Sheri

Smoking

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

While many bars have been cited since 2006, not a single patron has. Allen also alleges that the city's enforcement of the ban is unequal and unfair. According to the law, patrons who are first-time offenders are to receive a warning letter, and all subsequent violations are capped at $100. For the owners of the establishment, however, first-time offenses warrant a $1,000 violation, and continue to increase until the fines reach a staggering $2,500. Thompson argues that this puts citing the bar, rather than the patron(s), in the prurient interests of the Health Department. "They're going for the deep pocket," said Thompson. "They know it's easier to collect from the business." Ban under fire As recently as October 16, Allen's case received an unexpected boon in the form of a new and, for him, encouraging legal precedent. The Franklin County Court of Appeals overturned a citation for a Toledo bar, the Pour House, and ruled that as long as bar employees attempt to prevent customers from smoking, it was the patron who should be cited for violating the law. Thompson believes this decision is a major step in overturning the ban, especially if there are more instances of individuals being cited. Local bar, Zenos, is being sued by the state and fighting back. Photo: Patrick Mizenko "In one sense, we're just trying to get them to vigorously enforce the law the way it is written," said Thompson. "We think that if it comes to the point where the Health Department is actually going to cite patrons, then we have a chance of beating this smoking ban, because people would be really upset that it's being enforced." The Attorney General's office, representing the Health Department, intends to uphold the ban, as well as continue to push the lawsuit against Allen. "The loss has provided some clarity as to the burden of proof [in the ban]," stated a spokesperson from the office of Attorney General Richard Cordray. "We are discussing with our clients the next steps to take." Even if the burden on the business has been lessened, the vague order not to permit smoking is still a relevant issue. Zeno's has earned something of a reputation for turning a blind eye to smokers, and some of the college students and locals who frequent the bar feel that they have not been discouraged. "We aren't super obvious about it, but when it's busy and everyone is smoking, it doesn't seem like an issue," said one patron. The lack of ashtrays has not been much of a deterrent, as evidenced by the amount of plastic cups filled with cigarette butts throughout the bar. Allen denies allegations that his employees endorse smoking, and maintains that it is the responsibility of the city to oversee the ban's enforcement. "The other day we had a six-foot-six, 300-pound truck driver in here, and we told him he wasn't allowed to smoke and he says, 'I'll do whatever I damn please,'" said Allen. "So how am I supposed to enforce that?" Both he and Thompson seem optimistic about the trial, for which proceedings begin later this month. "We're forcing it to come to a head," says Thompson. "The law may not be overturned, but at least they've got to enforce it the proper way." http://614columbus .com/magazine/11-0 1-2009/burning-iss ue  (2 hrs ago | post #2528)

Smoking

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

Burning issue How much of the burden should fall on business owners when it comes to enforcing Ohio's smoking ban Since 2006, Ohio's statewide smoking ban has drastically changed the bar scene in Columbus, as well as the way many businesses operate - and, until recently, dissenters have found little wiggle-room in the legal system. Gone are the days of pairing a Lucky Strike with a single-malt scotch in a swank hotel bar, or even a Viceroy with a High Life at a seedy dive. Now, bars that allow smokers to light up indoors are hit with a sizable fine, and Ohio attorney general Richard Cordray has taken the fight to the court room, filing lawsuits against two Ohio bars deemed too permissive with their smoking policy. One is in Hamilton County; the other is Richard Allen's Zeno's, in the Victorian Village. The AG's office is demanding immediate payment of his collective $33,000 in fines, which would shut Zeno's down for good. But Allen, a long-time Columbus bar owner, is digging in. Armed with a property-rights advocacy lawyer and a significant recent judicial precedent, Allen is not backing down. Allen believes the smoking ban has put unnecessary pressure on him and his employees, and that the health department's enforcement has been harsh, unfair, and unconstitutional. "Right now, they just put all of the responsibility on the bar," he said in an interview. "They have not cited one person that they have caught smoking in here." Allen has been under fire from the Department of Health since March, when officials conducted their first of three raids on the bar due to complaints of smoking ban violations. He and his attorney, Maurice Thompson of the Buckeye Institute for Public Policy Solutions, a conservative think tank, recently filed a countersuit against the Department of Health, alleging that the amendment is not only unenforceably vague, it is also unconstitutional. "The law states you've got to post 'No Smoking' signs, you've got to pull your ashtrays, and you've got to ask people not to smoke," said Thompson in an interview conducted at Allen's bar. "That's all it says." The law does, in fact, list the legal responsibilities of business owners, which include posting state-approved signs, eliminating ashtrays, and refusing to "permit smoking". The law also states that business owners must "ensure that tobacco smoke does not enter any area in which smoking is prohibited." Arguably, the legal definition of "permitting smoking" is open to interpretation, and does not explicitly require the bar to enforce, but only prohibit. Thompson believes that a refusal to permit smoking could be as simple as posting signs, asking a patron not to smoke, or making announcements over the bar's loudspeaker. However, the health department has not considered this a reasonable step in complying with the law, although they provide no training or direction in how best to go about prohibiting smoking. "They're not even asking if the patron was told not to smoke," said Thompson. "The reason that provision is there is so that, if the proprietor takes some steps to try to enforce the law, he doesn't get cited. The health department is ignoring that and citing them anyway." The law does provide for penalties against smokers, but it is difficult to execute, especially since it is a civil offense, not criminal. Police do not respond to calls reporting smoking ban violations; rather it is the duty of the health department.  (2 hrs ago | post #2527)

