Ohio Smoking Ban

December 13, 200618 yr

But complaints will still help out...squeeky wheels, grease, etc...and you know if your local bar has a butt-ton complaints lodged in the database between now and enforcement time, that they'll be high on the list when enforcement time comes...

December 13, 200618 yr

You know, I wonder if the police were to show up at an establishment, and they ordered the patrons to stop smoking, and the patrons refused - they couldn't be fined for smoking...but they certainly could be fined for disobeying a lawful order; the bar owners could be fined for the same thing, I would think...why couldn't this enforcement be local? I mean, I'm wholly against the ban, but it's the frickin' law now, and folks ought not be dodging it.

December 14, 200618 yr

^ in one case a man was charged with trespassing after the owner told him to put out the cigarette, and when he didn't, the owner asked him to leave the premises, and he didn't, saying the lay wasn't in effect yet, etc. then the police came and charged him with trespassing, since the owner has the final say on who is the bar. i would assume this approach could be taken by many bar and restaurant owners in the near term to enforce.

December 19, 200618 yr

great, now all of the people who stayed away from the bars because of smoke can now come in and order their mohito's, maitais and pina coladas.

December 19, 200618 yr

^Realize what the mark-up is on drinks like those? Management should be kissing our big pale anti-smoker behinds.

December 19, 200618 yr

^Realize what the mark-up is on drinks like those? Management should be kissing our big pale anti-smoker behinds.

How expensive is the drink? $8? $10 tops? come on! And thats probably using top shelf stuff. Try spending $12-15 on that same drink using dishwater in place of Belvedere or grey goose!

December 19, 200618 yr

^Realize what the mark-up is on drinks like those? Management should be kissing our big pale anti-smoker behinds.

How expensive is the drink? $8? $10 tops? come on! And thats probably using top shelf stuff. Try spending $12-15 on that same drink using dishwater in place of Belvedere or grey goose!

And you think after the first two they're still making 'em with the top shelf?

Can we say "You're soaking in it?"

December 19, 200618 yr

^Realize what the mark-up is on drinks like those? Management should be kissing our big pale anti-smoker behinds.

How expensive is the drink? $8? $10 tops? come on! And thats probably using top shelf stuff. Try spending $12-15 on that same drink using dishwater in place of Belvedere or grey goose!

And you think after the first two they're still making 'em with the top shelf?

Can we say "You're soaking in it?"

personally, I don't think thats a lot for a drink. It's ohio, the drinks are reasonable priced and in large glasses unlike some places I've been.

December 19, 200618 yr

compared to nyc chicago dc or atlanta, we have really cheap bars.

December 19, 200618 yr

compared to nyc chicago dc or atlanta, we have really cheap bars.

atlanta? I drink are more expensive. ATL is straight up cheap! DC is way more expensive than chicago on the drinking type. Boston is ridiculous as well! surprisingly, philly bars are reasonable.

December 19, 200618 yr

i guess it all depends on where you go in atlanta. In midtown and buckhead they are very pricey. Even out in little five points they are still kind of expensive. Then again, i typically go to cincinnati dive bars with 95c draft happy hours, so everything seems expensive to me.

December 19, 200618 yr

i guess it all depends on where you go in atlanta. In midtown and buckhead they are very pricey. Even out in little five points they are still kind of expensive. Then again, i typically go to cincinnati dive bars with 95c draft happy hours, so everything seems expensive to me.

those place - to me - are cheaper than downtown cleveland, flats, ohio city. but since you state what type of establishments you patronize.....that pretty much sums it up! :wink:

December 21, 200618 yr

Didn't know if I should post this here, or somewhere else, but I will post here for now...

From the Dayton Daily News:

Draft of smoking ban enforcement rules posted

By Kevin Lamb

Staff Writer

Wednesday, December 20, 2006

The Ohio Department of Health posted draft enforcement rules for the state's indoor smoking ban on its Web site Wednesday, giving people until Jan. 11 to comment on them.

Link unavailable.

December 21, 200618 yr

And another on for the truckers out there...

Truckers get OK to smoke in cabs as long as they are alone

Staff report

Wednesday, December 20, 2006

COLUMBUS — Truckers might be breathing a little easier, or at least smoking easier.

An Ohio Department of Health draft of proposed rules for the statewide smoking ban allows truckers to smoke as long as they are alone in their cabs.

December 21, 200618 yr

From the 12/7/06 Dispatch:

Smoking ban in effect, but penalties in limbo

Businesses prepare to follow state law

Thursday, December 07, 2006

Mark Ferenchik , James Nash and Paul Wilson

THE COLUMBUS DISPATCH

She’s not happy about it, but Kay Crane cleared the ashtrays from her tables and posted no-smoking signs at her Franklin Township restaurant yesterday.

The statewide smoking ban kicks in today, and Crane is complying, although her customers would prefer to light up as they dig into their biscuits and gravy or bacon and eggs.

"This is what our patrons want, somewhere to smoke," said Crane, who owns the Breakfast Barn at 1275 Brown Rd.

Read more:

[email protected]

[email protected] [/i]

http://www.dispatch.com/news-story.php?story=dispatch/2006/12/07/20061207-A1-03.html

From the 12/7/06 Toledo Blade:

OHIO BAN GOES INTO EFFECT TODAY

Some area bar owners pledge to ignore new state no-smoking rules

By JENNI LAIDMAN

BLADE STAFF WRITER

In a smoke-choked room, jammed with bar owners, employees, and their supporters, attorney Joe Loeffler gave his advice for compliance with the new state smoking ban that goes into effect today.

Light 'em up.

"No! Do not put signs up!" Mr. Loeffler told the more than 120 people standing and sitting and squeezing through the door to a side room at Delaney's Lounge on Alexis Road.

From the 12/7/06 DDN:

Puffers have to leave as smoking ban arrives

By Anthony Gottschlich

Staff Writer

Thursday, December 07, 2006

So long, smoky bars and smoking sections. Your time has passed like a spent cigarette under a smoker's shoe. For the most part you're no longer legal in Ohio.

Ohio's tough new Smoke-Free law, approved as Issue 5 by voters Nov. 7, goes into effect today.

IT BANS: Smoking in most indoor public places and workplaces, including bars, restaurants and bowling alleys, traditional havens for tobacco enthusiasts.

ALSO SMOKELESS: Some truckers, taxi drivers and others who make a living behind the wheel.

From same:

In the lodges and clubs, uncertainty about the cloud of smoking ban

Many burned by the measure they backed because they believed it would not apply to their groups.

By Terry Morris

Staff Writer

Thursday, December 07, 2006

DAYTON — Some members of fraternal organizations supported Ohio's Issue 5 in the November election thinking it wouldn't have any effect on them.

"Most of us thought it wouldn't affect us because we're a private non-profit organization," said Robert Taylor, second vice commander of American Legion Post 2000 on Burkhardt Road in Riverside. "We actually thought our business would pick up when our members couldn't smoke at the base officer's club or other bars. Now it looks like that won't be true."

From the 12/7/06 ABJ:

Smoking ban takes effect across Ohio

Enclosed public spaces are cigarette-free zones

By Tracy Wheeler

Beacon Journal medical writer

Attention, smokers: As of today, no smoking is allowed in restaurants, bars, bowling alleys, bingo halls and workplaces (including company vehicles, parking garages and warehouses).

Essentially, any enclosed public space is now off-limits to smoking.

So, what better time to quit?

December 21, 200618 yr

From the 12/7/06 Canton Repository:

Ban on smoking goes into effect today

By G. PATRICK KELLEY

REPOSITORY BUSINESS EDITOR

A lot of smokers appeared to be resigned - or even grateful - on the eve of the state's ban on smoking in public buildings.

State Issue 5, approved by voters in November, takes effect today. It prohibits smoking in all buildings other than private homes, tobacco shops, designated hotel rooms, some family-operated businesses and private clubs and enclosed areas in nursing homes.

