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Councilman David Crowley (and others) have come up with a proposal of their own. From the 4/6/05 Cincinnati Post:

 

 

Smoke ban deal set

By Kevin Osborne

Post staff reporter

 

At the urging of a hospitality industry group, a Cincinnati official is proposing a compromise smoking ban on public indoor spaces that would allow exemptions in bars, bowling alleys and bingo halls.

 

The proposal, modeled after a bill now before the state Legislature that would enact a similar ban across Ohio, would prohibit smoking in restaurants unless owners wanted to provide separate areas for smokers.

 

Cincinnati City Council Member David Crowley and the Greater Cincinnati Hospitality Coalition unveiled the proposal this morning at the Montgomery Inn Boat House on the riverfront...

PENALTIES

First-time offenders would be charged with a minor misdemeanor punishable by a $150 fine.

 

Repeat offenders could be charged with a third-degree misdemeanor and face up to a $500 fine and 60 days in jail.

 

NO SMOKING

In 1986, Cincinnati's Board of Health restricted smoking in many public places, including retail stores, banks, offices, elevators, restrooms, public transportation, libraries, museums and health care facilities.

 

Under the Board of Health's action, exceptions are allowed if a designated smoking area is provided, which is what most restaurants do. No business is permitted to allow smoking everywhere except bars and bowling alleys.

 

Because of recent court rulings, though, the restrictions don't have the force of law. Only an elected legislative group, like City Council, can impose a ban.

 

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20050406/NEWS01/504060367

 

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A compromise agreement has been reached, which will be pretty similar to what Toledo has in place now.  It also has the added flexibility of letting bsuiness owners decide.  From the 4/14/05 Enquirer:

 

 

Smoking ban won't apply to city bars

By Matt Leingang

Enquirer staff writer

 

Cincinnati City Council on Wednesday rejected a comprehensive ban on smoking in the workplace, refusing to go along with towns such as Columbus that take a tough stance on clean indoor air.

 

But in an 8 to 1 vote, City Council did adopt an ordinance that prohibits smoking in most public places (broadly defined as any indoor area where the public is invited) and requires restaurants to have no-smoking sections, something most already do. Bars, bowling alleys and other small businesses are exempt from any restrictions...

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20050414/NEWS01/504140391/1077

 

  • 2 weeks later...

So what's different then?? Why the waste of time on this issue? It sounds like to me nothing is going to change that currently exist! Boy Cincinnati...you really hosed out on this one! For shame to let 1 council member dictate a smoking policy for the rest of the city because there is a family owned bar involved...

I think the only real difference is that it will be enforced a bit more strongly.  But you're right...it's pretty much the status quo.

 

Honestly, with all of the municipalities in Hamilton County and places to go across the river, I don't see much action on a stronger ban unless it comes up as a statewide issue.  Even then, Cincinnati would be the one to fight against it the hardest.

I see it as common sense prevailing.  Allow individual restaurants to choose if they want to go completely smoke-free, or else require that they adequately provide for non-smokers.  I don't see how one can reasonably disagree with that solution, unless the goal is something other than serving the public.

  • 4 months later...

From the 9/15/05 Cincinnati Post:

 

 

PHOTO: Joanne Barber, Taylor Lewis, 3, and Melissa Lewis, having just been served their drink s, are ready to go over the lunch menu in the newly smoke-free Bob Evans restaurant in Eastgate.  TERRY DUENNES/The Post

 

Going smoke-free

Diners approve as more restaurants kick the habit

By Geoff Williams

Post contributor

 

Quitting smoking has never been easy, but restaurants are increasingly kicking the habit.

 

When Bob Evans rebuilt its Eastgate restaurant, the new building featured smaller dining areas, oak-ceiling beams, a gift shop and a fireplace. The new eatery, the corporate offices decided, also is smoke-free.

 

It is part of a trend seen more and more in Greater Cincinnati and nationwide, and it may just make good business sense...

