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Return the “ FREEDOM OF CHOICE " to Ohio.

Reverse The Smoking Ban

I am keeping my July 20th post as my lead post because it addresses HB 346 here in Ohio which needs to pass. However, I will continue to put other thoughts and information of note below it. I read a pretty good article about a Mayor in Kentucky who said he might VETO a smoking ban. SEE BELOW.....

This website first published Nov. 2006

July 20, 2008

The games continue and it ain't over until it's over. I also have not heard anyone singing so as the old saying that is no longer polticaly correct goes, the battle is still on.

There was an article in the Toledo Free Press on June 15th with the HEADLINE reading "Ohio Senate introduces smoking ban revision." The article was written by Katherine Timph. Here are some of the highlights... The Ohio Senate has introduced new legislation in hopes of helping bar owners . The Senate introduced Bill 346 on June 10th, which calls for exemptions to the ban for family owned businesses, outdoor patios and private clubs. Also, the State House may be introducing a bill to allow an exemption for establishments with 10% or less of their profits coming from food sales.

State Sen. Robert Schuler, R-Sycamore Township, who introduced Bill 346, said he believed the ballot language of Issue 5 was confusing. The law said both “family-owned businesses” and “private clubs” were exempt. However, in the fine print, the law gave very specific, exclusive definitions of these businesses and clubs, leading many voters to believe their establishments were exempt when they were not.

“I've been getting a lot of feedback from a lot of the taverns ... a lot of them are losing business, a lot of them are going out of business,” Schuler said. “[Bill 346] wouldn't say [establishments] were smoking, it would say the owners or club members get to decide. I'm just trying to correct the confusion.”

The artical got right to the point. FREEDOM OF CHOICE!!! The artical also mentioned that establishments that choose to allow smoking can have a sign that states that smoking is allowed in the business. At that point folks decide if they wish to enter or not. Again... FREEDOM OF CHOICE. The choice will also be there to not allowing smoking if the business owners choose that route.

Now is the time to voice your opinion in support of Bill 346. Contact your State Senators and Local Representatives with as many e-mails and letters as you and your fellow smokers and FREEDOM OF CHOICE supporters can put together! The door is open kids, let's walk through.

If you wish to read the complete article click here The Toledo Free Press - A tradition for Toledo's future

Below you will find a link that will give you e-mail addresses for your State Representatives, Senators and a link for Governor Strickland.

E-Mail Addresses For State of Ohio Representatives
Ohio House Members Displayed by County
Ohio Senators - Your Senators

Governor Ted Strickland - http://governor.ohio.gov/

August 29, 2008

Mayor ponders veto of smoking ban
New Albany council OK'd measure 5-4
By Dick Kaukas • dkaukas@courier-journal.com • August 23, 2008

New Albany Mayor Doug England said yesterday that he hasn't decided whether to veto an ordinance prohibiting smoking in enclosed public areas that the City Council narrowly approved Thursday night.
But England made it clear that he has not ruled out a veto.
"I want to study it," the mayor said of the ordinance, adding that he also would review similar smoking restrictions recently adopted in Louisville and Jeffersonville, and would consult members of his staff before he makes a decision.
"We have two issues -- a public health issue and an economic development issue -- and they are clashing," England said.
Public health officials and doctors have said the New Albany measure, which the council approved 5-4, is needed to protect people from illnesses linked to secondhand smoke.
Restaurant and bar owners have said the ordinance will hurt their businesses.
England said he hoped the opposing factions could "come together and work together better," adding, "I'd like to see a little give and take between both sides." He also said he was "torn because you got a 5-4 vote. That's not anything impressive."
Asked if there could be "give and take" without a veto, he said, "I don't know."
England also was critical of the impact he said the ordinance already has had on the city. "It has divided this community, and that's wrong," he said. "We've pitted citizen against citizen, and I don't like it.
"I don't like what they have done to this community -- and then again maybe it's a good thing for the community to see our fortitude and see if we don't survive it."
Like council members, England said he has received numerous calls and e-mails on the issue, with some bar and restaurant owners telling him that "this is going to ruin me and I'll be leaving town."
The council's amendments to the ordinance -- delaying the effective date until March, reducing the no-smoking area around doors from 20 feet to 10 feet and exempting outdoor restaurant patios -- "don't make much difference," England said.
"That's not going to satisfy the service clubs" like VFW and American Legion halls.
The ordinance says smoking is not permitted in private clubs that have employees or whenever the clubs hold events open to the public.
England said the division in the community was evident during the council meeting, noting that one man in the audience was removed by police, as ordered by council President Jeff Gahan. The man had shouted that a speaker who favored the ordinance was given more time than others to speak.
England said that he checked with lawyers and was told that he has 10 days to veto the ordinance.

