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by BWilliams
on Sat May 19, 2007 7:01 am |
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Quote: The Ohio Smoke-Free Workplace Act prohibits smoking in all indoor public places with the following exceptions:
• Private residences except hours when used as a public business.
• Nonprofit, private clubs that have no “employees,” do not invite the public or anyone under age 18 in, and have free-standing structures from which smoke can’t migrate to areas deemed nonsmoking.
• Tobacco specialty shops with less than 20 percent nontobacco sales.
• Up to 20 percent of rooms in hotels and other lodging facilities.
• Wholly family-owned businesses with no nonfamily members present.
• Designated rooms in nursing homes.
• Outdoor patios.
To read the law, visit smokefreeohio.org.
PENALTIES AGAINST BUSINESSES
• First violation: Warning letter.
• Second violation: $100.
• Third violation: $500.
• Fourth violation: $1,000.
• Subsequent violations: $2,500.
AGAINST SMOKERS
• First violation: Warning letter.
• Second violation: $100.
• Third violation: $100.
• Fourth violation: $100.
• Subsequent violations: $100.
THE APPEALS PROCESS
Ohio’s smoking ban was designed to be complaint-driven. If someone wants to file a complaint, he or she may call the Ohio Department of Health’s toll-free number at 1-866-559-OHIO.
Once a complaint is made, here’s what happens:
• The complaint, which may be made anonymously, is referred
to the local health department.
• A notice is sent to the alleged offender.
• The alleged offender has 30 days to offer a defense.
• The local health board investigates and determines if a violation occurred.
• The alleged offender has 30 days to respond.
• If a first offense, the violator is sent a warning letter.
• If not a first offense, the violator is fined. The violator has 30 days to seek administrative review by an impartial decisionmaker appointed by the state health board.
• The impartial decision-maker makes a recommendation.
• The local board makes a fi nal decision.
• The accused has 15 days to appeal to Franklin County Common Pleas Court in Columbus.
• Appeal of that decision may be made to the 10th District Court of Appeals in Columbus, and ultimately to the Ohio Supreme Court.
Source: Ohio Department of Health
A judge ruled yesterday that even private clubs (VFWs, etc.) have to comply with this insane nazi list of rules. |
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BWilliams
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Joined: Jun 05, 2003
Posts: 1082
Location: New York City
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by linkup
on Sat May 19, 2007 11:00 am |
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| Everyone who contests fines has to go to Columbus for a Court hearing!Ridiculous! I assume this was planned that way to discourage bar owners and residents from contesting the fines where they live.I am sure there will be some interesting cases.Is there a way we can get access to all the court cases? |
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linkup
Smoking Lobby Sponsor
Joined: Oct 01, 2005
Posts: 1201
Location: Anywhere but here
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by Darkseid
on Sat May 19, 2007 8:35 pm |
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| Sure, it was deliberately planned that way to make it a hardship on you to appeal. They know most people have to work. |
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Darkseid
Smoking Lobby Sponsor
Joined: Jun 13, 2006
Posts: 1399
Location: Peoples Republik of oHEILo
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by linkup
on Mon May 21, 2007 2:50 am |
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What really boils me is the State makes this a State offense (State Law), only to be heard in the Court of State Capitol Bldg.They have done this in Arizona too,as far as I know.I guess they can only buy so many judges and want the problem centralized for control purposes.
Where else is a $100 fine for any other offense heard only in the State Capitol Court Bldg?
Does the State of Ohio require you to go to Columbus for a State Hwy Police issued speeding ticket? I live in Arizona and I don't know the answer to that in my State.I can only say that the officers issuing the tickets throughout the State would have to be paid to travel thousands of miles per week,just to be in Court.
Does that mean the Health Dept Police(investigating officers) are being paid to travel to the State Capital from anywhere ,to testify only that someone made an anonymous complaint of smoking,with no evidence? Did the health official even talk to the smoking violator(s) or only to the owner or barmaid? Did the health official call for enforcement officers to arrest the smokers or evict them?
Did the health official tell the barmaid or owner that they are now police and are required by law to risk their lives to snuff out smoking in their business?
I am going to bed,I am in need of a tranq! |
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linkup
Smoking Lobby Sponsor
Joined: Oct 01, 2005
Posts: 1201
Location: Anywhere but here
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by ILss
on Thu May 31, 2007 12:50 pm |
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The part of the ban language which is most troubling is this innocuous sentence, Quote: Ohio’s smoking ban was designed to be complaint-driven.
Some things just didn't need "fixed" by implimenting a ban. There were actually many places, including some restaurants, that had gone non smoking years ago. At the time, places like that were a minor inconvenience, but if the food was good enough a smoker would eat and leave as soon as they were finished. Implimenting a sweeping statewide ban based on "the will of the people" in an election off year, which was voted on by just 58% of Ohio's registered voters was sneaky and underhanded. How the anti smoking brigade got a toehold on Ohio mystifies and stumps many now. Simply put, it's here because there's money to be had in having smoking bans. Ordinary public contributions to ACS and other organizations can't be used to fund political agendas, but fines collected on behalf of a smoking ban can. Who will be the big winner in all this? Big pharma, of course. Their cessation products are being shoved down our throats at record pace in 75% of their print and tv advertising campaigns. Who will lose the most? The smaller mom and pop establishments in local neighborhoods who no longer have a voice in how they operate their property.
IMO, this has never been about anti smoking fascists worrying over our health. Without exception, the biggest complaint is how smoke smells and how the smell of it clings to hair and fabric. Smells dissapate just as smoke does, into the atmosphere.
Sorry for the rant, but I would hope that any anti lurkers who happen to read this will pause to think about the consequences of their actions before implimenting smoking bans where they aren't wanted or needed. |
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ILss
Toker
Joined: Dec 06, 2006
Posts: 91
Location: Ohio
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