 

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20050915/BIZ/509150353/1001/RSS04

 

  • 10 months later...

No smoking 'down on the farm'

Bob Evans banning lighting up inside restaurants July 31

BY JOHN ECKBERG | ENQUIRER STAFF WRITER

www.enquirer.com

 

Bob Evans Restaurants will ban smoking at 31 locations in Southwest Ohio and Northern Kentucky beginning July 31.

 

The public company decided to ban smoking because of customer complaints and the U.S. Surgeon General's finding that secondhand smoke is unhealthy, Mike Thompson, company vice president and regional director, said Monday...

 

E-mail [email protected]

SmokeFreeOhio surveyed Ohio residents in October 2005 and found 74 percent of people would eat out more often if smoking was banned from restaurants.

 

I do not like people smoking in close proximity to me when I am eating at a restaurant, but is this stat trying to say that 74% of Ohioans are currently dining out less because of smoking in restaurants?  Where in the hell are do these people go to dinner??  Diners, taverns, and Waffle Houses??  I didn't even think you could smoke outside of the bar area of almost any decent restaurant.  Other than bars, holes in the wall, and places with outdoor seating, can you even smoke at a table anywhere?  I know people that won't go to certain bars because they are too smokey, but it's not like they stay home because of it; there are always other places that are not.  I'm thinking we won't be seeing that 74% upturn in the restaurant biz if Ohio establishments go smoke free. 

Good point. I don't believe people really mean what they say when they are asked those things for the exact same reasons. You can't hardly smoke in any "dining room" setting of a restaurant - even casual ones. But I think the way the question is phrased people always seem to answer they would eat out more. You have to remember that SmokeFreeOhio wants people to answer a certain way, and I don't think you can really take them seriously.

 

maybe they meant go to bars more often?

I think the way the question is phrased people always seem to answer they would eat out more. You have to remember that SmokeFreeOhio wants people to answer a certain way

 

That's exactly what I'm getting at.  It is a total throw away stat because it is asked in a manner that will get a positive response for their cause.  Then they present it in the paper as if 3/4's of the residents of Ohio would actually get off their ass, hire a baby sitter, jump in the car, and go out to dinner more often if no one could smoke at all in public establishments.  I think the more accurate statistic would maybe be that 74% of Ohioans would enjoy their dining experience more if smoking were not permitted. 

  • 1 month later...

McDonald's banned smoking from its establishments in 1994.

 

 

You could smoke at the one in Portsmouth until 2003-2004.

I think smoke indoors is a lot worse than people think because it's trapped. I don't think restaurants have any kind of good ventilation and you have all these chemicals concentrated in stale air. Going outside isn't much better though with all of the exhaust from cars. I don't know.. Unfortnately smokers are more likely to choose a restaurant where they can smoke compared to nonsmokers chosing a restaurant because it's smoke free. Towns are losing business to other towns that allow smoking.

  • 3 months later...

NOTE: Now that the smoking ban has passed, I'm going to start posting Cincinnati-specific articles in this thread. Cincinnati merits interesting study because a sizeable portion of its metro, in Kentucky, is not covered by the ban.

 

Articles about possible smoking bans in Kentucky are also permittable here.


Both from the 11/11/06 Enquirer:

 

 

Is Ohio ban N.Ky.'s gain?

Smokers may boost local bars' business

BY SCOTT WARTMAN | ENQUIRER STAFF WRITER

 

Many Northern Kentucky bar owners, smokers and night owls expect to see more people in Newport and Covington when Ohio bars and restaurants go smoke-free Dec. 7.

 

Ohio voters approved a ban on smoking in enclosed public places Tuesday. Health experts and smoking ban proponents argue the ban will help, rather than hurt, Ohio businesses...http://news.nky.com/apps/pbcs.dll/article?AID=/AB/20061111/NEWS0103/611110378


Don't expect a Ky. smoking ban

BY SCOTT WARTMAN | ENQUIRER STAFF WRITER

 

Smoking-ban supporters say a public no-smoking referendum like the one Ohio approved this week isn't a possibility for Kentucky.

