Since 2006, the Ohio Smoke-Free Workplace Act has banned indoor smoking at public establishments and places of employment, making Ohio the first Midwestern state to enact a state-wide ban. Despite controversy and contestment, that ban will continue to be enforced statewide.
The owner of Zeno's Victorian Village in Columbus who attempted to combat the law was shut down by a unanimous 7-0 vote in the Ohio Supreme Court today, which ruled that the state's six-year smoking ban is constitutional.
Ohio's ban affects some 280,000 establishments across the state of Ohio, according to the Ohio Department of Health (ODH).
According to the Supreme Court of Ohio's case summary, Zeno's was cited 10 times for violations of the ban from July 2007 and September 2009, receiving multiple fines, none of which were paid. In protest of the violations, the director of the ODH filed a complaint against Bartec Inc., the corporate entity that owns Zeno's, requesting the bar to pay all outstanding fines.
Bartec and legal representative 1851 Center for Constitutional Law, a nonprofit legal center, asserted that the smoking ban was unconstitutional, a violation of the state's policing powers and that prohibiting smoking in an adults-only liquor-licensed establishment such as Zeno’s is "unduly oppressive," according to the case summary.
The ban and its enforcement, argued Bartec, constitutes an unlawful taking of property, meaning an improper confiscation of the owner’s control of the indoor air.
"The goal of this legislation is to protect the health of the workers and other citizens of Ohio. ... It does so by regulating proprietors of public places and places of employment in a minimally invasive way. We therefore hold that the Smoke Free Act does not constitute a taking,” wrote Justice Lanzinger in her opinion.
In her written opinion, Justice Judith Ann Lanzinger also cited 2002 Supreme Court decision, D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health:
"We have previously stated that the General Assembly has the authority to enact a public-smoking ban. ... Although the Smoke Free Act was ultimately passed pursuant to a ballot initiative, the voters of Ohio also have a legitimate purpose in protecting the general welfare and health of Ohio citizens and workforce from the dangers of secondhand smoke in enclosed public places. By requiring that proprietors of public places and places of employment take reasonable steps to prevent smoking on their premises by posting ‘no smoking’ signs, removing ashtrays, and requesting patrons to stop smoking, the act is rationally related to its stated objective.”
According to the Columbus Dispatch, the bar owes the state approximately $33,00 in violation fines, and the state has threatened to seize and foreclose the bar if the fines aren't paid.
See how Ohio's public smoking laws compare to those in other states across the U.S. here.
Are you watching the Grammys alone tonight? Wishing you had someone there with you to enjoy the performances and award presentations help make fun of any and everything that deserves to be? Whether you're solo snarking, hanging out with a few pals, throwing your own Grammy mega-party or at the ceremony in person (we hear Taylor Swift is a big citybeat.com fan), join me tonight at this very cyber spot for some hot live blogging action. And when those witty comments pop into your head (or you become outraged with something I've written), feel free to post some comments of your own. The show airs live on CBS at 8 p.m.; pre-show red carpet festivities are probably going on now on E! And you can watch the program (and pre-show activities) through the Grammys site or through the Grammys YouTube channel.
Below is a little "pre-game show," addressing some of the more interesting story-lines this year, the saddest of which began just last evening when superstar Whitney Houston was found dead in her Beverly Hills hotel room. Even though her tragic death occurred just over 24 hours before the Grammys were set to begin, Houston's shadow will loom large over the ceremony, if not overshadow it completely.
Cincinnati restaurants Adriatico’s and Eli’s BBQ got national recognition this week when they appeared on Urbanspoon’s top 100 “cheap eats” list. Urbanspoon chose these two eateries, as well as 98 more, from the million (yes, million) restaurants in their database.
Eli’s BBQ upgraded from a tent at Fountain Square and Findlay Market to a permanent home in the East End this year. They serve smoked meat and home-cooked sides. On Friday afternoons, you can bring your own drinks to accompany the pulled pork and macaroni and cheese on your plate. Eli’s offers hickory-smoked ribs, all-beef hotdogs, pulled pork sandwiches and more. For a longer rundown of Eli’s BBQ, check out CityBeat's review of the joint.
