Zeno's bar will argue smoking-ban cas...

Zeno's bar will argue smoking-ban case before high court

There are 3442 comments on the The Columbus Dispatch story from Sep 2, 2011, titled Zeno's bar will argue smoking-ban case before high court. In it, The Columbus Dispatch reports that:

The Ohio Supreme Court will hit the road to hear one of its biggest cases of the year - a challenge of Ohio's indoor smoking ban.

Join the discussion below, or Read more at The Columbus Dispatch.

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“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#1 Sep 2, 2011
Its Zeno's property and anyone can stay out if they don't agree with the owner
CLINTONVILLE RESIDENT

Columbus, OH

#2 Sep 2, 2011
Fining the owner of an establishment for the actions of their patrons makes no sense. What is next? I have to pay a fine if someone parks in the handicapped space in front of my store?
Stevie Wonder

Valley City, OH

#3 Sep 2, 2011
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
CLINTONVILLE RESIDENT

Columbus, OH

#4 Sep 2, 2011
Stevie Wonder wrote:
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
The problem is that all of those are criminal offenses. Smoking is not (to date). Not one location has had their liquor license threatened and in fact there is no money to enforce the current law as it is written. Those locations that have lost their liquor licenses for the above offenses were not closed due to drugs, etc but rather as Nuisance Violations, which again, smoking does not qualify as a Nuisance.

What you have is the patrons ignoring the law and a third party paying the price. It is the same as if your neighbor has trash strewn in his yard and you get the fine because you did not enfore the city codes!
SSDD

Grundy, VA

#5 Sep 2, 2011
Stevie Wonder wrote:
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
All these things are illegal in their parking lot too (their property) but smoking isn't.
Solution to what? You're inability to stay away by your own free will..
Stevie Wonder

Valley City, OH

#7 Sep 2, 2011
If your neighbor throws trash in your yard, you are responsible to clean it up.
Thats right, you can smoke in the parking lot, we are talking about smoking indoors.
CLINTONVILLE RESIDENT

Columbus, OH

#8 Sep 2, 2011
Stevie Wonder wrote:
If your neighbor throws trash in your yard, you are responsible to clean it up.
Thats right, you can smoke in the parking lot, we are talking about smoking indoors.
Littering is a fine that is assessed against the person who is littering. Again you are reaching for straws.

“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#9 Sep 2, 2011
Stevie Wonder wrote:
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
Remember this, its their property and not their ban and its against the law ot force humans to work without compensation..its called forced involuntary servitude

“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#10 Sep 2, 2011
Stevie Wonder wrote:
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
the court could make the state pay back the fines to the owners out of your pocket..that would be great as you are the problem

Since: Dec 10

Location hidden

#11 Sep 2, 2011
Its me Linda B wrote:
Its Zeno's property and anyone can stay out if they don't agree with the owner
But that's not the way the law works in Ohio and 26 other states. Too bad you're having such a hard time adjusting.

It's not the owner's choice on smoking indoors. That's the law. Come out of your denial.

Since: Dec 10

Location hidden

#12 Sep 2, 2011
Its me Linda B wrote:
<quoted text>the court could make the state pay back the fines to the owners out of your pocket..that would be great as you are the problem
Twenty seven states with similar laws.

ZERO successful court challenges.

ZERO.
CLINTONVILLE RESIDENT

Columbus, OH

#13 Sep 2, 2011
dpx55 wrote:
<quoted text>
But that's not the way the law works in Ohio and 26 other states. Too bad you're having such a hard time adjusting.
It's not the owner's choice on smoking indoors. That's the law. Come out of your denial.
“Non-cooperation with evil is a sacred duty”. Mahatma Gandhi
bob the better builder

Defiance, OH

#14 Sep 2, 2011
Go Dick Allen, fight the good fight!

“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#15 Sep 2, 2011
bob the better builder wrote:
Go Dick Allen, fight the good fight!
Be there at 8:30,

Time
Wednesday, October 19 · 8:30am - 11:30am
Location
Highland County Court House
105 North High Street
Hillsboro, Ohio

“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#16 Sep 2, 2011
According to the dispatch, this will be the first statewide challenge in a supreme court. The Ohio supreme court has a good track record for upholding property rights

“POOR BRAINWASHED ANTISMOKER”

Since: Feb 10

Location hidden

#17 Sep 2, 2011
dpx55 wrote:
<quoted text>
Twenty seven states with similar laws.
ZERO successful court challenges.
ZERO.
this is a sovereign state, not 27 states

Kosmik

Since: Sep 10

Columbus, OH

#18 Sep 2, 2011
Stevie Wonder wrote:
They are getting fined for permitting it and/or ignoring it on their property. The same as if they permit or turn a blind eye to gambling, prostitution, drug dealing/drug use/drug cultivation, under age drinking, having stolen property etc... If they are not part of the solution, then they are part of the problem and will pay the price, and perhaps that price will a revocation of their prized liquor license. Then the party is really over for them.
If they are indeed responsible for preventing smoking in their establishment then the health dept. needs to slip them some cash for doing their job. The same as with gambling, prostitution, drugs etc... if it happens on their property and they are unaware they should not be held liable. If they are then they should receive a stipend from the police for doing part of their job.

If it can be proven that something illegal occurred and they knew about it, condoned or facilitated it then yes they should face consequences. But to put the onus of 'prevention' on them or by expecting them to enforce public laws then they need to be paid for doing law enforcement's job.

Since: Dec 10

Location hidden

#19 Sep 2, 2011
Its me Linda B wrote:
<quoted text> Remember this, its their property and not their ban and its against the law ot force humans to work without compensation..its called forced involuntary servitude
you're lying again linda.

Involuntary servitude requires that one party work against their will due to force, threats, intimidation or other similar means of coercion and compulsion for the benefit of another. That is clearly not the case here.

you've beed told this before. Stop posting misinformation in a feeble attempt to advance your cause. It just makes you look desperate.

Since: Dec 10

Location hidden

#20 Sep 2, 2011
Its me Linda B wrote:
<quoted text> this is a sovereign state, not 27 states
Ohio will, as all state courts do, look at the precedents from those other unsuccessful challenges and rule similarly. Don't let that door hit you on the way out to the dumpster.

“Pay Attention”

Since: Dec 06

Cincinnati

#21 Sep 2, 2011
dpx55 wrote:
<quoted text>
you're lying again linda.
Involuntary servitude requires that one party work against their will due to force, threats, intimidation or other similar means of coercion and compulsion for the benefit of another. That is clearly not the case here.
you've beed told this before. Stop posting misinformation in a feeble attempt to advance your cause. It just makes you look desperate.
No, she's not lying. It's her opinion, one shared by many. I do like your definition of involuntary servitude though, except for the last sentence. It's clearly the case here. The 'not' should be omitted.

No one 'knows' how the SCoO will rule, but it seems like you're
'Whistling past the graveyard'..

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