"I don't mind it. I need to quit anyway," said Chris Jacobs of Canton. The 25-year-old was playing pool Wednesday at Fiddlestix Billiards Cafe in Jackson Township and said he has been smoking for about six years.

From the 12/7/06 Hamilton JournalNews:

Area businesses concerned as smoking ban starts

By Lindsey Hilty and Matt Cunningham

Staff Writers

Thursday, December 07, 2006

FAIRFIELD — Gilmore Bowling Lanes will be smoke free today when The Smoke Free Workplace Act goes into effect.

"It's all new to us and we're hoping for the best," said Chuck Edmonson. "I'm concerned, but I kind of make a habit of only worrying about things I can control."

From the 12/7/06 Middletown Journal:

If you got 'em, don't smoke 'em

Smoking ban begins today

By Christopher Magan

Staff Writer

Thursday, December 07, 2006

If you're smoking in a public place today and you're not on fire, then you're probably breaking the law.

Enforcement of the Smoke-Free Workplace Act, approved by voters last month, still has to be worked out. But owners of restaurants, bars, bowling alleys and most other places where Ohioans are used to lighting up must remove ash trays and prohibit smoking starting today.

Read more:

Contact this reporter at (513) 705-2845 or [email protected]

http://www.middletownjournal.com/n/content/oh/story/news/local/2006/12/07/mj120706buttsout.html

From the 12/7/06 Springfield News-Sun:

Smokers mourn as they light up for the last time in local taverns

Bar worker fears new law could be the end of the business.

By Justin Thompson

Staff Writer

Thursday, December 07, 2006

As the clock neared the no-smoking deadline Wednesday night, patrons of Donahue's Tavern on Springfield-

Xenia Road puffed their cigarettes for one last time in a smoky bar.

December 21, 200618 yr

From the 12/7/06 Lima News:

Smoking ban begins today

BY KIMBERLY R. SIMMONS - Dec. 7, 2006

LIMA — Many establishments in the region are set to comply with a new state law banning smoking in businesses that goes into effect today. But Wednesday, on their last day to smoke at some of their favorite locations, some customers were not happy.

From the 12/7/06 Findlay Courier:

Ohio goes smoke free today

By JOHN GRABER

STAFF WRITER

Put 'em out, if you've got 'em.

Issue 5, which prohibits smoking in most of Ohio's indoor public places, goes into effect today.

From the 12/7/06 Wilmington News Journal:

Health right or civil rights fight?

Rachel Colliver

Staff Writer

The bars in Clinton County and indeed around Ohio were a little bit more busy Wednesday than usual. The smoking ban voted into law Nov. 7 goes into effect today and smokers at MacD's Pub said they were taking advantage of the last night they could legally smoke in an Ohio bar.

From the 12/7/06 Bucyrus Telegraph Forum:

Ohio smoking ban begins

New law means lots of changes

By Kimberly Gasuras

Telegraph-Forum staff

BUCYRUS -- Even though Greg Ten Eyck quit smoking cold turkey years ago, he does not care one way or another about the smoking ban that goes into effect today at all businesses.

"It doesn't matter to me if I go to a restaurant and people are smoking or not. I do not see why the law was needed," Ten Eyck said Wednesday.

Thomas Oberlander II wonders where our government is heading.

December 21, 200618 yr

From the 12/7/06 Lancaster Eagle-Gazette:

Smoking ban starts today

Opinions on the ban run the gamut

By TAMARIA L. KULEMEKA

The Eagle-Gazette Staff

[email protected]

LANCASTER - Ashtrays no longer adorn the tables at Pink Cricket's or any other restaurant and bar across the state - or at least that should be the case.

Paul Hoch, Pink Cricket's owner, is complying with the state's Smoke Free Workplace Act, which became law today.

Hoch, who was interviewed at his restaurant/bar during lunchtime Wednesday, didn't look forward to removing the ashtrays and posting a "No Smoking" sign at his front entrance.

From the 12/7/06 Western Star:

Smoking in public ends today in Ohio

Ohio says those who puff had better go poof in places open to the public. There are exceptions to the law.

Wednesday, December 06, 2006

By Tom Beyerlein

Staff Writer

The American Indians did it. Christopher Columbus and his crew did it. Humphrey Bogart and Lauren Bacall did it, too.

But starting today, if you do it in a public place in Ohio, you'll be breaking the law.

Ohio's stringent new smoking ban, approved as Issue 5 by voters on Nov. 7, has taken effect. Unless you're firing up some incense for a religious ceremony, you'd best not ignite any tobacco products in most buildings other than private residences and some private clubs.

From the 12/7/06 Chillicothe Gazette:

Today's smoke-free

Local businesses prepare for a new public smoking law

By LOREN GENSON

Gazette Staff Writer

Today marks the official start of a smoke-free Ohio.

The Smoke-free Workplace Act begins today - one month after 58 percent of Ohio voters passed a referendum to ban smoking in all public buildings, bars and restaurants. The referendum goes into effect today, but some of the rules have yet to be ironed out, said Rami Yoakum, a spokesman for the Ross County Health District.

From the 12/7/06 Sandusky Register:

Ready to fight for right to light

By CHAUNCEY ALCORN | Wednesday December 06 2006, 2:31pm

SANDUSKY Employers and businesses throughout the Sandusky area are replacing ashtrays with no-smoking signs today as the new statewide smoking ban goes into affect.

While some take the new law in stride, others plan to fight against a law they believe is discriminating and will hurt their business.

Some area businesses have already started to comply with the ban.

December 21, 200618 yr

From the 12/7/06 Port Clinton News Herald:

Smoker says he'll be doing a lot of sneaking

By DAN DEARTH

Staff writer

PORT CLINTON -- Rick Renwand said bar patrons will find a way to get around the state's smoking ban once it takes effect today.

The ban was approved by 58 percent of voters on election day last month and encompasses nearly all work places and public buildings. Exceptions include tobacco shops, designated hotel rooms and enclosed areas of nursing homes.

From the 12/7/06 Defiance Crescent-News:

Smokers must now take their butts outside :roll:

December 7, 2006

By JARED ORZOLEK

[email protected]

NAPOLEON -- Area tobacco users enjoyed their last legal cigarettes inside local bars, restaurants, bowling alleys and places of employment on Wednesday as the Smoke Free Ohio ban kicked in at 12:01 a.m. today.

Smoke Free Ohio, which is the result of a statewide ballot issue approved by 58 percent of voters in the Nov. 7 general election, prohibits smoking in most public places and places of employment. Private residences are exempt from the ban, along with designated hotel rooms and certain outdoor patios.

From the 12/7/06 Xenia Daily Gazette:

Smoking ban begins

By Rainey Howarth and Aaron Keith Harris

Staff Writers

XENIA -- Business owners aren't the only ones uncertain about how to comply with the strict statewide smoking ban that takes effect today, 30 days after being approved by 58 percent of voters.

Local health officials are awaiting regulations and enforcement guidelines from the Ohio Department of Health, which has six months to set specific statewide policies.

From the 12/7/06 News-Herald:

Clouds of smoke and confusion still not clear

'No Smoking' signs in demand

By: Brandon C. Baker

[email protected]

12/07/2006

Ever since Nov. 7 when voters passed Issue 5, Ohio's ban against smoking in public places, conversations have lit up across the state.

Today's ban will prohibit smoking in all places of employment. Business owners' preparation, or lack thereof, will be tested on its first day in effect.

"The only thing we can do is follow the law and pull out all of the ashtrays, which is a terrible thing in a free country," said Steve Pilic, owner of Willowick Restaurant and Lounge. "It should be a choice of the owner and they are taking the freedom away from us."

December 21, 200618 yr

From the 12/7/06 Ironton Tribune:

Statewide smoking ban starts today

By Kirsten Stanley/The Ironton Tribune

Thursday, December 7, 2006 10:13 AM CST

If you’re a smoker and plan to go out today, make sure you don’t plan on lighting up.