 

Kentucky law lists a set of issues that cities can put before voters, and smoking is not one of them, according to the Kentucky League of Cities and Secretary of State's office...

 

http://news.nky.com/apps/pbcs.dll/article?AID=/AB/20061111/NEWS0103/611110393

 

From the Community Recorder newspapers, 11/28/06:

 

 

Regional smoking debate could ignite in new year

BY CHRIS MAYHEW | COMMUNITY RECORDER STAFF WRITER

 

Leaders from Campbell, Boone and Kenton counties say any conversation about legislating smoke in public places needs to happen at the regional level.

 

Campbell County Judge-executive Steve Pendery said he wants to discuss the impact of Ohio's smoking ban on Northern Kentucky on a regional level...

http://news.communitypress.com/apps/pbcs.dll/article?AID=/20061128/NEWS01/611280341/1095/Local


From the 11/28/06 Hilltop Press:

 

 

Smoking ban has Hilltop businesses concerned

BY HEIDI FALLON | COMMUNITY PRESS STAFF WRITER

 

Carol Provisor isn't alone in her confusion and concern about the smoking ban that goes into effect Dec. 7.

 

Provisor has owned the Brentwood Bowl in Springfield Township since 1983...

 

http://news.communitypress.com/apps/pbcs.dll/article?AID=/20061128/NEWS01/611280381/1093/Local

 

From the 11/29/06 Enquirer:

 

 

Smoking ban covers stadiums

BY CLIFF PEALE | ENQUIRER STAFF WRITER

 

The Hamilton County Prosecutor’s office today advised the Bengals and Reds to ban smoking completely in Paul Brown Stadium and Great American Ball Park as a result of the smoking ban passed by Ohio voters earlier this month.

 

The ban will take effect Dec. 7, and the teams had requested guidance on how they should respond. Both the stadiums currently have designated smoking areas in concourses or stairs, and they felt the impact of the law on those areas was unclear. Smoking already is prohibited in the seating bowl of both stadiums...

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/AB/20061129/BIZ01/311300003/

 

From the 12/4/06 Cincinnati Business Courier:

 

 

Ashes to ashes

Owners of local bars, restaurants ready as smoking lain to rest

Cincinnati Business Courier - December 1, 2006

by Lisa Biank Fasig

Staff Reporter

 

Eddie Rush is waiting to inhale.

 

The owner of Northside Tavern is eager for the go-ahead to clear out the ashtrays and switch off the air purifier. Some of his customers and bartenders smoke, but he still welcomes Ohio's pending ban on the habit, to take effect at most public places Dec. 7...

 

http://cincinnati.bizjournals.com/cincinnati/stories/2006/12/04/story2.html

 

All from the 12/3/06 Enquirer:

 

 

Multimedia

* Chart: Backlash ahead? (PDF)

 

PHOTO: Chris Terry smokes in one of the designated smoking areas at University Hospital. On Thursday, smoking will be banned in all businesses, forcing smokers to leave before they light up. If they don't, they could face fines.  The Enquirer / Ernest Coleman

 

PHOTO: Mark Calahan of Amelia smokes as he plays pool at Suburban Bowl in Batavia Township. Smoking inside all public establishments in Ohio ends Thursday as a statewide ban goes into effect.  THE ENQUIRER / CARRIE COCHRAN

 

PHOTO: Mary Bowles, a nurse at University Hospital, sits inside one of the hospital's designated smoking areas to smoke a cigarette. Many area hospitals are already smoke-free.  THE ENQUIRER / ERNEST COLEMAN

 

Ban has smokers fuming

Law leaving many shops in a haze over following the rules

BY JAMES MCNAIR | ENQUIRER STAFF WRITER

 

When you walk into a bar, a bowling center or bingo hall on Thursday and smell nothing, you'll know Ohio's statewide ban on virtually all indoor smoking has begun.