Mayor Douglas B. England
311 Hauss Sq. Suite 316
New Albany, IN 47150

May 6, 2008

This entire smoking ban thing has gotten completely out of control. With everything thats been said just going back to November 2006 when I started this web site, it seems the obvious continues to fall on deaf ears. I will qualify the statement I am about to make by saying this.... There is no arguement that smoking is not good for you. However, it is legal. We have the freedom to use it if we choose. In that respect, alcohol is also legal, obviously many would argue not good for you. We can consume it almost anywhere at anytime we choose. This is our FREEDOM OF CHOICE coming to play here. As individuals we choose to visit establishments that either do or do not sell alcohol. Loud music will damage our hearing... We choose to go to these places or not also. We have straight bars and bars that are geared to the gay community. We have what they call gentlemans clubs.... We make choices here too. My point has been and always will be that this is and should be a FREEDOM OF CHOICE issue with private businesses!!!

Taxes are another issue that we are allowing the governemt to push on us. New York just raised the tax on cigarettes to push the price to over $10.00 a pack. The tax on gas and alcohol is also out of wack, I am a believer in a flat tax on all goods sold.

With all of this said, I further believe we need to concentrate our efforts on the ecology, clean water, wetland preservation, security of the United States, good jobs for Americans, the war on illegal drugs, lowering the price of gas and health care. We need to be fixing and repairing instead of banning and over-taxing.

Regards as always....... Kevin

February 2, 2008

It's been a pretty cold winter here in the Toledo, Ohio area. We smokers who support government through the very high tax dollars we pay from buying our cigarettes continue to be forced outside to smoke. We are spending our hard earned dollars inside bars and restaurants that are owned by private individuals and companies.

We are now hearing more often how our smoking outside bothers people who say they have to walk past us or stand near us when they are outside. I will say for the record, that I will continue to smoke outside any darn place I please!!!!!!!! I will also continue to lobby to return the FREEDOM OF CHOICE to our bars, restaurants, private clubs and other privately owned businesses.

I will remind everyone that there is a very strong push to get this issue back on the ballot in November 2008. Over the next two weeks I will get a full update on the petition drive, how it will work and just exactly do we need to do to help. I will post that information here.

Understand, the main thing will be to get registered and get out and vote!!!! This is not a dead issue.... In Toledo we reversed a smoking ban before and we can do it again in the State of Ohio.

November 30, 2007

Hamilton County Ohio Update

Owners: Smoking ban stifling business
Many patrons may be going to venues that continue to allow smoking, bar owner says.
By Josh Sweigart
Staff Writer - Middletown Journal
Tuesday, November 27, 2007

HAMILTON — Smokers aren't leaving their homes to eat, drink or play bingo, local businesses owners say.
And merchants fear their livelihoods are going up in smoke since voters approved changing Ohio's law last year to outlaw lighting up inside businesses.

"What has happened to my business is really sad," said Dottie Hilsmier, owner of Dottie's Bar and Grill on Millville Avenue in Hamilton. "I've been in business for 12 years now, (recently) I laid off a 12-year employee because my sales are down."

Hilsmier said patrons have left her bar stools for competitors who illegally allow smoking. She appealed to the city health department to crack down, she said, but was told they're moving as fast as they can.
"I'm almost broke and everything I have is invested in my business," she said.

The problem is seen state-wide by other businesses. "All the bars are losing about 50 percent of their business," said Patrick Carroll, president of the Buckeye Liquor Permit Holders Association. His group represents hundreds of bars statewide, including about 40 in Butler County. Carroll said vending businesses are down 35 percent, and the state's entire hospitality industry is crippled.

