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.
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.
In a stark turnabout from the company’s previous position involving the incident, Cintas Corp. has settled a lawsuit filed by the wife of an employee who was burned to death in an industrial dryer at an Oklahoma facility.
When Eleazar Torres-Gomez was killed at the Cintas laundry near Tulsa, Okla., in March 2007, the company took no responsibility and blamed him for his death. Further, Cintas initially tried to block Torres-Gomez’s family from claiming workers compensation benefits.
Not that anyone really gives a [expletive] what Hank Williams, Jr., thinks about politics, but the country singer has gotten himself canned from Monday Night Football for saying insensitive things about subjects he doesn't know that much about. Williams yesterday told Fox & Friends that John Boehner's golf game with President Obama was "one of the biggest political mistakes ever," comparing it to “Hitler playing golf with (Israeli leader) Benjamin Netanyahu,” and then explaining that Obama and Joe Biden are “the enemy.”
A Cincinnati outdoor advertising company announced Tuesday that it will take down controversial billboards that opponents claim are aimed at intimidating voters.
Norton Outdoor Advertising had been contracted to put up about 30 billboards that read “Voter Fraud is a Felony!” The billboards also listed the maximum penalty for voter fraud — up to 3 and a half years and a $10,000 fine.
Opponents of the billboards claim they were strategically placed in predominantly low-income and black neighborhoods in Cincinnati as a means to discourage those largely Democratic voters from going to the polls.
The billboards were funded by an anonymous “private family foundation.”
In a statement posted online, Norton Executive Vice President Mike Norton said the displays would be taken down as soon as possible. He wrote that the foundation and Norton agreed after hearing criticism that the sentiment surrounding the displays was contrary to their intended purpose.
The family foundation didn’t intend to make a political statement, but rather make the public aware of voting regulations, he wrote.
“We look forward to helping to heal the divisiveness that has been an unfortunate result of this election year,” Norton wrote.
Norton had previously told CityBeat that the billboards were not targeted but distributed randomly throughout the city.
Several Cincinnati officials wrote to the company requesting the billboards be taken down.
ClearChannel Outdoor Advertising announced on Monday that it was removing similar billboards in Cleveland and Columbus.
The billboards throughout Ohio had garnered national criticism and media attention.
A rival outdoor advertising company is putting up 10 new billboards to rebut the voter fraud ones.
The new red, white and blue billboards will read “Hey Cincinnati, voting is a right not a crime!”
Cincinnati City Councilman P.G. Sittenfeld said in an emailed news release that he reached out to Lamar Advertising Company to ask if they would donate the billboards throughout Cincinnati.
“We should be encouraging folks to participate in our democratic process, not trying to scare them,” Sittenfeld wrote. “I salute Lamar’s generosity and their support in encouraging citizens to raise their voice and not be scared away.”
Cintas Corp. sets unrealistic production quotas for laundry workers that cause dangerous conditions and it led to the death of one worker in March 2007, according to a motion filed in a lawsuit against the company.
The widow of Eleazar Torres-Gomez, an employee who died when he fell into a dryer at a Cintas facility near Tulsa, Okla., made the allegation in an application filed Tuesday that seeks to amend her lawsuit.
Although it doesn't compare to the wholesale hacking and slashing of staff that occurred in 2009, the latest round of layoffs at The Enquirer includes several positions in the newsroom, which already had seen significant reductions.
At least 16 people on the newspaper's editorial staff were laid off, and another chose to retire, according to reliable sources at the paper.
A group of Ohio House Democrats wants Congress to move quickly and grant statehood to Puerto Rico, which has been a U.S. possession since the Spanish-American War ended in 1898. The Ohioans do not say where the star should go on a redesigned American flag, but they said statehood would “respect the rights of self-governance through consent of the governed of our fellow United States citizens residing in Puerto Rico.”
The chief sponsor of the resolution, H.C.R. 57, is State Rep. Dan Ramos of Lorain, a northern Ohio city where about 25 percent of the 64,000 residents are Hispanic. Lorain is considered the most Hispanic city in Ohio, and nearly 20 percent of its population claims Puerto Rican descent. The resolution urging statehood was introduced this week in the Ohio House where it likely faces an uncertain future. The current term of the legislature is scheduled to end in December, and it has no Republican co-sponsors. The GOP controls the House, which means that Democratic proposals often get bottled up or receive short shrift.
Earlier this month, a slight majority of Puerto Ricans voted in favor of statehood for the Caribbean Island. It was the first time a statehood referendum has won there, and the non-binding vote was seen as signaling that many Puerto Ricans appear ready to end the island’s status as a U.S. commonwealth. The move by the Ohio House Democrats also appears aimed at cementing the party’s support among Hispanic voters. Some 70 percent of Hispanics backed the Democrats and President Obama on Election Day, and Hispanics are emerging as a key bloc with increasing power at the ballot box.
With the exception of State Rep. Alicia Reece, a Cincinnati Democrat, all of the other House Democrats backing the statehood resolution are from Columbus or further north in Ohio. The resolution urges Congress to take swift action “towards admitting the Commonwealth of Puerto Rico to the Union as a State.” Statehood decisions are up to Congress. The Ohio resolution points out that Puerto Ricans are already U.S. citizens (although they cannot vote in presidential elections), and that many serve in the U.S. military. A 1917 law granted residents U.S. citizenship.
There is a historical footnote involving Cincinnati in Puerto Rico’s fate. Former
GOP President William Howard Taft, a Cincinnatian who went on to serve
as Chief Justice of the Supreme Court in the 1920s, delivered a major
legal decision in 1922 that helped keep Puerto Rico separate. Taft
said the congressional act that conferred citizenship on the islanders
did not contemplate that they would be incorporated into the Union. He ruled the U.S. possession had never been designated for statehood. Taft gave the island a unique status that has been described as a commonwealth, or as it is said in Spanish, “Estado Libre Asociado de Puerto Rico.”
Update (June 5, 11:20 p.m.): Libertarian mayoral candidate Jim Berns didn't hand out marijuana plants at a campaign event Wednesday, instead admitting to multiple media outlets that he was misleading the public to raise awareness of his campaign and marijuana legalization platform. Berns handed out tomato plants instead, which look similar to marijuana plants.
In perhaps an act of civil disobedience, Libertarian mayoral candidate Jim Berns is planning to hand out marijuana plants at a campaign event Wednesday.
But the event could run foul of state law for both Berns and attendees. Ohio law prohibits obtaining, possessing or using a controlled substance — a category that includes marijuana.
The event will take place at the intersection of Martin Luther King Drive and Clifton Avenue on Wednesday at 5 p.m.
"If you want one of the plants I suggest you get there early," Berns said in a statement.
In this year's mayoral race, Democratic candidates John Cranley and Roxanne Qualls are generally considered the top contenders, although neither candidate has received an official endorsement from the local Democratic Party.
Berns has differentiated himself from the frontrunners by pushing marijuana legalization in his platform.
Drug prohibition laws are generally dictated at state and federal levels, but city governments can legalize or decriminalize certain drugs and force police departments to give the issue lower priority.
Marijuana is already decriminalized in Ohio. Cincinnati re-criminalized the drug in 2006, but the drug was decriminalized through a city budget passed in 2010.
Some groups are attempting to legalize medical marijuana in Ohio. CityBeat covered those efforts in further detail here.