 

Then again, give them a day or two to flush out the fumes. The ban takes effect Thursday, and some establishments intend to go out in a cloud of glory the night before...

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061203/BIZ01/612030353/1001/BIZ


How do you enforce the ban?

BY JAMES MCNAIR | ENQUIRER STAFF WRITER

 

It's late at night, the Ohio smoking ban is in force and a customer of the mostly deserted XYZ Bar on a sleepy Cincinnati corner breaks out a Saratoga Menthol 120 and puts a match to it under a cupped palm.

 

Who's gonna know? Who's gonna tell?

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061203/BIZ01/612030354/1076/BIZ

 

I don't smoke and don't go to bars much because of the smoke.  On thursday be sure to support your bar. It is going to be interesting to see what happens in the upcoming months. I will go out to the bars alot more because of the ban though.

The owner of Northside Tavern is eager for the go-ahead to clear out the ashtrays and switch off the air purifier. Some of his customers and bartenders smoke, but he still welcomes Ohio's pending ban on the habit, to take effect at most public places Dec. 7.

 

I was at Northside Tavern last week and came home stinking of smoke.  I am mixed on the ban but will add that it will be nice to hit the bars without the smell of coming from one.

Here is what I'm confused about at this point:

 

So, no smoking after midnight tonight.  However, no provisions will be in place for up to six months or more to actually punish anyone.  So is the enforcement at this stage just expecting everyone to just say "OK, I won't smoke in here anymore."  What's to stop an obstinate bar owner from saying "Screw you guys, you have no methods in place for punishing me at this point, so my bar will still be a smoking establishment."  Could anything actually be done about that?

 

I don't smoke and don't go to bars much because of the smoke.  On thursday be sure to support your bar. It is going to be interesting to see what happens in the upcoming months. I will go out to the bars alot more because of the ban though.

 

I will not be going to bars in Indiana or Kentucky - I will stick with Ohio. 

^ Agreed.

I should have waited one more day.  I smell like a ashtray thanks to the comet!

Here is what I'm confused about at this point:

 

So, no smoking after midnight tonight.  However, no provisions will be in place for up to six months or more to actually punish anyone.  So is the enforcement at this stage just expecting everyone to just say "OK, I won't smoke in here anymore."  What's to stop an obstinate bar owner from saying "Screw you guys, you have no methods in place for punishing me at this point, so my bar will still be a smoking establishment."  Could anything actually be done about that?

 

That is an excellent question.  No one has an answer for that.  All they say is "remove the ashtrays and post signs".  They don't tell you what to do, except for a complaint number to call to the state department of health, who can't help you because there are no rules.

 

They should have worked this all out ahead of time.  In fact, it should have been in the ballot language.

 

Expect lawsuits.

 

What will happen to places that offer hookah? Is that covered by the ban too?

^ Yes.  See the topic in Ohio Politics...there are several stories about hookah cafes and cigar bars in there.

 

As a bar owner who voted for the ban and can't wait for it to go into effect, let me tell you this..

 

We're not enforcing it until they enforce it.

 

And I expect most bars will do the same. Otherwise, customers are going to get angry, because they now know they are no penalties. It sucks, and its only going to make the new start date even harder.

 

That having been say, this thing will be a lot easier to enforce in May, when its not freezing outside the first weekend you can't smoke indoors.

I just saw on the news that they are not going to be enforcing it until the rules are straightened out and it looks like bar owners aren't going to ban smoking until that goes into effect, at least that was the impression the story gave.  They went to a couple places and people were still lighting up.  So now we have to wait until May.  As a non-smoker who spends a lot of time working in a bar, this is very disappointing when I thought I was finally free of it.

 

From the PD: (www.cleveland.com)

Smoking ban violators won't be fined, yet

7:30 p.m.