John Gebhart, who organizes Sunday and Monday bingo for a VFW Post 3809 in Middletown, said a quarter of the players left when they couldn't smoke inside. "People, they're just used to smoking when they gamble," said Gebhart, estimating that up to 90 percent of his players light up. Those that remain step outside during intermissions, he said, but, "We'll see what happens when we get some frost on the pumpkins."

Proceeds from the bingo go to local charities, including the American Cancer Society.

November 23, 2007

Hopefully everyone had a great Thanksgiving. If you got up early the day after Thanksgiving and went shopping, well you are much braver then I am.

For my day job, actually my afternoon job, I work at a automotive assembly plant as a second shift Fire Marshal. They have smoking shacks outside about 50% of the man doors at the facility. In general, everyone thought it was a good thing to not have to stand in the cold wind to catch a quick puff. There were some individuals who complained that they did not like having to walk past these shacks to walk in the doors. There was also a complaint that when a non-smoker went into the smoking shaack on a break that they could not stand all the smoke in there??? WHAT?? You heard me..... So, they have removed half of the windows to half of these smoking shacks because of these complaints. Again I say WHAT????? It's a smoking shack!!!! I'll also tell you that the smokers at the facility that I talk to all the time are a great bunch of folks who work hard and just happen to smoke. It's just not right to constantly bagger good people like this.

Below are the real facts about the so-called facts.

Johns Hopkins air quality testing of secondhand smoke proves yet again that levels are hundreds of times safer than OSHA regulations

November 15, 2007
Clearing the Air has informed readers of numerous air quality test results which proved that secondhand smoke is not an occupational hazard........yet uniformed lawmakers around the country continue to pass smoking bans based on the special interests' argument that secondhand smoke is a workplace health hazard. If they would simply consider the air quality test results in comparison to OSHA regulations there is only one conclusion an INFORMED lawmaker could come to......the special interest Nicoderm funded activists are pulling the wool over their eyes.

Now a recent series of air quality test results from Johns Hopkins proves once again the facts that have been confirmed in every other comprehensive secondhand smoke test result.

One last tid bit.... In the UK, they are starting to seriously look at further restrictions on alcohol. When I find a good article I'll post it. Do you remember that when I started this site I mentioned adult beverage restrictions were coming.... In the future we will have another battle on our hands.

Keep the faith and keep those FREEDOM OF CHOICE banners high in the air !!!!!!!!

October 20, 2007

The smoking ban battle continues.... We should stand firm on the following point. It should be a decision made by the business owner and then the customers choice whether to spend their money at the establishment ot not. No one forces anyone to go anywhere.... FREEDOM OF CHOICE!

Article published Wednesday, Toledo Blade, October 10, 2007
STATEHOUSE RALLY
Bar owners leading drive for a smoking ban petition
BLADE COLUMBUS BUREAU

COLUMBUS - Bar and tavern owners yesterday launched a petition effort to poke some holes into Ohio's new indoor public smoking ban with a sparsely attended rally outside the Statehouse.

Despite the fact that only about 100 people showed up, it appears the petition effort hopes to follow the initiated statute path blazed by backers of the ban last year by putting the issue first before lawmakers with the target truly being the November, 2008, ballot.

"There are so many people in this state who think we've given up on this whole thing. No way,'' said Bill Delaney, owner of Delaney's Lounge in Toledo.

Although Mr. Delaney said he believed the effort would have nearly a year to gather signatures to be certified for the 2008 general election, time could be much shorter than he expects.

"The only thing they can take directly to voters is a constitutional amendment,'' said Secretary of State Jennifer Brunner. "They have to give the General Assembly the opportunity to adopt the same or similar proposal.''

That means they could be in a rush to gather about 241,000 valid signatures to put the issue before lawmakers when they resume session at the start of the year. They would have to give the General Assembly four months to act.

If it fails to act or if it passes something not to the liking of the bar and tavern owners, then they could launch another round of petitions to take the issue directly to voters.

That's the path followed last year by Smoke Free Ohio, the group led by the American Cancer Society, on the way to convincing voters to enact a law that, with few exceptions, bans smoking in indoor public buildings.

"It is very concerning that this group would try to persuade lawmakers to overturn the vote of the people," said Tracy Sabetta, spokesman for the American Cancer Society. "Business owners should be more concerned about protecting the health and well-being of their employees."