A statewide law nixing smoking in most public places is now in effect.

December 21, 200618 yr

From BG News, 12/7/06:

Bar owners unhappy over ban

By: Kara Ohngren

Issue date: 12/7/06 Section: Campus

Local bar owners are unhappy.

Earlier this fall, 58 percent of voters passed ballot Issue 5 which will ban smoking in all "public places" and "places of employment" beginning today - this naturally includes bars.

Bob Everhart, owner of Ziggy Zoomba's Bar and Grill on East Wooster Street, said he thinks the new law is "stupid" and is disappointed that voters adopted an issue that doesn't directly affect them.

From the 12/7/06 (YSU) Jambar:

Students react to smoking ban at YSU

Justin Charles Hite

Issue date: 12/7/06 Section: pageone

Youngstown State University students received an e-mail from Manager of News and Information Services Ron Cole on Wednesday regarding the university's new rules against smoking, Beginning today, a law banning smoking goes into effect.

The new law prohibits smoking in public buildings and smoking in spaces immediately adjacent to building entrances. YSU, which already prohibits smoking in buildings, is extending the smoking ban to the entire campus.

However, Cole's e-mail stated that the university will consider establishing two areas on the campus core where smoking can occur.

From the 12/7/06 (OU) Post:

Statewide ban snuffs out public smoking

Justin Thompson / Associate Editor / [email protected]

Kantele Franko / City Editor / [email protected]

Although the official system of enforcement will not be in place until June, the public smoking ban passed by Ohio voters officially took effect today, leaving many of the state's roughly 2 million adult smokers feeling burned.

The statewide law, which 62 percent of Athens County voters supported, nullifies the city of Athens' Clean Indoor Air Ordinance, said city Code Enforcement Director Steve Pierson, whose office handled complaints related to the ordinance. That set of regulations, approved more than 15 years ago, prohibits smoking in some public places, such as public transportation,

December 21, 200618 yr

From the 12/8/06 PD:

Teams, arenas adjusting to smoking ban

Friday, December 08, 2006

Harlan Spector

Plain Dealer Reporter

The Indians said Thursday that the team will ban smoking in luxury suites and other designated areas of Jacobs Field to comply with a new state law approved by voters.

Smoking has been prohibited in seating areas of the ballpark since it opened in 1994. The SmokeFree Ohio law that took effect Thursday requires the team to eliminate smoking in several designated areas as well as the Club Lounge and Terrace Club restaurant, Indians spokesman Bob DiBiasio said.

Team officials considered creating corralled smoking areas outside the ballpark, which would allow fans to exit and re-enter, he said. But the Indians determined that outside areas would violate the law, which says patios must have a partition that prevents smoke from migrating indoors.

From the 12/8/06 Dispatch:

Smoking ban put on hold

Deal means law might not be enforced until June

Friday, December 08, 2006

Bill Bush and Matt Tullis

THE COLUMBUS DISPATCH

The state of Ohio acknowledged yesterday that it can’t enforce a statewide smoking ban until rules and regulations are drafted sometime next year.

The smoking ban, which was approved by Ohio voters in the November election, officially took effect yesterday.

From the 12/8/06 Blade:

Bar owners wait to see if smokers stay

Many fear state ban will drive customers to Michigan clubs

By CLYDE HUGHES

BLADE STAFF WRITER

Xenios Xenofontos looked around his bar with a handful of customers yesterday afternoon and worried who would show up last night and who would opt to drink - and smoke - in Michigan.

Mr. Xenofontos, the owner of the Good Times Sports Bar & Grill, at 5119 Jackman Rd., faced the same dilemma every bar owner around Ohio faced yesterday during the first hours of the state-enforced smoking ban.

From the 12/8/06 DDN:

Bars, restaurants, patrons adjust to Ohio's smoking ban

Said one casual smoker: 'I'm not worried about it. I'm kinda glad. I don't like all that smoke.'

By Anthony Gottschlich

Staff Writer

Friday, December 08, 2006

DAYTON — In the "old" days, a haze of blue smoke would greet patrons as they entered the Moraine Embassy bar and restaurant downtown.

But old smoky was just a memory here Thursday, the first day for Ohio's strict new Smoke-Free law that bans smoking in most indoor public places and workplaces, including bars, restaurants, bingo halls and bowling alleys.

"The heaviest smokers didn't come," server Kathy Thompson said shortly after the lunch rush. "I've got two ladies that come in — they smoke 10 to 14 cigarettes an hour. They weren't here."

From the 12/8/06 ABJ:

Out on their butts :roll:

Smokers brave the elements as new ban takes effect

Beacon Journal staff report

Ohio voters decided in November 3-to-2 to outlaw smoking in virtually all public places.

Members of Akron's VFW Post 3383 decided to take their own vote over whether the club should comply with the new law.

December 21, 200618 yr

From the 12/8/06 Canton Repository:

Restaurants, smokers adjust as ban begins

By LORI MONSEWICZ

REPOSITORY STAFF WRITER

CANTON Peanuts and toothpicks replaced ashtrays at Walther’s Cafe on Thursday and waitresses were no longer asking, “Smoking or nonsmoking?” before seating customers.

Barmaid Cindy Bowman said her usually smoking customers who are now prohibited by the state’s new law banning smoking in public places are “handling it pretty good.”

From the 12/8/06 Warren Tribune Chronicle:

Smoke signals differ

From staff / wire reports

Smokers facing public bans on their vice still may be able to smoke in public, depending on how a new legal challenge to the law fares as it works its way through the court system.

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 enforce the ban until the law’s rules are in place, something not likely to happen before May 2007.

From the 12/8/06 Lorain Morning Journal:

First night of no smoking leaves some fans out in the cold

MEGAN KING, Morning Journal Writer

12/08/2006

AVON LAKE -- The Steelers may have smoked the Browns at Heinz Field last night, but no smoking was allowed in bars where Lorain County residents gathered to watch the game.

Yesterday marked the first day of smoke free bars, restaurants and other public places in Ohio because Issue 5, a smoking ban passed by almost 60 percent of the voters statewide last month, went into effect.

From the 12/8/06 Zanesville Times Recorder:

Smoking ban still elicits mixed feelings

Staff Report

Born Sianjina, boys' soccer coach at River View High School, is glad Ohio's new smoking ban went into effect Thursday.

Working with young people enables him to see some of the effects smoking has on health.

"If a kid smokes, you can tell, they don't have the endurance they should," he said.

A nonsmoker, Sianjina said smoking doesn't just affect the smoker.

December 21, 200618 yr

From the 12/8/06 Lima News:

Smoking ban won’t be enforced, yet

BY KIMBERLY R. SIMMONS - Dec. 8, 2006

LIMA — Thursday began as the first day of a smoking ban in public places. By afternoon, attorneys for the state and a trade group had agreed to put enforcement of the law on hold until details and specifics are worked out.

From the 12/8/06 Medina Gazette:

Barmaid gets jump on new smoking ban, quits 5 weeks early

By KATIE KHOURY

Staff Writer

MEDINA — Pixie Stutts didn't wait for Ohio's new smoking ban to take effect.

Stutts, a bartender at the Roadside Inn in Lafayette Township, said she became a nonsmoker "as of the election."

"My take on it was that once they passed the no-smoking law, not only were customers going to be grumpy, so were the barmaids," she said. "So I figured if I stopped smoking five weeks ago, I'd be the pleasant one when everyone else was grumpy because they couldn't have a cigarette."

From the 12/8/06 Miami Student:

Ohio enacts statewide smoking ban

Policy requires business owners to remove ashtrays, post signs

Claudia Auger

Issue date: 12/8/06 Section: Front Page

On Wednesday evening, Miami University senior Tim Yaczo lit a cigarette outside of Balcony, perhaps foreshadowing many more outdoor cigarette breaks to come.