 

CINCINNATI (AP) — Attorneys representing a trade group that filed a lawsuit trying to block Ohio’s new smoking ban agreed Thursday to put their lawsuit on hold in exchange for assurance by the state that it would not fine any alleged violators until the law’s rules are in place.

 

Attorneys for the trade group and for the Ohio Department of Health say that, under a requested consent decree, the state would not issue any warning letters or fines for complaints it receives before the law’s rules and regulations are completed. Lawyers said they expect to file the agreement Friday in Hamilton County Common Pleas Court...

 

We're not enforcing it until they enforce it.
Dam! I had my hopes up I could actually breathe in a bar for once.  Guess I can wait till May save some $ by not going until it's in full effect.

Well, I'm going to enforce it. With my good friends Smith and Wesson. [Kisses Biceps]

Smoke-free, ban or not

BY ERIC HORNBECK | ENQUIRER STAFF WRITER

December 9, 2006

 

CINCINNATI - Most businesses in Greater Cincinnati are now smoke-free - despite a state announcement that businesses won't face immediate penalties for violating a new smoking ban, according to an informal Enquirer survey Friday.

 

"There was some confusion last night," said Paul Stringer, general manager of The Pub in Rookwood Commons. "But we talked about it, and we've decided to be entirely smoke-free..."

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061209/NEWS01/612090339/1077/COL02

As a bar owner who voted for the ban and can't wait for it to go into effect, let me tell you this..

 

We're not enforcing it until they enforce it.

 

And I expect most bars will do the same. Otherwise, customers are going to get angry, because they now know they are no penalties. It sucks, and its only going to make the new start date even harder.

 

That having been say, this thing will be a lot easier to enforce in May, when its not freezing outside the first weekend you can't smoke indoors.

 

Even though there may not be a criminal penalty for not enforcing the law, a bar owner may still have civil liability if a disgruntled customer complains, since it is still a valid law on the books right now. By not enforcing it a bar owner may be buying themselves a lawsuit if they are not careful

interesting, the property owner may have a duty of care to the invitees.

Nick's argument as to why he is not complying with the law is very flawed.  Especially for someone who dealt with everything he did in OTR.  What he is basically saying is since the cops (State) is not enforcing a law he is not complying with it.  Couldn't the drug dealers who were selling drugs on the streets close to his bar in OTR make the same argument??  The cops weren't enforcing the laws so they would sell drugs.  Once the cops decide to enforce the laws then they would stop selling drugs??

 

Seems very contradictory to me!!

I think there's a difference of degree here that makes the comparison pretty unhelpful...I mean, honestly, drug dealers?  Come on...

 

But who's decision is it on the degree of the law that you should follow??  So you are saying that since the smoking ban is less harmfull than drug dealing then it is ok to be ignored???  I say a law is a law and it should be followed................

 

We can not pick and choose which laws to follow

Brutus:

 

Wow... that is a really good point. Seriously, that hadn't occurred to me. Great legal advice.

 

We'll likely go non-smoking at the start of the next business week. Northside Tavern and The Comet went non-smoking, so that takes a lot of the pressure off of us. So, all you smokers, come on out tonight, this will be your last chance.

But who's decision is it on the degree of the law that you should follow??  So you are saying that since the smoking ban is less harmfull than drug dealing then it is ok to be ignored???  I say a law is a law and it should be followed................

 

We can not pick and choose which laws to follow

 

Obviously not.  But there's a matter of degree.  Is a guy going 57 mph on I-71 between downtown and Kenwood as bad as a guy barreling along, drunk and high, sideswiping school busses running nuns off the road?  Equating the two is just stupid.  And equating Nick allowing someone to break an unenforced law with a frickin' drug dealer is also just foolish.

 

 

Wow... that is a really good point. Seriously, that hadn't occurred to me. Great legal advice.

 

We'll likely go non-smoking at the start of the next business week. Northside Tavern and The Comet went non-smoking, so that takes a lot of the pressure off of us. So, all you smokers, come on out tonight, this will be your last chance.