Yesterday, the group began gathering the first 1,000 signatures needed just to submit the language to Attorney General Marc Dann for his review of whether the language that would be shown to would-be signature gatherers is an accurate representation of the proposed law.

The Buckeye Permit Holders Association, the group behind yesterday's rally, has challenged the constitutionality of the smoking ban. That case is still pending in Hamilton County.

In the meantime, the state has appealed a Franklin County Common Pleas Court decision that rejected the Department of Health's attempt to write an exemption for private clubs like the Veterans of Foreign Wars into the voter-passed law.

The proposed petition would exempt "stand-alone bars," including private clubs, in which food accounts for 10 percent or less of business gross revenue. There is no proposed exemption for restaurants, which were part of a broader coalition last year supporting an exemption-laden alternative to the ban ultimately approved by voters.

__________________________________________________________

Why do we lobby for Freedom of Choice? Wouldn't it be better to let someone else or a group of someone "elses" make our decisions for us? Not everyone likes everything... Let's also be realistic. Not everyone likes to be around people who drink and dance to loud music. So these folks don't go to those types of clubs. This is an example of Freedom of Choice. It's pretty simple and pretty straight forward. Smoking is an ADULT choice... Just like Adult Beverages. Not everyone drinks and not everyone smokes. It's an ADULT CHOICE!!

Back to why we lobby for Freedom of Choice? Because we can and that is our opinion and how we feel about this issue. It is for the same reason that those who are against smoking and those that are against alcohol consumption, lobby for more restrictive laws. It is how America has functioned for the last 231 years and hopefully how it will continue to function for the next 231 years.

My ongoing suggestion for those who are against the smoking bans...... Continue to write your state representatives. Continue to enlist support for this effort from those who feel the same way. And, be ready to vote when this isuue comes to the polls again.

For the complete story of how we got to where we are today, simply click on the Blog to left and you can get all caught up.

_________________________________________________________________

September 28, 2007

Bar Owners Plan Statehouse Rally - Group Seeking Relief From Anti-Smoking Law

Jim Otte - Jim.otte@whiotv.com

COLUMBUS, Ohio -- A group of bar owners from Cincinnati, Columbus and Toledo announced plans Wednesday to stage a major demonstration at the Statehouse to protest Ohio’s anti-smoking law.

Organizer Hermann Tegenkamp, owner of a bar in Cincinnati, told WHIOTV.COM that the smoking ban has decreased his business by 30 percent.

“We’re going to go down the tubes,” Tegenkamp said.

Tegenkamp said he hopes to push legislators to realize that bar owners are losing too much money and cannot continue to operate under the law.

“We need them to make some adjustments to the smoking ban,” Tegenkamp said.

He and other owners want bars to be exempted.

The law took effect in December 2006 and includes virtually all workplaces free from smoking.

Pam Parker of Columbus said many owners are getting ready to lose their businesses.

“Smokers are not patronizing these places. They are just going home,” Parker said.

She has written to state lawmakers and Gov. Ted Strickland about the issue but they have not responded.

Parker and Tegenkamp said they are hoping for a show of support at their rally set for noon, Oct. 9 at the Statehouse in Columbus.

___________________________________________

September 16, 2007

I continue to carefully watch our local Toledo, Ohio Smoking Ban issues. More in a minute... One of the biggest issues is a federal tax on cigarettes. Does everyone else see what I see? Our governmental controling bodies, local, state and federal all have one answer for solving problems or issues. RAISE TAXES! To be even more direct, raise cigarette taxes! I'll tell you all right now, that is NOT the answer!!! How can a cartoon of Marlboro cigarettes cost around $41 - $46 dollars in the Toledo, Ohio area and $26.00 or so in North Carolina? It's all taxes my friends. And it's ridiculous!!!! If we all quit smoking, just what the heck would they over-tax next? Is alcohol next? Maybe milk or bread..... Too much milk or too much white bread causes heart problems doesn't it? Or maybe ice cream. Too much ice cream can raise your cholesterol. I know, raise the tax on potato chips. Now those are really unhealthy. Would all the non-smokers care if we paid $8.00 for a regular bag of chips. Well, the people who don't eat potato chips would not care at all. Do you see where I am going with this?

