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.
Well, surprise. Most of the Americans who don’t pay federal income taxes live in states that polls show are locked in for Mitt Romney. They are down South. Or out in the Southwest, according to Tax Foundation data.
Mississippi has the most filers with no income tax liability. It has voted Republican in every presidential election since 1980. When Obama was on the ballot there in 2008, he only got 43 percent of the popular vote. Yet 45 percent of Mississippi tax filers pay nothing. That tidbit certainly rips a hole in Romney’s contention that Obama voters don’t pay income taxes — Republican voters appear to be skating as well, and obviously in far larger numbers than Romney suggests.
Our neighbors in Kentucky — who voted early 60 percent GOP over the past three presidential elections — are pretty good at not paying income taxes too. Fewer send checks to the IRS than in West Virginia. Alaska is the outlier — it votes Republican and just 21 percent of its filers don’t pay income taxes to Uncle Sam. You betcha, the vast majority of Alaskans do send money to the IRS. Perhaps they write their checks while looking at Russia from their porches.
If you are wondering about Ohio, the state had 5.56 million tax filers. Of that number, some 68 percent paid federal income taxes. We’re a swing state that backed Obama in 2008. Clearly, not all the payers were Republicans.
Here is a map with all the data:
The Tax Foundation, a group based in Washington, D.C. that calls itself a nonpartisan research group, produced its state-by-state ranking of non-filers in May 24, 2010. It has been available on the Internet for more than two years, which means it was available long before Romney said Obama’s supporters don’t pay taxes. This insight gets right to the heart of the matter:
“Nine of the 10 states with the largest percentage of non-payers are in the South and Southwest. In Mississippi, 45 percent of federal tax returns remit nothing or receive money with their federal tax returns; that is the highest percentage nationally. Georgia is next at 41 percent, followed by Arkansas at 41 percent, and Alabama, South Carolina and New Mexico at 40 percent. All of the top 10 ranking states have among the lowest median family incomes in the country.”
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.
Ohioans who tried to obtain health insurance through HealthCare.gov, the online portal for Obamacare’s marketplaces, on its opening day likely ran into a few problems, ranging from delays to problems logging in.
Before logging in, participants typically go through a waiting period that can last up to a few minutes. During this time, a large message pops up that says, “Health Insurance Marketplace: Please wait. We have a lot of visitors on our site right now and we're working to make your experience here better. Please wait here until we send you to the login page. Thanks for your patience!”
Following the waiting period, logging in can become its own challenge. After entering a username and password, the screen often flashes a “Downstream Error,” occasionally joined with the incomprehensible code “E501.”
Even if someone manages to get through the issues and log in,
another error message can pop up that makes browsing insurance plans impossible.
The problems aren’t necessarily unexpected — new software often launches with glitches that are later patched up — and the U.S. Department of Health and Human Services (HHS) is asking participants to be patient.
“We’re building a complicated piece of technology, and hopefully you’ll give us the same slack you give Apple,” HHS Secretary Kathleen Sebelius told reporters at a Sept. 30 briefing.
Federal officials also caution that Oct. 1 is just one day of the six-month enrollment period, which will last through March. And even if someone did manage to sign up on the first day, none of the insurance plans begin coverage until Jan. 1.
Once the marketplaces do work correctly, officials promise that they will allow Cincinnatians to browse, compare and select from 46 different private insurance plans that range from a “bronze” plan that costs and covers the least to a “platinum” plan that costs and covers the most.
The plans’ raw premiums are also 16 percent lower than the federal government previously projected, according to the latest Congressional Budget Office numbers. An Ohio 27-year-old making $25,000 a year will be able to buy a “silver,” or middle-of-the-pack, plan for as low as $145 a month after tax credits, while an Ohio family of four making $50,000 a year will be able to pay $282 a month for a similar plan. Without the tax credits, the individual will pay $212 a month and the family of four will pay $768 a month.
Participants must make between 100 percent and 400 percent of the federal poverty level a year, or $11,490 to $45,960 in annual income for an individual, to be eligible for tax credits. Higher income levels will get smaller subsidies; lower income levels will get larger subsidies.
Anyone interested in the marketplaces can browse options and sign up online at HealthCare.gov, by phone at 800-318-2596 or in person at various locations, including community health centers and the Freestore Foodbank.
Updated: Added more details about tax subsidies in Ohio’s marketplaces.