know, please email your resume to employment@tenderbirmingham.com

We are still working remotely until later this fall so this will be a remote work project also.

T E N D E R

Good hourly pay. Set your own hours. Must have computer to complete this research project.

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Resume or note explaining work history to Jobs@DowntownPublications.com Please, no phone calls.

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DOWNTOWN

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ENDNOTE

Lessons from the Birmingham election e have grown accustomed on a national level to a less than ideal situation when it comes to political debate. Nastiness. Sowing dissension throughout the ranks of voters. Bullying and divisiveness. And now this offensive problem has arrived at the doorstep of the Birmingham community. As we have seen throughout the country, from the highest office to the most local, political dialogue has deteriorated, with neighbor pitted against neighbor and communities torn apart as people take sides against one another. Last year, we witnessed it take place in an acrimonious primary and general election in Bloomfield Township. This year, sadly, a new low has been breached between individuals involved in the Birmingham City Commission election, with one side alleging the spreading of lies and big money involvement and the other asserting anti-Semitism. Both charges come heavily weighted with major ramifications not only for the individuals involved, but for the whole community. As a refresher, Birmingham City Commissioner Clinton Baller has been accused of sending an email newsletter which includes what some say are antiSemitic tropes and accusations against supporters of former commission candidate David Bloom, who lost in the recent election. And following complaints, the Anti-Defamation League (ADL) weighed in, sending a letter to the city, stating Baller employed language used by people who circulate anti-Semitic tropes. In response, Baller said his ex-wife, son and stepson are Jewish – and his email letter wasn't antiSemitic, “it was political.”

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In this instance, we happen to agree with Baller. Supporters of Baller – and Baller himself – may be surprised to find us in his corner, as we are not always – but as students of politics, racism and antiSemitic incidents and language, we caution those who would throw that term about wantonly. Are we experts? No. But one of us is a practicing Jew, a child of a Holocaust survivor, and knows something about anti-Semitism. Baller routinely sends out email newsletter communications to residents with his viewpoints and opinions, which are his own perspectives, not the city's, nor the commission's. While city officials aren't crazy about that, and would prefer commissioners air their viewpoints at public meetings and, following a vote on an issue, speak with one voice to the community, in this era of political polarization, there's not much that can currently be done about Baller's penchant for sending dispatches. But there should be. Without a doubt, Baller's emails – as this batch was – are often caustic, vitriolic, and downright offensive to those he targets. His opposition to former ally David Bloom and Andrew Haig, both candidates, were scathing and at times downright malicious – not a great reflection on him as a commissioner. His attacks on two affluent donors to their campaign, both of whom are Jewish, were clearly targeted as “wealthy” people who he felt were “buying the election,” which was questionable in and of itself, and less as an anti-Semitic statement. Yes, the ADL pointed out certain words in Baller's

email newsletter, such as “willing marionette” “cabal,” and “buying the ponies,” can be “common anti-Jewish themes that can promote hatred of the Jewish community,” but the terms have also been used in a variety of political situations over the centuries that have nothing to do with the Jewish people, dating all the way back to the 1600s in England and throughout a number of presidential administrations in recent times here. The city of Birmingham has some policies relative to racial and anti-Semitic behavior, so city manager Tom Marcus rightly asked the Birmingham Ethics Board to rule on this incident. The ethics panel on Tuesday, November 16, arrived at pretty much the same conclusion, hesitating to label Baller's email as anti-Semitic and declining to call for formal hearings on charges that the city commissioner had violated city ethics policies. But members of the ethics board offered some good advice to city officials for the future. Members seemed to collectively feel that the current ethics ordinance and policies covering racism and antiSemitic behavior need to be revisited and updated. Further, there was the suggestion that the city must grapple with addressing the use of social media and all other forms of communication by those representing the city. This should be a priority for the city's leaders. Meanwhile, this incident should be a reminder of how easy it is for one voice to sow discordance among the entire community. Baller should give some thought to whether he should continue sending out his missives in the future.

Put update of city charter on 2022 ballot city charter is a city's principal governing document – similar to a state or country's constitution. In Michigan, cities and villages exist within a framework that is part of a greater system of state and federal law, and that system is described in governing documents which fit into a hierarchy of importance and must be kept current. When a charter becomes outdated, it hinders the ability of a local government to serve its community properly. Birmingham's city charter was first adopted in 1933, almost a century ago. In the city charter, it provides that all the power is vested in the city commission, consisting of seven members, all elected on an at-large basis in non-partisan elections, with a city manager who oversees all administrative functions of the government. The city commission is advised by numerous public boards, commissions and committees, all appointed by the city commission. Over the years, the charter has been updated and modified to reflect evolutions in government, community and eras. But it has been a long time since that has occurred, and those in both the administration and on commissions and boards are now hamstrung by provisions in the charter that prevent a more optimized government for the citizens of Birmingham.

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An example is the level of spending approval that must come before the city commission. Years ago it was established that if any department needing to spend over $6,000, even with an emergency authorization level, they must come before the city commission at their bimonthly meeting for commission authorization. Well, a long time ago, $6,000 was so much money, it could buy a nice automobile. Today, $6,000 won't buy a car – nor many city expenditures. It's time to alter that provision of the city charter. An even more recent dilemma – the November city election – illustrates the need to update the city charter, which now provides that newly elected commissioners are to be sworn in at the commission meeting immediately following election day. However, county election officials may or may not have certified election returns by then. So the city attorney ruled this year that without certification of election returns, new commissioners could not be sworn into office at the meeting six days following the vote. Obviously, the charter should be changed to reflect current election law and realities on the ground when it comes to how long it takes to certify election returns. City Manager Tom Markus has a whole list of similar necessary updates to be undertaken to make the city charter relevant for the 2020's and beyond,

well into this century. We suggest the city commission appoint an ad hoc committee to study the charter and make recommendation of where the charter could be updated, with the final decision to be made after further review. A wonderful way to retain some of the collective wisdom lost with the recent retirements of former commissioners, both from this election and past ones, would be to tap them for this committee – by utilizing their knowledge of the city and the charter, its relevance and where to maximize and minimize the document, the city commission would avoid having to “reinvent the wheel.” Once the panel recommends changes, the city commission would vote to determine what changes should be approached and city legal counsel would create the necessary legal verbiage. The proposed revised charter would be submitted to the governor for approval. The attorney general reviews it and advises the governor regarding its legality. The governor signs the charter if approved; otherwise the charter is returned to the charter panel with a commentary for recommended corrections. Ultimately, any change must then be approved by the community's electorate as a charter amendment. Birmingham, it's time to update the governing document and put proposed changes before voters next year.




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