Thursday, Ohio enacted Issue 5, The Smoke Free Workplace Act supported by SmokeFree Ohio, which was passed in the November election. The new law places a ban on smoking in indoor public places in the state of Ohio.

From the 12/8/06 Washington Court House Record Herald:

Companies comply with ban

Customers adjusting to end of smoking in public places

Ryan Carter

Staff Writer

Everyone may not like it, but the statewide smoking ban is here and the effects of the new law were evident in Washington C.H. on Thursday.

"I've noticed the signs up on all the restaurants," said Jerry Minor of Washington C.H. "It looks like everyone is pretty serious about this new law. I've been trying to quit smoking, so this may help me."

December 21, 200618 yr

From the 12/8/06 Urbana Daily Citizen:

New smoking law? What new smoking law?

Some complying, others in denial

SHAUN DUNLAP

Staff Writer

Several local establishments were looking empty on Thursday, while others were business as usual when the statewide smoking ban went into effect.

The ban, which was passed on Nov. 7, prohibits smoking in nearly all public buildings and work places including bars, restaurants and bowling alleys.

Kenny and Debbie Connell, owners of K-n-D's Sports Bar and Grill in Mechanicsburg, said they usually have a significant happy hour crowd, but the smoking ban was already affecting business because only a few customers were attending the after-work event.

From the 12/8/06 Massillon Independent:

Smokers take it outside

By MATTHEW RINK

[email protected]

The signs were posted at the Alibi. The ash trays were stacked behind the counter at Smiley’s.

And Bill Keinath shivered outside.

If a new state law banning smoking didn’t keep Keinath from his cigarettes, the bitter wintry winds sure did.

From the 12/8/06 News-Herald:

Issue still smokin'

Judge: No enforcement of smoking ban until the rules are in place

By: David W. Jones

[email protected]

12/08/2006

Ohio's new smoking ban won't be enforced until everybody understands what state laws they're supposed to obey, a judge ruled late Thursday afternoon.

Franklin County Common Pleas Court Judge Richard J. Frye made the ruling in response to a lawsuit filed by the Ohio Licensed Beverage Dealers Association.

Association President Kathy Bean owns the Petticoat Junction restaurant and bar in Mentor. She could not be reached for comment Thursday.

In a "consent decree," the beverage dealers and Ohio Department of Health mutually agreed to comply after the association filed a request for a temporary restraining order to halt the law.

"Specifically," the judge wrote, "ODH shall not make findings of violation, issue warning letters or assess/impose civil fines upon any business, organization, proprietor, employers, employee or individual who is alleged to or has violated" the new ban.

The state agency and county health departments cannot enforce the voter-approved new law "until such time" as the ODH director decides the rule, the judge wrote.

State health officials have said that clarifying exact aspects of the new state law might take up to six months.

Read more:

Staff Writer Sandra M. Klepach contributed to this report.

http://www.news-herald.com/site/news.cfm?newsid=17565763&BRD=1698&PAG=461&dept_id=21849&rfi=6

From the 12/8/06 Times-Reporter:

Confusion rules on first day of smoking ban

By KYLE KONDIK, T-R Staff Writer

Before the implementation of Ohio’s statewide indoor smoking ban Thursday, Dover’s Best Friends Bakery had a smokeless environment any anti-smoking advocate would applaud.

December 21, 200618 yr

From the 12/8/06 Greenville Daily Advocate:

Smoking ban ignored in bars

Bob Robinson

Managing Editor

GREENVILLE - In one local bar, a smoking customer sits down and the bartender pulls an ashtray from under the counter and places it in front of him.

In another local bar, the customer asks for a cup with about an inch of water in it... the ashtrays had been tossed that morning.

According to one source, there were private clubs where no attempt was made to even pretend to abide by the smoking ban, which went into effect Thursday. Ashtrays sat in the same place as they had the day before.

Business as usual.

Smoking as usual.

From the 12/8/06 Athens Messenger:

Hocking College gets tough with tobacco

Matt Gallagher

Messenger staff writer

NELSONVILLE - Inspired by the Ohio Smoke Free Workplace Act banning smoking in public indoor places that kicked in Thursday, the Hocking College Board of Trustees passed a tobacco ban that went a step further.

The trustees banded the use of all tobacco on the entire campus, except inside private vehicles and specifically designated areas that will be decided later. These areas will include certain Inn at Hocking College rooms and places that are deemed tobacco-friendly by the college.

The ban even goes so far as to bar the use of tobacco products in the woods. Outdoor classes held on Hocking College property will be completely tobacco-free, according to the new policy.

"Hitler would be proud," commented Tom Hill, a trustee.

Hocking College President John Light admitted the ban is strict, going further than the law required.

From the 12/8/06 Logan Daily News:

Smoking ban affects Hocking truck drivers

Rule designed to protect those who share rigs

Melissa Cottrill

of The Logan Daily News

HOCKING COUNTY - Truckers who want to light up a cigarette in their cabs had better think twice. The statewide smoking ban that takes effect today includes company vehicles, with only a few exceptions.

"Nobody knows exactly what it's going to do," said Dave Emerson, owner of Hocking Cartage.

Hocking Cartage is a regional truckload carrier serving the Northeast and Midwest with its headquarters in Logan.

December 21, 200618 yr

From the 12/9/06 Blade:

Legal attacks on smoking bans usually fail

Pattern of litigation described as fairly typical

By JENNI LAIDMAN

BLADE STAFF WRITER

Despite the whining, the last-minute lawsuits, and the general sense of smoker indignation, chances are high that six months from now Ohio will be enforcing a smoking law, and almost everyone will be toeing the line.

That's what's happened in other states where people have been told to step outside if they want to smoke. And both nonsmoking advocates and experts on tobacco litigation predict that will be the case in Ohio.

"This pattern is fairly typical," said Micah L. Berman, executive director of the Tobacco Public Policy Center at Capital University in Columbus.

From the 12/9/06 Youngstown Vindicator:

Will it come to this — renting ashtrays?

Some bars are following the law to "the letter," while others are following "in spirit."

By KATIE LIBECCO

VINDY.COM CORRESPONDENT

YOUNGSTOWN — It was the first Friday night that the smoking ban in Ohio was implemented, and area bars and clubs reacted with different measures.

Owners of Imbibe Martini Bar, 124 Federal Plaza West, said they didn't notice much change from a typical night, although they no longer permitted smoking inside the bar.

From the 12/9/06 Zanesville Times Recorder:

State not yet enforcing it, but ban is 'alive and well'

By KATHY THOMPSON

Staff Writer

ZANESVILLE - While the State of Ohio has agreed not to enforce the statewide smoking ban, the law is "alive and well" and is in effect.

Jennifer Hiestand, public information officer for the Zanesville-Muskingum County Health Department said her office has been receiving mostly calls from the public and business owners concerning the interpretation of the law and making sure they are in compliance.

From the 12/9/06 Mansfield News Journal:

Smoking ban in place, enforcement issues remain

News Journal staff report

COLUMBUS -- The Ohio Department of Health will not begin enforcement of a statewide indoor smoking ban until spring, but its director warned Friday there is no grace period for abiding by the new law.

"Despite rumors and some news reports to the contrary, the Ohio smoking ban is alive and well," said ODH Director J. Nick Baird, M.D.

December 21, 200618 yr

From the 12/9/06 Ravenna Record-Courier:

Smoking ban starts smoothly in Portage

December 9, 2006

By Deborah Guziak

Record-Courier staff writer

The first day of the state-wide smoking ban went off without a hitch at many Portage businesses Thursday.

"We had a lot of people go outside to smoke," said Paul Kotopka, assistant manager of Twin Star Lanes in Franklin Township said. Kotopka, who bowls in a league on Thursday night, was one of those who went outside to smoke between games.

"I did' see anyone light one up (in the alley)," he said. "I think people will get use to (the smoking ban.)"

At Ra' Place in Kent, owner Charlie Thomas also said there were no problems with customers wanting to smoke. As to whether the average number of customers remained the same as before the ban, Thomas said he did' know.

