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.
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.
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.
People for the Ethical Treatment of Animals (PETA) took to downtown streets today to distribute "cruelty-free shopping guides." The pocket-sized pamphlets list more than 950 companies that have completed a statement of assurance saying they don't do product testing on animals.
(** UPDATE FOLLOWS AT BOTTOM.)
Mark Miller isn't a subtle guy.
Miller, treasurer of the Coalition Opposed to Additional Spending and Taxes (COAST), recently apologized publicly after using the anniversary of the Sept. 11 terrorist attacks to tweet a comment comparing the attacks to a political battle about the planned Cincinnati streetcar system.
Now Miller has posted an altered photograph on his Facebook page that some people believe is racist. The photo depicts a streetcar filled with young African-American males brandishing weapons. The streetcar has a sign that reads, “Banks & Freedom Center Only.”
Have something to say that’s more significant about what’s going on in the world than where to find the cheapest beer or what the woman next to you is wearing? Then put those thoughts down on paper and submit them to the 2009 annual Book of Poems and Drawings on Peace and Justice.
The first step is a call for poets to focus on the themes of peace and justice. Here are the pesky details:
* Poet may submit up to three poems.
* All submissions will be considered. The editors will be looking for quality, inclusiveness, and appropriateness to the themes of peace and justice.
* If space becomes limited, priority will be given to poets not published in previous books. (This is the sixth annual book.)
* Poems selected will be illustrated in black and white by Greater Cincinnati artists (one drawing per poet).
* Poems and illustrations will be printed in For a Better World 2009 slated for publication in May 2009.
Send submissions as “Word” attachments (or in full text) by e-mail or by U.S. mail (on a CD) to:
Saad Ghosn: firstname.lastname@example.org or 216 Erkenbrecher Ave., Cincinnati, OH 45229
Submission deadline: Feb. 25, 2009
The book will be launched and available for sale at “SOS ART” and “poets included in book will be invited to read their poems at SOS ART,” according to publisher and event organizer Saad Ghosn.
Republicans made a lot of fuss about Barack Obama’s associations during last year’s presidential campaign. Now that same standard might come back to haunt them.
Because Obama attended church where the Rev. Jeremiah Wright preached, the GOP told us it must mean that Obama shared all of Wright’s incendiary beliefs about the 9/11 terrorist attacks and the origin of the AIDS virus. Because Obama lived near ex-‘60s radical William Ayers and attended some of the same events, they breathlessly added that it must mean Obama approves of blowing up public buildings.
What, then, does that say about Rob Portman, the former GOP congressman who is the odds-on favorite to run for George Voinovich’s seat in the U.S. Senate in 2010?
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.”