I have a solution..... Fix the budget and free up the dollars by getting rid of the crap government does! Corporate America is trimming their budgets by cutting back on bosses and looking at ways to do away with unnessary spending. If they simply raised the price of everything to balance their budgets, they would go out of busness.

Back to how Toledo, Ohio is doing with the smoking ban. You have to talk to folks that own the local bars and taverns. The results are still not fully tallied yet. Winter is coming. You are seeing more patios being built. That works in the warmer weather. My guess is that this winter you will see a lot more home parties to watch the games. It's too bad..... So many people have put everything they have into these businesses only to see a law destroy them. Anyway you look at this, it's wrong!!!

What have YOU done today to help preserve Americans FREEDOM OF CHOICE?

Kevin

August 14, 2007 -

Strip Club law is only Ohio ballot issue

Some things NEVER seem to amaze me. The ONLY issue on the ballot?? Where are the Tobbaco Companies on the smoking ban issue? What have the Trade Organizations been doing? I did not see one petition to sign. Congradulations to whatever group headed the petition push for the strip cliubs. Great job, you have MY vote even though I choose not to go to these establishments. What the heck is going to happen when the consumption of adult beverages is pushed to be restricted where minors can be present at an event or business establishment that serves alcohol?

Let's travel into the future a bit................. The year is 2020....... Your local restaurant serves all non-transfat entrees... all soda pops are caffine free - sugar free... you have no one using loud voices (that offends people). No babies, because the crying disrupts people as they eat. No wine with your meal until after 9:00pm... You can't serve alchol if anyone under 18 is allowed in. There is a big push in the political sector for the total ban on internal combustion and deisel engines. I'll have to rebuild my 2000 Jeep into solar/electric. That's a nice $20,000 price tag that I can't afford. They had to stop the "Crusin' Car Shows"..... They all sit in garages now. The ballot proposal includes a section just for starting a combustion engine up.... a $500 fine if you get caught. I used to really enjoy the tractor pulls at the County Fairs. But they have been banned... Air Polloution and noise pollution. Also with the new standard on noise pollution, a rock concert is just not the same as 20 years ago.

While all of these bans have been put into place, a new report came out that we have lost 20% of our wetlands that were left in the United States last year. Have we forgotten that by preserving wetlands and green space, that we preserve lifw itself? New construction is booming as Corporate America continues to build new residential housing areas and factories that build the robots that manufacture all the new electronic things we seem to not be able to live without. Not many new jobs are being created... They are now experimenting with robotic automation building the robotic automation.

Anyway..... As you can see, things can really get carried away with if we allow it. We need to concentrate on what is more imortant today. The banning of smoking will just carry into other rediculous bans. It's happening in San Franciso with water bottles. Let's hold onto our freedoms and then through better education, we can make better decisions.

Kevin Thrun

July 16, 2007 - Caroline sent me a copy of an e-mail she sent to Scotts, which is a company that markets lawn care products. They new policy is not to hire smokers and those that currently work there and smoke must quit or be terminated. Caroline has been very active in the fight against the smoking bans and this e-mail is very well written.

To Whom It May Concern:

Having learned about your policy to no longer hire smokers, and to force
your current tobacco using employees to cease using tobacco or be
terminated, I will no longer purchase your lawn care supplies. Your choice
to discriminate against one group of people is repulsive and therefore I
will no longer patronize your company. I find it ironic that Scotts is a
pesticide-peddling company, yet you believe that smoking cigarettes is
detrimental to a person's health. I will assume your next business practice
is to cease hiring the obese, and put your current obese employees on a
weight management plan, or terminate their employment as well. I realize,
as a privately owned company, you have the right to hire and fire at will,
but the practice of doing so sets forth a discriminatory precedent and shows
the general public at large you intend to discriminate. I certainly hope
your company intends to lose many customers across the United States due to
this unfair labor practice. Rest assured that I, as a consumer, will
personally "spread the word" to each and every person I know that Scotts is
a company willing to discriminate against one minority group in the
population. Companies who make such poor business practice policies are
truly at the root of all discrimination in this country. I will remind you
that smoking and chewing of tobacco products is legal and you have no right
to tell an employee what they cannot do on their personal time.