From the 12/9/06 News-Herald:

Ban lights up phone lines

Health departments taking complaints, answering questions about smoking law

By: David W. Jones

[email protected]

12/09/2006

Just as the Ohio Department of Health gets thousands of calls daily since the confusing statewide indoor business smoking ban started Thursday, the phones are also ringing off the hook at county health departments.

"They're saying that the law is not being enforced, or it's smokers calling me a Nazi or saying we're the Gestapo smoke police," Lake County Health Commissioner Joel Lucia said.

Mainly, Lucia said, it's people confused since the law was passed by voters Nov. 7 and then went into

effect on Thursday - the same day a judge declared it unenforceable anywhere until all the rules are clearly stated.

From the 12/9/06 Mount Vernon News:

Businesses finding ways to comply with new law

By Dylan McCament, News Staff Writer

MOUNT VERNON — Flappers Bar and Grille on Main Street had a smoker’s party on Wednesday and gave away all the ashtrays.

The state’s new smoking ban went into effect Thursday, forbidding smoking in public places and places of employment. The Ohio Department of Health has advised businesses throughout Ohio to remove their ashtrays and post signs. People will notice new no smoking signs posted at local restaurants and bars like Mazza’s, Flappers and Jake’s, as well as the absence of ashtrays.

From the 12/9/06 Steubenville Herald Star:

Smoking ban rules hazy

By SUMMER WALLACE-MINGER, Staff writer

STEUBENVILLE — Businesses across the area are throwing out their ashtrays after the Clean Indoor Air Act, approved by voters across Ohio on Nov. 7, went into effect Thursday.

Businesses and public buildings must now post signs advising employees and patrons they can’t smoke and giving a toll-free number for reports of violations, according to Patty Reda, Steubenville Health Department.

Local health departments have been instructed by the state to distribute signs and educate the public about the new law, said Reda.

December 21, 200618 yr

From the 12/10/06 Warren Tribune Chronicle:

Drivers may huff, but they can’t puff

By BILL RODGERS Tribune Chronicle

As Ohio’s smokers learn to deal with new restrictions on their vice, on-the-job motorists are not being left out.

Under the ban stopping most public smoking that took effect Thursday, puffing carcinogens also now is prohibited in company vehicles as well as places of employment. The vehicle stipulation could include police cruisers as well as company cars and big rigs, said Ohio Department of Health spokesman Kristopher Weiss.

‘‘Whatever the director says to do, I’ll do. That’s more of an administrative thing, not a tactical thing,’’ said Warren police Chief John Mandopoulos said. The ban will have an effect on his officers smoking in cruisers.

The city of Warren already has rules against smoking while in uniform. But Mandopoulos said he would need to hear from Safety Director Doug Franklin about smoking in cruisers.

Wendy Simpkins, a spokesperson for the Ohio Division of the American Cancer Society said that the vehicle ban was to protect nonsmokers who would be in the vehicles with smokers.

From the 12/10/06 Wooster Daily Record:

In a haze over ban

Businesses check effects of new law against smoking

December 10, 2006

By SARAH SKYLARK BRUCE

Staff Writer

WOOSTER -- Cigarettes still shone like fireflies Saturday night at Buffalo Wild Wings on Burbank Road.

The reason was confusion over when the Ohio smoking ban takes effect. Buffalo Wild Wings posted a sign on its front door, stating, "Due to pending lawsuits, the statewide smoking ban is not in force until further notice."

However, tha' a smokescreen, when compared to information posted on the Ohio Department of Healt' website.

December 21, 200618 yr

From the 12/11/06 Athens News:

Cig ban looks different from inside smoke-free bar, out on chilly sidewalk

By Jonathan Hunt

Athens NEWS Writer

Monday, December 11th, 2006

Dec. 7, 2006, when the Ohio smoking ban officially began, may live in infamy like its 1941 counterpart to those who say it trumps private-property rights and personal freedoms.

Others who value clean air and the right of citizens to enjoy it may remember Dec. 7 as Christmas and the Fourth of July all wrapped into one.

In uptown Athens, where the ban nominally took effect during Ohio University's winter break, the immediate result so far appears to be a few more smoke-free bars and restaurants, more cigarette butts on the ground, and a few more folks gathered outside taverns to have a smoke.

From the 12/11/06 Hillsboro Times-Gazette:

ODH says smoking ban is alive and well

Fines, enforcement put off until sometime this spring

By STEPHEN FORSHA

The Times-Gazette

With the statewide smoking ban in Ohio going into effect Dec. 7, businesses from around the state are being affected, with most businesses and employees in public buildings still unsure what the new law really means.

Ohio Department of Health Director J. Nick Baird issued a statement Friday saying that while the law remains in effect, the Department of Health is not able to levy any fines until the new law's enforcement mechanisms are in place. Baird said enforcement of the law will begin sometime in the spring.

From the 12/11/06 Stow Sentry:

Police do not plan to enforce the smoking ban

by Kristin Casale

Reporter

Even though the new state smoking ban is in effect, local police say they will not play a role in enforcing it.

The ban, which went into effect Thursday, covers all enclosed public places and businesses, including restaurants and bars. Exempt from the law are retail tobacco stores, resident-only smoking rooms in nursing homes, 20 percent of each hotel’s sleeping rooms, outdoor patios and some private clubs and homes.

Read more:

E-mail: [email protected]

Phone: 330-686-3917[/i]

http://www.stowsentry.com/article.php?pathToFile=/archive/12112006/news/&file=_news1.txt&article=1&tD=12112006&PHPSESSID=9035f166f0397c0c31a8c656ea7b8719

From the 12/11/06 Greenville Daily Advocate:

Smokers keep on truckin'

"Even non-smokers are saying it's crazy"

Linda Moody

Assistant Editor

DARKE COUNTY - Because there really is no law spelled out as of yet on the no-smoking ban, truck drivers and trucking companies are just as confused about the proposal as other people are.

"We're already doing that in the office and shop and the same way with the company van," said Dick Lavy, owner of a local trucking firm. "And, if we have team drivers and one doesn't smoke, then they cannot smoke in that truck."

"If they get a ticket, that's their baby," he said.

Signs have been posted elsewhere at Lavy's, but they do not have to be put on the semis, according to Lavy, who said that probably 25 percent of his drivers smoke.

Has he gotten any feedback from his employees?

"A few said this might make them quit, and others say it is one freedom that should not be taken away," he said. "It's a mixed bag."

December 21, 200618 yr

From the AP, 12/12/06:

Smoker charged with trespassing at Marietta bar

Tuesday, December 12, 2006

MARIETTA, Ohio (AP) — Less than a week after Ohio’s new smoking ban took effect, a smoker was arrested after police said he was asked to leave a bar but refused.

Donn Kerr, 56, of Marietta, was charged with criminal trespass, Marietta Police Capt. Jeff Waite said yesterday. When Kerr lit a cigarette inside the Marietta Brewing Company early Sunday, he was asked to put it out but would not, Waite said. Managers called police; when officers responded and told Kerr the bar wanted him to leave, he refused to go and was arrested, Waite said.

Read more:

From the 12/12/06 DDN:

Ohio's new no-smoking law

Are people obeying the ban?

Many restaurants comply. Some bars and taverns do not, sparking complaints.

By Terry Morris

Staff Writer

Tuesday, December 12, 2006

So, is Ohio's new ban on smoking really in effect? Depends who you talk to.

Many area restaurants began complying with the voter-approved measure when it went into effect Thursday. Some bars and taverns have ignored it. But the Ohio Department of Health insists the law is in force even though its agents can't enforce it yet.

From the 12/12/06 Washington Court House Record Herald:

Still confused on lighting up, or not?

Brandon Smith

Staff Writer

Some local businesses have found what they think is a loophole in the recently enacted smoking ban.

