Court: Smokers at fault, not bars | The Columbus Dispatch

Bar owners who try to keep their customers from smoking can't be penalized under the state's anti-smoking law just because a patron disobeys, an appeals court ruled yesterday.

[Bob]

How many millions are Ohio in debt ? At least you have enough money to employ the smoking police.

[joyousonex]

Finally some sanity. It usually takes the courts to slow down the crazy legislators who write crazy laws. I think it is time to allow for "smoking bars" for smokers only. Maybe they need to be private clubs, I don't know. But some allowance needs to be made for drinkers who like to smoke.

[truth]

joyousonex wrote:

Finally some sanity. It usually takes the courts to slow down the crazy legislators who write crazy laws. I think it is time to allow for "smoking bars" for smokers only. Maybe they need to be private clubs, I don't know. But some allowance needs to be made for drinkers who like to smoke.

Remember the top of the ballot that stated Private Clubs were exempt but at the bottom of the ballot said if you had paid employees then you weren't. These places are private and not wide open to the public. Seems like common sense and freedom of choice have been thrown out the door. The business owners are the ones who should say if they are smoking or non-smoking.It's their investment not the voters. This law went too far overriding private business owner choices.

[Cincy Steve]

Fantastic, common sense from the Franklin County Court of Appeals......

[u cannot own me]

truth wrote:

<quoted text>Remember the top of the ballot that stated Private Clubs were exempt but at the bottom of the ballot said if you had paid employees then you weren't. These places are private and not wide open to the public. Seems like common sense and freedom of choice have been thrown out the door. The business owners are the ones who should say if they are smoking or non-smoking.It's their investment not the voters. This law went too far overriding private business owner choices.

the ballot also said family owned and operated businesses would be exempt also. This is great news, its time for smoke free Ohio to hang it up and leave the owners alone

[u cannot own me]

Cincy Steve wrote:

Fantastic, common sense from the Franklin County Court of Appeals......

May I add an AMEN!!

[Reader]

truth wrote:

<quoted text>Remember the top of the ballot that stated Private Clubs were exempt but at the bottom of the ballot said if you had paid employees then you weren't.

That's because if you have paid employees it becomes a workplace issue.

[Confederate1989]

CAN WE SAY...PASS OUT THE CUPS WITH WATER or bring your own ashtray...........everywhere in ohio is now a smoke easy.......hooorayyyyyyy

[Confederate1989]

Wheres maze at....I demasculated him on the other thread........poor boy is probably having his scrotum reatached.

[u cannot own me]

Reader wrote:

<quoted text>
That's because if you have paid employees it becomes a workplace issue.

they are *privately owned* businesses and clubs

[Personal Responsibility]

In a truly free society, there would be bars that are smoke-free; while down the street other bars would allow smoking. People can choose which establishments they want to patronize. As long as we allow others to dictate how we live our lives and run our businesses, we will never be truly free.

[u cannot own me]

Cincy Steve wrote:

Fantastic, common sense from the Franklin County Court of Appeals......

Cincy Steve, just think, smoking is not a violation of the law per the ODH does add an interesting ingredient to the judges ruling don't you think?

[marb]

There shouldn't even be a law that is being broken! This is private property, not the public's. Smoking bans are desperation to once again exert control over something, anything, by the government and it's minions. Looks like little kids playing adult. Get rid of the nannied people trying to act like adults in government!

[Phooey]

Personal Responsibility wrote:

In a truly free society, there would be bars that are smoke-free; while down the street other bars would allow smoking. People can choose which establishments they want to patronize. As long as we allow others to dictate how we live our lives and run our businesses, we will never be truly free.

That would never work because the non-smoking bar would realize their place is lame and more fun and excitement is happening at the smokers bar so they would try to take over put out the flame...literally speaking. Those non-smokers and health freaks ruin our fun every chance they get.

[smokedbacon]

truth wrote:

<quoted text>Remember the top of the ballot that stated Private Clubs were exempt but at the bottom of the ballot said if you had paid employees then you weren't. These places are private and not wide open to the public. Seems like common sense and freedom of choice have been thrown out the door. The business owners are the ones who should say if they are smoking or non-smoking.It's their investment not the voters. This law went too far overriding private business owner choices.

Here is the Official Ballot Language http://www.sos.state.oh.us/SOS/Text.aspx... no where does it say a thing about employees the employees was written into the law which is not attached to the ballot. The end result was a bait and switch, amazing the attorney for the American Cancer Society was present with the Ohio Ballot Committee when the language was adapted! Source Ohio Ballot Board meeting minutes by public records request! Can be found at ohio smokers rights group in yahoo in the files section

[smokedbacon]

If I recall correctly Ohio is complying with the smoking ban, it is loved , it is respected, overwhelmingly accepted! Hmm if that being the case could not health inspectors simply have friends lite up in a bar to justify their jobs with them being present? Amazingly no one in Ohio has been ticketed for smoking in a bar!

[u cannot own me]

smokedbacon wrote:

Amazingly no one in Ohio has been ticketed for smoking in a bar!

smoking is not a violation lol

[Sheri]

So, if smoking is not a violation and bar owners are not responsible for enforcing the ban, then what is the smoking ban in Ohio?

[Sheri]

u cannot own me wrote:

<quoted text> smoking is not a violation lol

Can you send that ODH response to your question about smoking as a violation to my email address?

[Get real]

The smoking ban is unconstitutional anyway. My property, my right. If you want to come to my property and enjoy the beverages I serve, so be it. If you don't like the smoke, you can leave. As a bar owner, the owner is not even allowed to smoke on their own property - that's a restriction of his/her liberties. This law should not exist.