Cigarette smokers incur about $70 Billion dollars per year in healthcare
costs. The obese population incurs healthcare costs of $78 Billion dollars
per year, yet the alcoholic population incurs $175.9 Billion dollars per
year in healthcare costs. It is fair to assume your next policy will be to
fire and cease hiring alcohol consumers, since you clearly state you have
implemented your "smoking policy" in the best interest of your "employees",
and not your pocketbook. Any logical person, via deductive reasoning,
certainly knows alcohol and obesity account for far larger healthcare costs
than smokers.

I expect a reply, and one that is not the "typical form letter".

Thank You,

Caroline

July 12, 2007 - I can still remember back (which was not that long ago), when the term FREEDOM OF CHOICE stood for something. Now as I get started here with this post, America is by far gong away the bench mark for how folks should be allowed to live. But, I would think, most would agree that we have slipped a bit.

I am receiving e-mails from all over the country about ban this and ban that. Most of course, relate to the smoking bans that the anti's think are saving the world. I just have to shake my head and keep on moving forward. The original purpose of all of the Clean Indoor Ordinances was just that...... "Indoor!" It has moved to just "outside the door" and now to "anywhere on the property." We also have smoke free outdoor athletic stadiums. We, who are smokers and for FREEDOM OF CHOICE, did not put up much of a fuss when they banned smoking in your seat and had designated smoking areas. That was livable. But we allowed the door to be opened to continue to stretch it and and now these bans have become totally rediculous!

So what do we do??? We keep up the fight.... We also don't get complacent! We maintain a directed and professional approach. WE use "The Power of Two" in spreading the word. We must have these bans changed or even reversed. Be ready to sign petitions... Share that with two people and be ready to vote!!! Encourage others to do the same!

Take care..................... Kevin

June 24, 2007 - This is one I personally did not see coming. A ban on bottled water?? Back in November I warned everyone that the smoking bans were just the beginning (a stepping stone if you will) for special interest groups and individuals to move forward on the "Ban Wagon." This is absolutly amazing!

Mayor Bans Bottled Water for City Offices (From AP)

SAN FRANCISCO (June 23) - Is city water better than bottled water? Mayor Gavin Newsom thinks so.

Newsom has issued an executive order banning city departments from buying bottled water, even for water coolers. The ban goes into effect July 1, and will extend to water coolers by Dec. 1.

The move was billed as a way to help stem globel warming and save taxpayer money.

"We're hoping to set the example for the private sector and other cities in getting off the bottle," said Tony Winnicker, spokesman for the San Francisco public utilities commission.

In a press release announcing the decision, the mayor cited the environmental impact of making, transporting and disposing of the bottles. More than a billion of them end up in the state's landfills each year, the release said.

When the ban goes into effect, city and county offices will dispense municipal tap water from a reservoir. Winnicker said exceptions will be made in cases where potable water is not easily available or poses health concerns.

Ohio smokers jump across state line to light up
June 13, 2007
By John Seewer


TOLEDO, Ohio — Bartender Tracy Smith quit her job in Ohio after voters banned smoking inside most public places so she could find work in Michigan.

It was a smart move.

Her tips are up and the bar where she now works is looking for more help now that smokers are crossing the state line to light up.

“We are getting new faces every day,” she said.

Bar owners across Ohio say the smoking ban is costing them customers, but along the edges of the state some are laying off employees and cutting hours because business is dwindling.

“When you're on the border like we are, it's going to take place,” said Rick Van Winkle, whose Red Front Tavern in New Paris is just two minutes from Indiana.

“Some of my regular customers haven't been in for a month,” he said. “I'm sure that's where they're at.”

Patrick Carroll, president of the Cincinnati-based Buckeye Liquor Permit Holders Association, said it's not just bar owners and employees who are hurting.

Beer and cigarette vendors are losing money too, he said.

The smoking ban took effect in December although many bar owners didn't pick up their ashtrays until May when the state began enforcing the new smoking rules.

Since then, business has been down by about 65 percent at State Line Bar & Grill in Masury, which is just outside Youngstown and straddles Pennsylvania.