 

Well played!  Now that is being open minded and flexible.

I'm still smoking in Oxford bars. The owners don't care.

Skyline Chili expands smoking ban

ENQUIRER STAFF REPORT

December 15, 2006

 

CINCINNATI - Skyline Chili said Thursday it will implement the smoke-free policies of its Ohio restaurants at four more of its 17 Northern Kentucky locations, starting today.

 

The restaurants are at 339 Richwood Road in Walton; 7340 Industrial Road in Florence; 1968 Declaration Drive in Independence; and 5062 Old Taylor Mill Road in Taylor Mill...

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061215/BIZ01/612150390

It appears that more and more places are now enforcing the ban. I was at McFadden's the last 2 weekends and it appears that this weekend the ashtrays were removed. Granted this weekend when I was there is was during happy hour so I am not sure what it is like late night.

 

I also when to Quatman Cafe, a little neighborhoody bar in Norwood. It used to smell like a chimney there but thankfully no longer. I was impressed.

Im not for a smoking ban in ALL public places... Im not a smoker but I enjoyed smoking hookah from time to time at Mejana on 6th street. Now that the smoking ban is in effect I'm not sure its worth going to that restaurant anymore. Its so funny seeing groups of drunk people step outside of bars to smoke now.

I was at McFadden's friday, some of my friends were smoking at the end of the night and nobody bothered them.  But I didn't really see anybody else lighting up.

  • 3 weeks later...

From the 12/12/06 Forest Hills Journal:

 

 

Businessmen differ on impact of smoking ban

BY LIZ CAREY | COMMUNITY PRESS STAFF WRITER

 

Long before voters decided to eliminate smoking in public places, Main Street Cafe in Newtown eliminated all smoking from its 13-year-old restaurant.

 

And while business hasn't suffered since their March 1 "No smoking" policy went into effect, owner Dave Murrie said he's still not for the new law...

 

[email protected]

248-7139

 

http://news.communitypress.com/apps/pbcs.dll/article?AID=/20061212/NEWS01/612120339/1058/Local

 

From the 12/31/06 Enquirer:

 

 

PHOTO: Carlo Seta (left) and Kelli Wall enjoy some strawberry hookah at Andy's Mediterranean Grille on Friday. Restaurant owners continue to be confused about the smoking ban, especially those who run hookah-smoking establishments such as Andy's.  The Enquirer / James Geyer

 

PHOTO: Hookah comes in tablets of many flavors. The tablet is placed at the top of the hookah, and the smoke is sucked through the pipes.  THE ENQUIRER / JAMES GEYER

 

Ban threatens hookah spots

BY QUAN TRUONG | [email protected]

 

On a side street in Walnut Hills, a well-known Middle Eastern restaurant holds Andy Hajjar's American dream.

 

For his customers, Andy's Mediterranean Bar and Grill is a portal into Arabic traditions that have become the restaurant's most marketable attractions - rhythmic music, belly dancers and hookahs...

 

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20061231/NEWS01/612310376/1077/COL02

 

The lack of exceptions for places like this is what really tics me off with the issue that passed.

 

:x

  • 3 months later...

From the 5/2/07 Cincinnati Post:

 

 

Smoke out

Ohio's smoking ban could be bonanza for Kentucky's bars

By Kerry Duke

Post staff reporter

 

Like many other owners of restaurants, bars and other establishments in Northern Kentucky, Jerry Blaschke figures Ohio's ban on smoking in public and workplaces will send residents there across the river to light up.

 

"We have noticed it already," said Blaschke, owner of Cosmo's Grille Pub in Covington's MainStrasse. "One of my regulars - he lives in Ohio - he tells me he's selling his house and moving over here. He's a smoker. He's quite angry. That's the extreme."...

 

http://news.cincypost.com/apps/pbcs.dll/article?AID=/20070502/NEWS01/705020361

 

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