According to Megan Batson, R.S., reporting at last night's meeting of the Fayette County Board of Health, business proprietors Batson did not identify told her that "they would pay a $2,500 fine up front, and allow people to smoke. They say the law says that the maximum fine is $2,500 every two years."

But Ohio Department of Health committees have six months to draft the rules for the enforcement of the law, according to Batson, and in the meantime, the public will continue to phone in the violations -- creating a larger and larger record for businesses which can be grounds for later punishment.

December 21, 200618 yr

From the 12/13/06 Toledo Free Press:

COVER STORY

Smoking ban details have critics fired up

By Justin R. Kalmes

Toledo Free Press Metro Reporter

[email protected]

It's a typical Thursday inside Delaney's Lounge.

The afternoon light filters through the blinds of the dimly lit tavern onto a group of truck drivers sitting at the bar. In between discussing their workday, the men sip from their longnecks and draw from their cigarettes as owner Bill Delaney looks on with a smile.

Ohio's recently passed smoking ban has gone into effect, but the ashtrays at the Alexis Road bar remain while the no-smoking signs Delaney is required to post are nowhere to be found.

“We're not going to take the ashtrays off, we're not going to put the signs up,” said Delaney, who also serves as president of the Northwest Ohio Licensed Beverage Association. “We are not abiding by [the smoking ban] and we are going to the Supreme Court.”

Read more:

From the 12/13/06 ABJ:

Smoking drifts back into area businesses

Owners complying with law say they are at a disadvantage

By Tracy Wheeler and Katie Byard

Beacon Journal staff writers

Liz Arn wants to do the right thing.

But as the co-owner of Arnie's pub on West Market Street, she has found "the right thing'' to be a difficult proposition in the face of Ohio's new smoking law.

Approved by voters in November, the law banned smoking as of Dec. 7 in virtually all enclosed public places, including restaurants, bars, bowling alleys and bingo parlors. However, the law contained no rules of enforcement.

From the 12/13/06 Sandusky Register:

Smoking ban brush-off boosts bars' business

By CHAUNCEY ALCORN | Wednesday December 13 2006, 5:54am

SANDUSKY What many Sandusky area bar owners thought would send profits up in smoke has actually increased business.

Smokers are flicking their ashes on the ban because of a Cincinnati court's ruling against the Ohio Department of Health.

In a suit brought by Buckeye Liquor License Holders Association against the Ohio Department of Health, a Hamilton County court forbade the health department from enforcing the new smoking ban until it comes up with a plan for enforcement.

That plan may not be developed until June, according to the Erie County Health Department, and some local bar owners say they won't enforce the ban until then.

From the 12/13/06 Marion Star:

Smoking ban enacted, but it has no teeth

Rules not yet written as state receives more than 11,000 complaints of non-compliance

By KURT MOORE

The Marion Star

MARION - As of Thursday (Dec. 7), if you want to light up while dining out or stopping for a beer in the state of Ohio, you've got to take it outside.

That's state law, thanks to a majority of voters voting yes on Issue 5 during the Nov. 7 general election. That fact, however, is lost in a haze of confusion as the state launches discussions on how to enforce the law.

From same:

Your view

Smokers and non-smokers are expressing mixed feelings as a law prohibiting smoking in public places and places of employment takes effect.

For Marion resident Dave Osborn, it means a longer walk during breaks at work to get to a place where he is allowed to smoke.

Osborn said he wasn't that upset over the law, calling it good and bad.

"It's good because we need to quit smoking anyway," he said while buying cigarettes at United Smokes of America. "But I think there are bigger issues to look at."

December 21, 200618 yr

From the 12/14/06 Parma Sun Post:

Non-smoking crusade ends with man's arrest

Thursday, December 14, 2006

Parma Sun Post

PARMA HTS. One man's crusade to single-handedly enforce Ohio's new smoking ban resulted in his being charged with disorderly conduct Sunday at a local bowling alley.

The suspect, a 22-year-old Richfield man, berated a barmaid in the lounge at Yorktown Lanes because he was upset people there were not honoring the smoking ban.

From the 12/14/06 Springfield News-Sun:

Smoking ban not snuffed out

By Justin Thompson

Staff Writer

Wednesday, December 13, 2006

Jim Vavakos fears a new smoking ban — and confusion over it — could smother his business.

"It's been a nightmare," said Vavakos, owner of Victory Lanes, 1906 Commerce Road.

His bowling alley, with 30-plus lanes and large bathrooms, makes it difficult to watch everyone. He said if people smoke in the bathroom without his knowledge, he would face penalties — fines he cannot afford to pay.

Read more:

Contact this reporter at (937) 328-0349 or at [email protected]

http://www.springfieldnewssun.com/n/content/oh/story/news/local/2006/12/13/sns121406smoking.html

From the 12/14/06 Garfield-Maple Sun:

Smoking ban drives debate

Thursday, December 14, 2006

By John Kametz

Garfield-Maple Sun

GARFIELD HEIGHTS The newly enacted statewide smoking ban for public places already is creating quite a stir here.

Although emotions for or against the ban continue to run high, local bars and establishments already are taking varying steps toward compliance.

From same:

Ban is boon for Signs by Tomorrow

Thursday, December 14, 2006

By Ken Baka

Garfield-Maple Sun

MAPLE HEIGHTS A smoke-free Ohio is lighting up Eric Hamilton's business.

Whether the smoke-free law helps bowling alleys, taverns and bingo parlors remains to be seen.

Hamilton is owner of Signs by Tomorrow, 20534 Southgate Park Blvd., Maple Heights. As of Tuesday, his shop took in "a couple of thousand" orders for either of two styles of adhesive signs he is reproducing according to state design guidelines. Case Western Reserve University and the Northeast Ohio Sewer District were among those ordering.

From the 12/14/06 Fairfield Echo:

Smoking ...

Fairfield residents speak out with their opinions on how the ban is being put into effect.

By Eric Schwartzberg

Staff Writer

Thursday, December 14, 2006

Enforcement of the Ohio smoking ban is on hold, but the law itself is not.

That's the message the Ohio Department of Health is sending to employers and bar and restaurant owners statewide.

"It's really been hard on us, the confusion of it all and them not sending out any information," said Cindy Bryant, manager of Reef Tavern in Fairfield.

December 21, 200618 yr

From the 12/15/06 Newark Advocate:

Some businesses flout smoking ban

Though not being enforced yet, health agency urges owners to start obeying

By JEN SCHERER

Advocate Reporter

NEWARK -- A blue haze still hangs in the air of some area businesses opting not to comply with the statewide smoking ban until it officially is enforced.

Though the statewide smoking ban went into effect last week, the state won't issue any warning letters or fines until the Ohio Department of Health has finalized its regulations. As a result, customers are finding some of their favorite haunts haven't taken away the ashtrays yet.

The Draft House on West Main Street in Newark is just one example.

December 21, 200618 yr

From the 12/16/06 PD:

Air's still not clear at bars, restaurants

With smoking ban unenforced, owners let patrons light up to keep their business

Saturday, December 16, 2006

Harlan Spector

Plain Dealer Reporter

Dirty ashtrays were going for a quarter last week at Tick Tock Tavern, a well-known rib joint on Clifton Boulevard in Cleveland.

The bar sold them as gag souvenirs to mark the end of smoking.

From the 12/16/06 Lima News:

Still smoking

BY KIMBERLY R. SIMMONS - Dec. 16, 2006

SPENCERVILLE — It’s been a little over a week since the smoking ban went into effect on Dec. 7, and some restaurants and bars have not allowed patrons to smoke.

With the news that the law would not be enforced because of an agreement between attorneys for the state and the Ohio Licensed Beverage Association, some places are allowing patrons to light up.

“We saw the story in The Lima News that other places were allowing people to smoke so we put the ashtrays back out,” Betty Croft, co-owner of My Place, said.

From the 12/16/06 Middletown Journal:

Smoker plans protest of ban

By Christopher Magan

Staff Writer

Saturday, December 16, 2006

FRANKLIN — Smokers will light up the city building parking lot Saturday to protest the new statewide smoking ban.