Smoking

Vaccine breaks out of the pack

I guess the antis are used to changing words in the quotes they use...pretty pathetic.  (3 hrs ago | post #29)

Smoking

Vaccine breaks out of the pack

YOU need to be strapped down and placed in isolation.  (3 hrs ago | post #28)

Smoking

Vaccine breaks out of the pack

Sure name three people killed by shs. You must be certain that NOTHING else could have killed them, not a pre-existing condition, not genetics, not radon, not asthma, nothing other than shs as the cause of their deaths. It should be easy for you since you people claim anywhere from 3,000-53,000+ die every single year of shs. So, over the last 20 years that would be up to 1.6 MILLION dead people with nothing other than shs that led to their deaths. NAME THREE...should be easy. Be sure to include their medical charts free of any other conditions. NAME THREE  (3 hrs ago | post #27)

Smoking

Vaccine breaks out of the pack

Yes, yes I would,  (7 hrs ago | post #19)

Smoking

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

If bar owners allowed guns and people shooting each other, there would be dead bodies to show why that should not happen. There are no shs bodies.  (7 hrs ago | post #2467)

Smoking

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

I live in a little town just outside the city. In my town, there are 8 restaurant/bars. Five allow smoking, and three do not allow it.  (7 hrs ago | post #2464)

Smoking

teacher uses dip in classroom

What will you personally gain from reporting him? How many other parents are with you on this? I say that because you will cause issues for yourself and your daughter, but if it is worth it; then go for it. If there are a group of parents equally disturbed, then the fallout might not be so bad. My guess is though that the school board and all administrators already know, so you are not revealing any secrets. I have been a teacher for nearly 40 years, and I can tell you that there is a kind of mini society within every major high school. If you think you will gain something important by forcing this issue, then go forward. At the same time, prepare for major fallout.  (7 hrs ago | post #15)

Smoking

teacher uses dip in classroom

If you don't have the guts to report him and leave your name, then you are not very confident on your stand. The teacher should not be dipping in class, but make sure you know that is actually true before you report him. Kids often like to make up things about their teachers. Some have even reported teachers as sexual molesters to get back at them for something. Even though teachers have been cleared of all charges, their lives were ruined. So, make sure your charges are accurate, and don't forget to leave your name at the beep so you won't appear cowardly.  (9 hrs ago | post #12)

Smoking

Smoking-ban foes cite new evidence of fraud | The Columbus Disp...

Those are hilarious. I may have to try a couple.  (11 hrs ago | post #1361)

Smoking

Vaccine breaks out of the pack

If someone I know wants to quit or cut back on smoking, I suggest the e cigarette. You can use it with or without nicotine, and it beats the hell out of experimental drugs like Chantix or vaccines.  (11 hrs ago | post #11)

Smoking

Vaccine breaks out of the pack

Yeah, right. You take it and get back to us.  (11 hrs ago | post #7)

Smoking

Vaccine breaks out of the pack

In your zest for people to take this drug, you did not read. . "Chantix binds to nicotine receptors and blocks them so that nicotine can no longer activate those receptors (an effect that pharmacologists sometimes call an “antagonist” effect). This means that when someone is trying to quit and they lapse and smoke a cigarette, they probably won’t get much satisfaction from smoking it, and will be less likely to smoke another." http://www.healthl ine.com/blogs/smok ing_cessation/2007 /04/chantix-how-do es-this-new-quit-s moking.html "the vaccine induces the smoker's body to form antibodies to the nicotine which bind with the drug so that it cannot be readily used by his body. In effect, by denying the smoker the drug-type stimulus he previously got from inhaling nicotine, it is designed to dampen his desire to continue smoking." That one is from your buddy, John Banzasss from ASH cause I know you like him. So, Candid, master pharmacist, please tell me how those two drugs work differently because from where I sit they are the same. I would guess a vaccination would be a stronger version. As for the trials, Chantix passed them too. It got into problems once real people started dropping from its usage. I know you believe in studies more than people, but some of us do not.  (11 hrs ago | post #5)

Smoking

Vaccine breaks out of the pack

Hopefully, this company tested the drug on more population samples than Pfizer did for Chantix. Since it, like Chantix, blocks the pleasure zone in the brain, this sounds utterly terrifying. Although I am sure that the drug company is very anxious to "make as much as $500 million from the deal with GSK if the company meets a number of developmental and marketing milestones in the coming years," what is the cost to smokers and their families? That figure doesn't include royalties the company would earn if the product makes it to market. Will this drug, like Chantix, lead to suicide ideation, suicide, psychotic breakdowns, and multitudes of other physical and emotional problems? Seriously, folks, playing with pleasure zones in the brain and giving people chemical lobotomies simply to satisfy the drug companies' addictive thirst for untold wealth is a very risky business.  (16 hrs ago | post #1)