Adriatico’s brings New York style pizza to the Queen City. The pizzeria and sports bar is open after midnight each night, so you can get your late-night pizza fix after most places are closed. And since pizza isn't complete without beer, this place has plenty of it. With more than 40 beers on tap plus tons of craft bottled and canned beers, you’re able to mix and match pizzas and brews for the best combination for you. To keep up with Adriatico’s, check them out on Facebook.
Congratulations to Cincinnati’s cheap stops to fill up and leave full. Once you give these restaurants a try, check out more local spots because Cincinnati has a lot to offer when it comes to eating.
Last week, Cincinnati's stars-in-the-making Walk the Moon issued the first release under its deal with RCA Records. Though only three songs, the effort is illuminating and a hint of what's to come on the band's forthcoming, so-far-untitled RCA full-length debut (due to be released this May). The Indie Dance Pop foursome has seemingly been touring and doing business related tasks non-stop for at least the last year. Now that it has a release on RCA, that will only increase. The recording is called Anna Sun EP, named for the band's irresistible tune that (along with a stellar music video) helped initially generate much of the buzz they've received fairly consistently over the past year or so.The song "Anna Sun" is on the EP, but those who have i want! i want! (the group's stellar self-released LP containing the original track) might still want to listen. It's a new version of the catchy song, slicked up a bit for radio and seemingly (inexplicably) sped up.
Keller's IGA, located at 319 Ludlow Ave. in Clifton, shut down Thursday citing tax issues. While the doors are still locked, it has been announced that the store's liquor license is no longer suspended.
Cliftonites have been shopping at IGA's Ludlow location since 1939. Nestled near Arlin's Bar and Esquire Theater, Keller's was one of the only grocery stores in walking distance from The University of Cincinnati and has been a staple for many students and locals, especially those on foot.
While there is a CVS Pharmacy and United Dairy Farmer's nearby, the closest full-service grocery stores are the Kroger stores on West Corry Street (1.5 miles away) and off Spring Grove Avenue (1.7 miles away). The absence of Keller's not only leaves locals with fewer shopping options, but leaves a gap in array of locally-owned businesses in the Gaslight District.
While many former Keller's shoppers will turn to new stores where they can purchase deli items and fresh produce, they will most likely have to forgo supporting a neighborhood store and resort to a larger chain. A sign on Keller's door urges patrons to do what they can to save this local business.
A lot has changed since Charlie Sheen played that kind of do-able police station junkie in Ferris Bueller's Day Off. He was recently the highest paid television actor, has the highest risk of contracting a completely new strain of Hepatitis and is probably going to be the highest actor Andrea Canning has ever interviewed, on a special edition of "20/20" Tuesday night.
Gone, after just three-and-a-half years, is the “Beautiful Ohio” plate, a bucolic affair that managed to combine green rolling hills, a red barn, a city skyline, trees, a yellow sunburst, the Wright Brothers’ plane and the year of statehood. The Automobile License Plate Collectors Association gave it second place in its Best New License Plate contest in 2009.
The new standard-issue plate, which went on sale April 15, is called “Ohio Pride” (no, not that pride). The word Ohio appears on a wide, red isosceles triangle bleeding from the top of the plate. And behind the plate number is a background of 46 slogans, identifiers and products “describing what makes Ohio a great state.” Such as: “State of Perfect Balance,” “The Heart of it All,” “Newark Earthworks,” “Serpent Mound,” “Polymer Capital of the World,” “Steel City” and “Walleye.” It is devoid of images.
Pity the passing driver who tries to make out any of the 46 words and phrases. Because they are jammed together in light gray lettering, they blur into a hazy backdrop. Don’t take CityBeat’s word for it. Pull up behind a car with one of the new plates. Maybe you’ll be able to make out two of the larger-print items, “Birthplace of Aviation” and “DiscoverOhio.com.”
The cacophony of slogans and products gives the new Ohio plate an edge over the regular plates of many states, said Greg Gibson, president of the ALPCA. But he, too, was confounded by their legibility. “I doubt that the slogans can be read at any distance,” he says.
Ohio Bureau of Motor Vehicles spokesman Dustyn Fox said no one in the Kasich administration objected to the Beautiful Ohio plate, which was designed with the help of former First Lady Frances Strickland.