Andy Kopp, who is organizing the rally, hopes it will be a step toward having the ban declared unconstitutional.

"I don't think they'll be able to enforce it," he said. "It's like Prohibition."

From the 12/16/06 Marietta Times:

Despite new law, business disobeys Ohio smoking ban

By Connie Cartmell [email protected]

Regardless of what Ohio voters said in November, Jim Bauer, owner of the Riverside Bar & Lounge in Marietta is just saying “Yes,” to his customers.

Smoke ‘em if you got ‘em.

Bauer, who has owned the downtown tavern and lounge over two years, is among a small group of bar and restaurant owners around Ohio who have decided to leave the ashtrays out.

Some have chosen to defy voters, come what may.

From the 12/16/06 Wooster Daily Record:

Many smokers trying to quit with passage of new law

December 16, 2006

By JUNE CHANDLER-WHITE

Staff Writer

MILLERSBURG -- New Year"s and Issue 5 are giving Mark Woods a double whammy.

"I"ve got too many businesses right now to schedule," said Woods, who is tobacco cessation coordinator for Your Human Resource Center, which offers tobacco cessation programs in Wayne and Holmes counties.

January typically is a busy time of year for Woods, but this year, calls from companies and individuals started coming before November, when employers began wondering what the passage of Issue 5, the statewide indoor smoking ban, would mean for companies and their employees.

December 21, 200618 yr

From the 12/17/06 Blade:

State starts to sort out smoke-ban regulations

Rules to be enacted no later than June 7

By JIM PROVANCE

BLADE COLUMBUS BUREAU

COLUMBUS - Smokers could get an idea tomorrow of exactly how far they'll have to step away from entrances to bars and restaurants to avoid fines for violating Ohio's new public smoking ban.

Business owners may get a clue as to who will investigate complaints and how quickly fines would add up for multiple violations.

From the 12/17/06 DDN:

Smokers flare up against ban

Protesters staging rally in Franklin say the new state law violates their rights, threatens businesses.

By Christopher Magan

Staff Writer

Sunday, December 17, 2006

FRANKLIN — They were smoking on a not-so-low burn.

The chant at a rally protesting a new statewide smoking ban Saturday said it all.

"We're fed up! We're fed up!" Andy Kopp led about 30 smokers in the chant to wrap up the protest he organized at the Franklin city building parking lot.

From the 12/17/06 Warren Tribune Chronicle:

Sending smoke signals

By BILL RODGERS Tribune Chronicle

One day after Ohio’s new public smoking ban went into effect, a popular restaurant and bar in nearby Sharon, Pa., experienced its first-ever lines waiting for smoking seats.

That’s no surprise to Orangeville bar owner Kirk Cusick, who said he could see the indications the minute the new Ohio law passed at the polls last month.

December 21, 200618 yr

From the 12/18/06 PD:

Hookah bars smoke out loopholes in ban

Monday, December 18, 2006

Chris Seper

Plain Dealer Reporter

Hookah bars, Middle Eastern-styled smoking clubs en vogue with college students and young professionals, are desperate to survive the state's anti-smoking law.

Many are selling even more tobacco products to qualify for a loophole in a law.

From the 12/18/06 Chillicothe Gazette:

Patrons still smoking

Health District still unsure how to enforce smoking ban

By JONA ISON

Gazette Staff Writer

The donuts at Crispie Creme Donut Shop aren't quite the same.

They're missing that hint of stale smoke - a taste I'd become used to over the last 27 years. The absence of smoking, due to the statewide smoking ban passed in November, has allowed the cinnamon and apple of my fritter to take the center stage where it should be.

Although that fritter was much more enjoyable, as a smoker, I did wonder how it would be to have a beer sans cigarette while socializing at the bar.

December 21, 200618 yr

From the AP, 12/19/06:

Parties air concerns at smoking session

Tuesday, December 19, 2006

Julie Carr Smyth

Associated Press

Columbus - Nursing homes, bowling alleys, VFW clubs, restaurants and city health departments all brought different concerns to a confab on Ohio's new smoking ban Monday.

Whether they liked or disliked the outcome of November's election, in which Ohio voters approved a statewide smoking ban, everyone had questions on the rules for carrying out the ban as drafted by the Ohio Department of Health.

Will unsightly no-smoking signs really have to be posted so abundantly, even in nursing homes?

Could employees of private clubs smoke on the premises if the clubs make them members?

From the 12/19/06 Dispatch:

Truckers breathe easier

Solo drivers exempted from smoking ban; bars, restaurants get bad news

Tuesday, December 19, 2006

James Nash

THE COLUMBUS DISPATCH

Truckers no longer have to worry about being ticketed for smoking alone in their cabs, but restaurant and bar owners could be fined for allowing customers to smoke even if health inspectors don’t catch them in the act.

More than a month after Ohio voters banished smoking from most public spaces, the state Department of Health yesterday exempted commercial trucks from the ban but indicated that restaurants and bars could be cited even without health inspectors witnessing violations.

From the 12/19/06 Blade:

OHIO SMOKING BAN

Social clubs glad, bars mad over draft rules

By JIM PROVANCE

BLADE COLUMBUS BUREAU

COLUMBUS — A first stab at writing rules for Ohio’s new smoking ban had private clubs like the Veterans of Foreign Wars applauding yesterday, but owners of bars and bowling alleys were fuming.

A wide array of groups affected by the clean indoor air law met for the second time to debate everything from the size of no-smoking signs to whether commercial truckers had to pull ashtrays from their dashboards.

The advisory panel is aiding the Ohio Department of Health in writing rules to fill gaps in the law approved by voters on Nov. 7. The department has until June 7 to complete the lengthy process, but hopes to finish by early spring.

Read more:

PROPOSED FINE SCHEDULE

(for violations within two-year period)

FOR BUSINESSES:

First violation: Warning letter

2nd violation: $100

3rd violation: $500

4th & subsequent violations: $2,500

FOR SMOKERS:

First violation: Warning letter

2nd & subsequent violations: $100

FOR RETALIATION AGAINST EMPLOYEE MAKING COMPLAINT:

First violation: Warning letter

Second violation: $1,000

Third & subsequent violations: $2,500

SOURCE: Ohio Department of Health

http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20061219/NEWS24/61219001/-1/NEWS

From the 12/19/06 Ravenna Record-Courier:

Some bars still allowing cigarettes

Kent owners: Need to make money outweighs fines

By Matt Fredmonsky

Record-Courier staff writer

You could have walked into a Kent bar Saturday and been enveloped in a cloud of smoke -- or not -- depending on which pub you stopped in.

Kent bar owners, for now at least, see the decision to allow or ban smoking in their establishment as theirs to make because of what some are calling a loophole in Ohi' Smoke Free law.

"Voters passed the law on election day and Ohi' constitution requires the law take effect 30 days afterward," said Wendy Simpkins, a spokesperson for the Ohio Division of the American Cancer Society.

From the 12/19/06 Defiance Crescent-News:

Locally, some obeying smoking ban, some are not

December 19, 2006

By HEATHER BAUGHMAN

[email protected]

Ohi' smoking ban has been in place for two weeks, but not everyone is obeying the law.

While the Ohio Department of Health, which is implementing the ban as approved by voters statewide on Nov. 7, is not enforcing the law until the rules are set, it is still a rule that, by law, should not be broken.

"I' sort of like driving," explained ODH spokesman Kristopher Weiss. "When you come to a red light, you stop even though a police officer might not be there."

December 21, 200618 yr

What happened to my post yesterday????

December 26, 200618 yr

The bevavior on the part of the bars is unethical, but not unexpected. It's a character flaw unique to the species Resterauteurius Minimus to revel in any situation the health department can't influence.

What is your beef with bar owners?