“It hurts tremendously,” said bartender Debbie Longley. “I don't know what we're going to do. It's just a small family bar.”
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June 3, 2007 - Is everyone paying attention to what is going on across the country with all these smoking smoking bans? The non-smoking TV commercials are claiming victory like they have saved the entire world.... Here's my take on this. Through these bans, global warming continues... Wetlands continue to disappear at an alarming rate... Gas prices are STILL completely out of control... Animal species are being choked out of their habitat by the need for wood for construction for new developments that are taking up needed greenspace for the sake of progress.

Now let's slide over to emissions form the millions upon millions of vehicles on America's highways.... The impact on the environment by taking away a business persons right to run their business the way they wish did not quell, change or impact this serious issue either.

Why am I making these types of comparisons? My point is that the smoking bans have done nothing but take away our FREEDOM OF CHOICE. Rates of lung cancer will not decrease... Children will not be less affected by smoke... We need to have proper education programs if we desire to reduce smoking and prevent young people from picking up the habit. I'll add this for future reference... The same applies to the consumption of adult beverages.

The Toledo Blade has an article in todays Sunday Blade (June 5, 2007). Bill Delaney, owner of Delaney’s Lounge in Toledo, Ohio, said smoking-ban opponents are working on a counterproposal that they hope to get on the November ballot. “I think we’ve got a real good chance of overturning it,” he said.

Reality will eventually sink in... I recommend you go to the link below to read this Blade article.

http://toledoblade.com/apps/pbcs.dll/article?AID=/20070603/BUSINESS03/70603001/-1/FRONTPAGE

Governor to Appeal Smoking Ban Ruling
Gov. Ted Strickland's Office
For Immediate Release:
Friday, May 25, 2007
Contact: Keith Dailey
614 644-0957/614 506-4949
Keith.Dailey@governor.ohio.gov
Columbus, Ohio - Ohio Governor Ted Strickland today asked Attorney General Marc Dann to appeal the Franklin County common pleas court ruling on the private club exemption in the state's new smoking ban law.
"I believe we established a reasonable rule that enforces the smoking ban while also honoring the exemption established in the law for certain private clubs including veteran's clubs," Strickland said. "I am troubled that many citizens, including many veterans, voted for the smoking ban last fall with the understanding that it included an exception for private clubs, only to be told later that the ban doesn't include a real exception. In order to make sure that these citizens have every opportunity to have their point of view considered, I have decided to appeal the court's ruling."
The governor consulted with the Department of Health and the Attorney General's office to reach his decision.

May 19, 2007 - Here's one for you. The new "Die Hard" Bruce Willis movie comes out this summer. Believe it or not (or so I have heard), he will not be smoking in this one. The reason being that the movie would receive a "R" rating if he does. Feel free to correct me if I am wrong on this one but I thought I would pass what I have heard along. I would bet that people (in the movies) will stll be drinking for whatever reason or unmarried sex will still still be all over the place and as long as they don't show the details...... some will still stay away from an "R" rating. Even in the movies, smoking is the root of all evil. I just thought I would share that..... It absolutly boggles my mind!

May 7, 2007 - Below is the latest update on activity on the Ohio smoking ban. Enforcement has begun, but the fight is far from over. The major issue still gets down to the FREEDOM OF CHOICE of private business to set their own policies. The way this WILL get changed is by getting it back on the ballot and reversing it.

Article published Friday, May 4, 2007
OHIO INDOOR SMOKING ORDINANCE
State begins enforcing ban; action fails to clear for those opposed to law

By JULIE M. McKINNON
BLADE STAFF WRITER
Beyond the closed side door at Good Times Sports Bar & Grill on Jackman Road, Bruce Stafford and Michael Miller played pinball, drank beer, and smoked freely - and legally - on a partially enclosed patio.

A few miles away, soon after a group with smokers left Delaney's Lounge earlier than usual, a man who declined to give a reporter his name for fear of being penalized for defying state law searched the Alexis Road bar for a place to put his cigarette's ashes before lighting up.

The ashtrays were removed and the no smoking signs were posted at Delaney's and many other Toledo-area bars yesterday, the first day that enforcement of the state's strict indoor smoking ban began.

There also was defiance on the part of some smokers and bar owners, who admit they won't force patrons to put out their cigarettes. Bars and private clubs should be treated differently than restaurants, many maintained yesterday.