“Traditionally, each new administration redesigns the Ohio plate,” Fox says. “A selection committee made up from BMV officials, Ohio Department of Public Safety officials and representatives from the governor’s office choose final designs. The governor and first lady make the final decision.”
The review panel considered five or six designs before settling on one submitted by students at the Columbus College of Art and Design. The selection, however, represents an act of artistic regression in a milieu that has gone wild for visual elements in the past decade. Wyoming, for instance, has a bucking bronco, Oklahoma a Native American archer, Utah a skier and South Dakota, Mt. Rushmore. Elsewhere, we see trees, mountain ranges, peaches, oranges, a cactus, a pelican and a buffalo.Closer to home, Indiana has a blue license plate depicting the state seal, but which looks like a clock face in traffic. Kentucky plates bear the slogan “Unbridled Spirit” and the head of a hurtling race horse. Cleverly, they also show the vehicle owner’s home county, which allows police officers to snag out-of-county drivers for traffic violations.
I usually shy away from album reviews, but when I opened the FedEx package on my doorstep and found the new Dirty Heads album, complete with promotional rolling papers (presumably to accompany the album), I decided to take a second look because obviously this was intended to take my worries away and make everyone feel great.
In 2008 The Dirty Heads splashed onto the music scene with their debut album Any Port in a Storm; this year, they follow it up with their long-awaited album Cabin by the Sea. Cabin is a true master class that sticks to the So-Cal altrocker vibe for which The Dirty Heads are known. When popping the disc in the dash of the car, the first chord of "Arrival" instantly enthralls you and throws you into the cabin by the sea with a group of friends enjoying life the way it was intended to be. The song that really struck a chord with me was “Spread Too Thin” because I think everyone can relate to being pulled in many directions every day and wanting to just slow down for a minute; Cabin by the Sea allows you to take a break and do just that. Cabin is the perfect summer album, ranging from the summery feel-good Reggae of "Your Love" to the Hip Hop vibe in "Smoke Rings" to the poppy acoustic flow of the title song.
Every time I listen to Cabin by the Sea it takes me away from the daily grind and monotony. There are many collaborations on the album, including with Matisyahu, Del the Funky Homosapien, Rome and Ky-Mani Marley. One of the coolest parts of this album is the accompanying DVD, which takes you behind the scenes of the recording process at Sonic Ranch Studios in Texas.
Cabin by the Sea is a must have for the summer. The album hits the shelves and online outlets tomorrow.
Founder and Cincinnati resident Ashley Volbrecht hopes to offer consumers a different shopping perspective. “Creating a pop-up shop in my mind just represented a new way to get people to think about shopping,” Volbrecht said in a press release. “We’re here today, gone tomorrow. I want shoppers to forget they are inside of a truck when they enter.”
The truck itself is a former bread delivery truck that has been reconstructed to reflect the trendy vibe of the shop’s clothing. Former tin walls are now pink and white shelves boasting a variety of dresses and tops. A dingy floor has been converted into a pristine black and white striped pathway leading shoppers through racks of clothing and accessories. The former white exterior now stands out with bright colors and an elegant store name that lets consumers know this isn’t your run-of-the-mill mobile vendor.
Most shoppers know that entering a boutique usually entails a bit of sticker shock, but Truckshop is changing that assumption for its customers. Truckshop sells dresses, tops, jewelry and accessories, all for $65 or less. “Price point is one of the most important parts,” Volbrecht explained. “I love finding pieces I’m obsessed with and I love finding a bargain. I tried to use this same approach when choosing pieces for the boutique.”
Truckshop, opened this past Saturday, is leading the way for mobile boutiques in the Midwest. Truckshop will be at various festivals this summer including City Flea and Second Sundays on Main. And now everyone can feel like a celebrity with a store that comes to you: Truckshop is available for private parties of six or more people. Customers can also shop online through Facebook and Instagram pages.
The launch party is tonight from 6-9 p.m. at the Columbia Center, 3500 Columbia Pkwy. For more information about Truckshop, visit www.facebook.com/shopthetruck or follow Truckshop on Twitter @shopthetruck.