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by Hannah McCartney 05.23.2012
Posted In: State Legislature, News at 10:30 AM | Permalink | Comments (3)
 
 
ohio-no-smoking_sign

Ohio Supreme Court Rules Smoking Ban Constitutional

Judge rejects Columbus restaurant's argument that ban is "oppressive"

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.

 
 
by Jac Kern 01.07.2011
Posted In: News, Business, County Commission, Mayor, Neighborhoods at 01:00 PM | Permalink | Comments (3)
 
 

Keller's IGA Shuts Down

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.

Click here to contact Mayor Mallory, here for auditor Dusty Rhodes or here for Hamilton County Commissioners.

 
 
by Kevin Osborne 04.26.2012
Posted In: News, Environment, Family at 09:57 AM | Permalink | Comments (1)
 
 
pollution

Cincinnati is 8th Worst for Air Pollution

Lung Association: Region is slowly improving

Cincinnati and Hamilton County fared poorly on a national list of places with polluted air that was released Wednesday.

The Cincinnati-Middletown-Wilmington metropolitan region ranked as the eighth-worst for air particle pollution, according to the American Lung Association.


Meanwhile, Hamilton County was given an “F” grade for its number of high ozone days, and a “D” grade for air particle pollution by the Lung Association.

The rankings were included in the group’s “State of the Air 2012” report. The annual air quality report grades cities and counties based, in part, on the color-coded Air Quality Index developed by the U.S. Environmental Protection Agency (EPA) to alert the public to daily unhealthy air conditions.

The 13th annual report uses the most recent, quality-controlled EPA data collected from 2008-10 from official monitors for ozone and particle pollution, the two most widespread types of air pollution. Counties are graded for ozone, year-round particle pollution and short-term particle pollution levels. Also, the report uses the EPA’s calculations for year-round particle levels.


Generally, the report found that air quality in America’s most polluted cities was at its cleanest since the organization’s annual report began 13 years ago. This year’s report details the trend that standards set under the Clean Air Act to cleanup major air pollution sources — including coal-fired power plants, diesel engines, and SUVs — are working to drastically cut ozone (smog) and particle pollution (soot) from the air. Despite this progress, unhealthy levels of air pollution still exist and in some parts of the nation worsened.


More than 40 percent of people in the United States live in areas where air pollution continues to threaten their health. That means more than 127 million people are living in counties with dangerous levels of either ozone or particle pollution that can cause wheezing and coughing, asthma attacks, heart attacks or premature death.


The Cincinnati region ranked 21st for high ozone days out of 277 metropolitan areas. Also, it ranked 39th for 24-hour air particle pollution.


Still, the region is improving. The region has had 19.4 fewer high ozone days annually on average since 1996, and 10 fewer high-particle pollution days since 2000.
 
 
by 04.16.2010
Posted In: News, Courts, Business at 02:45 PM | Permalink | Comments (0)
 
 

Cintas Settles Employee Death Lawsuit

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.

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by Danny Cross 10.04.2011
Posted In: Music, Sports, News, 2011 Election, Congress at 09:47 AM | Permalink | Comments (1)
 
 
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MNF: Hank Williams Jr., Out; Jello Biafra In?

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.”

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by Andy Brownfield 10.23.2012
Posted In: 2012 Election, Community, Media, News, Racism at 11:26 AM | Permalink | Comments (1)
 
 
voterfraud

Controversial Voter Fraud Billboards to be Removed

Outcry, national attention spurred removal of voter fraud displays

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.”

 
 
by 04.22.2009
Posted In: News, Business at 02:37 PM | Permalink | Comments (1)
 
 

Lawsuit: Cintas Quotas Are Hazardous

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.

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by 06.22.2011
Posted In: News, Media, Financial Crisis, Business at 01:01 PM | Permalink | Comments (2)
 
 

Enquirer Layoffs: 2011 Edition

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.

Read More

 
 
by Bill Sloat 11.29.2012
 
 
puerto-rico-flag

Ohio Democrats Push for Puerto Rico Statehood

State Rep. Alicia Reece only local legislator listed as co-sponsor

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.”

 
 
by German Lopez 06.04.2013
Posted In: News, Mayor, Drugs at 12:29 PM | Permalink | Comments (1)
 
 
berns marijuana

Mayoral Candidate to Hand Out Marijuana Plants

Campaign event could violate state law

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.

 
 

 

 

 
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