"We don't allow kids in," said Bill Delaney, owner of Delaney's, who plans to appeal all warning letters and fines. "It's not a family place."

Said Mr. Stafford of Temperance, while at Good Times with his Point Place friend: "I think, in a bar, it should be your choice."

To read the full story click on the link below:

http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20070504/NEWS24/705040345/-1/ARCHIVES30

Article published Tuesday, May 1, 2007
OHIO SMOKING BAN
Exemption on hold for private clubs
Cancer Society, bars win temporary block in court

By JIM PROVANCE
BLADE COLUMBUS BUREAU

COLUMBUS - Private clubs statewide will have to stamp out cigarettes starting Thursday along with nearly all other employers as a result of a court order yesterday placing their exemption on hold for at least two weeks.

Franklin County Common Pleas Court Judge David Cain issued a temporary restraining order shelving a rule written by the Ohio Department of Health that would have allowed some private clubs to avoid the ban on indoor smoking passed by voters on Nov. 7.

In his order, the judge said he believes opponents of the private club exemption have demonstrated "a substantial likelihood of success" in their case.

He will hold a hearing on May 14 to decide whether to make his order permanent.

"If private clubs have employees, they are not exempt from the smoking ban, at least while this temporary restraining order is in place," said Ohio Health Department spokesman Kristopher Weiss.

Judge Cain met behind closed doors with attorneys for the Ohio Licensed Beverage Association, the American Cancer Society, and the health department.

Although the Cancer Society and association representing bars and restaurants were on opposite sides of the issue in November, they presented a united front against the private club exemption yesterday.

The Cancer Society has asked the court to merge its own court challenge with that of the bars and restaurants.

"It would have been an unlevel playing field," said Michael Carpenter, the association's attorney.

"Private clubs would have the ability to market themselves for smokers whereas our clients, bar owners in Ohio, would have had a difficult time competing for that business," he said.

The Cancer Society argues the exemption thwarts the voters' will.

"The law that the voters approved by 59 percent majority clearly provided that employees of private clubs, just like employees of every other organization or business, are entitled to breathe smoke-free air," said the society's attorney, Don McTigue.

"This attempt by the department to exempt private clubs with the claim that this is the voters' intent just doesn't meet the actual language of the ballot," he said.

The text of the Smoke Free Workplace Act specifically included private club employers among the bars, restaurants, bowling alleys, and other workplaces subject to the ban.

Veterans of Foreign Wars and some other nonprofit clubs have argued they thought they would be exempt because summary language that appeared on the ballot listed clubs among the exemptions without the numerous conditions they would have to meet.

"All the state commander wanted was a little wiggle room for members who want smoking space inside the club," said Robert Funk, adjutant quartermaster with the Veterans of Foreign Wars' state headquarters.

"We didn't want to change the law one way or the other."

The indoor smoking ban went into effect Dec. 7, but enforcement has been nonexistent until the rules giving it teeth take effect Thursday.

Like nearly every other employer, private clubs would face the potential for fines starting at $100 and escalating with subsequent offenses to $2,500 if they tolerate smoking.

Under the law, private clubs would be exempt only if they are nonprofit organizations with no employees, do not invite non-members or anyone under 18 inside, and have freestanding structures from which smoke can't migrate to another area where smoking is off-limits.

If the club has a liquor permit, if must be a nonprofit D-4 permit.

In rules designed to fill operational gaps in the law, the health department added a sentence stating that private club members are not "employees" under the law even if they are paid to wait tables or tend bar.

A ruling is expected today from Hamilton County Common Pleas Court in a separate lawsuit filed by the Buckeye Permit Holders Association, another organization representing bars and restaurants.

Its court action not only challenges the private club exemption but also the constitutionality of the entire law.

Contact Jim Provance at:
jprovance@theblade.com
or 614-221-0496.

April 19, 2007 - Let's get everyone caught up on the Ohio News over the past several days. Look for Ohio to start attempting to enforce the smoking ban law as early as May 3rd. There have been some small victories.... One is that the law allows smoking in some private clubs that have employees who are also members. I will call this a small but mighty victory. It shows this law CAN BE BROKEN!

 

by meo, Saturday, 27 March 2004 08:58 Comments(0), Read all
 

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