December 27, 200618 yr

I am encountering more and more people who wish they hadn't voted for issue 5, because they didn't realize how strict it was. A lot of people for instance didn't realize that hookah bars would be included, or what a "private club" was considered under the ban. Private clubs have to be nonprofit, and all employees have to be members of the club. A lot of clubs were under the impression that they would be exempted from the ban like vetrans lodges, but apparently thats not the case.

Also, the stipulations regarding tobacco shops is completely ridiculous. 80% of revenue has to come from tobacco in order to allow smoking, which is higher than the stipulation under the Columbus ban as well as other cities. I don't have the facts for certain, but I believe 80% is a higher requirement than New York and California, based on my observations when traveling there. Another ridiculous stipulation of the ban is that existing tobacco shops cannot expand their space if they are not a free standing building, and any new shops must be free standing; what a way to hinder small business development in higher density areas if you ask me.

It will also be interesting to see what happens when the weather warms up and people start to use outdoor patios, because i have a feeling there will be a lot of confusion about allowing smoking there. I feel like there will be a lot of debate because of the proximity to entrances and servers (employees) providing table service. A lot of places for instance open up the inside completely to the outside patios, and I think the anti-smoking contigent will protest permitting smoking on a lot of patios.

And in my opinion, there honestly wasn't enough talk about "rights" in the deliberation prior to the election; rights of business owners, rights of individuals. From a background in political theory, I find it dangerous to formaly institute "health" upon the general public for one. And dangerous to attempt to remove people and their lifestyle from public presence for second. The ban also undermines culture. Hookahs are certainly a cultural practice for one, and smoking cigarettes is also a cultural practice. Smoking is a more regular practice in rural areas or certain neighborhoods in urban areas and indeed part of the culture. Smoking culture is not uniform throughout the state, and this law undermines it.

And we all know there is huge confusion/controversy over enforcement, which is public administration nightmare.

Honestly, I think that the stricter Smoke Free Ohio and its supporters push for interpretation and enforcement of issue 5, the public will advocate its repeal. Only 58% supported issue 5 in November. I guess we'll see what happens in June.

December 27, 200618 yr

The bevavior on the part of the bars is unethical, but not unexpected. It's a character flaw unique to the species Resterauteurius Minimus to revel in any situation the health department can't influence.

What is your beef with bar owners?

None. I used to be one. Well, a cafe owner (no booze). I ran a clean place, but the inspector from the health department would always find something on his regular visit, no matter how small, no matter how inconsequential. Sometimes I would challenge the inspector, and if he admitted that it was not critical, and that there was no penalty for not fixing it, I wouldn't fix it. A teeny, tiny act of defiance, but a satisfying act nonetheless.

December 28, 200618 yr

I am encountering more and more people who wish they hadn't voted for issue 5, because they didn't realize how strict it was.

I've heard this statement many times now. Why would you vote for something if you didn't know what you were voting for??? The text of the issue was available to read for a while before election day and the language was on the ballot. Do people not even bother to read? It's disturbing.

December 28, 200618 yr

Some anecdotal evidence suggests voters were unaware of the scope and methods of implementation of the statewide ban on smoking in public places. Now that the ban has passed, has your opinion changed?

December 28, 200618 yr

I say it is a giant step forward for Ohio to take this kind of proactive step for anything!!!

December 28, 200618 yr

Ditto.

(Isaacs, Barbara. "Study finds ban reduced smoking in Lexington." Herald-Leader [Lexington] 12 Dec. 2006.)
An estimated 16,467 Lexington adults stubbed out their cigarettes for good in the first 20 months after the citywide indoor smoking ban took effect. [...] Lexington's percentage of adult smokers dropped by nearly one-third since Lexington's indoor smoking ban was implemented in April 2004, according to UK College of Nursing researchers, who released their study yesterday. [...] Before the smoking ban, federal health surveys found that 25.7 percent of Fayette County adults smoked. In the months after the smoking ban was implemented, just 17.5 percent of Fayette County adults reported being smokers. [...] "What has been really interesting is how powerful this ordinance has been here," said Ellen Hahn, a UK professor of nursing who pushed for the smoking ban and co-authored the report. "A 32 percent drop is a huge thing." [...] "I expected there would be a decline," Hahn said of the smoking rate. "But not the magnitude that it is."

An earlier study by the university also found that business revenues did not drop as a result of a smoking ban (for Lexington, Kentucky). A poll in Albuquerque, New Mexico mirrored this data, with 96% of businesses reporting in that revenue did not drop as a result of their smoking ban (Shope, Tamara N. "Poll: Revenues up since smoke ban." Albuquerque Tribune. 14 Feb. 2005.)

Also in the original article at top that I cited from,

The researchers compared federal health data from Lexington to that of five other counties with similar education levels but without smoke-free laws at the time: Boone, Hardin, Kenton, Oldham and Woodford. While the smoking rate plummeted in Lexington, the percentage of smokers in the five comparison counties was unchanged during the time before and after implementation of Lexington's smoke-free law, averaging 27.6 percent in those counties.

But, but, but, but.... we have an opponent. This lady, who I called to verify that this is true, said that she had "hundreds of documents" that prove that "most everyone" smokes. She doesn't believe in a "government" study (it was a non-partisan study done by the university). It is also not surprising that she is a smoker herself and is reluctant to quit, stating that, "there is no danger in smoking cigarettes. I've smoked for years and it hasn't done anything to me."

Maryetta Ables, a West Virginia woman who is president of FORCES Inc., which stands for Fight Ordinances and Restrictions to Control and Eliminate Smoking, said she doubts the accuracy of the data and the ability of smoking restrictions to reduce smoking.

She called most government data related to smoking "baldfaced lies."

"I know they don't work," Ables said of smoking bans. "And if you look around, you'll see they don't, too."

She estimates that between 50 percent and 70 percent of adults in Lexington currently smoke.

December 28, 200618 yr

As a non-smoker, I support the ban. I used to live in Florida - a state that passed a statewide smoking ban a few years ago. There was just as much debate there as there is here now - with all the same arguments on both sides (government taking away our rights, your right to swing you fist ends at my nose, etc.) People there didn't think the ban would stick. And guess what - eventually people adjusted and now it isn't even an issue. Not to say that everybody now suddenly supports it, but everybody has adjusted.

I was just in Mexico last week - where it is still acceptable to smoke in hotel lobbys and inside shopping malls. I always find it strange to see people smoking in these places that have gone smoke-free in the states a long time ago. And that is the point - eventually just like the idea of smoking in an airplane, hospital, courthouse, shopping mall, classroom (all places that were once acceptable places to smoke), the idea of smoking in a restaurant and even a bar will soon become a foreign idea, and people will adjust.

December 28, 200618 yr

I was just in Mexico last week - where it is still acceptable to smoke in hotel lobbys and inside shopping malls. I always find it strange to see people smoking in these places that have gone smoke-free in the states a long time ago. And that is the point - eventually just like the idea of smoking in an airplane, hospital, courthouse, shopping mall, classroom (all places that were once acceptable places to smoke), the idea of smoking in a restaurant and even a bar will soon become a foreign idea, and people will adjust.

Well put!

December 28, 200618 yr

I was just in Mexico last week - where it is still acceptable to smoke in hotel lobbys and inside shopping malls. I always find it strange to see people smoking in these places that have gone smoke-free in the states a long time ago. And that is the point - eventually just like the idea of smoking in an airplane, hospital, courthouse, shopping mall, classroom (all places that were once acceptable places to smoke), the idea of smoking in a restaurant and even a bar will soon become a foreign idea, and people will adjust.

...sayeth the pro-ban non-smoker...

December 28, 200618 yr

I go to McGuffy's twice a week in Riverside. They are enforcing the smoking ban. The patrons have stayed at about the same level it was before the smoking ban. Plus, there are several bars nearby that are allowing smoking. At first, there were a lot of complaints, but now I don't here any complaining and smokers are doing what they are supposed to be doing. So yes, Ohio and the people will adjust.

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