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OH: Smoking Ban Challenge Tossed

A group of bar and restaurant owners who argued in Hamilton County Common Pleas Court that Ohio’s smoking ban is unconstitutional lost their bid to overturn the law.

Hamilton County Common Pleas Judge Fred Nelson tossed out the lawsuit Friday, upholding the Smoke Free Workplace Act, which the state’s voters passed in November 2006.

The law makes it illegal to smoke in bars, restaurants and most other places of employment. Violators can be fined.

“Neither the Constitution of the United States nor the Ohio Constitution creates a fundamental right to smoke in public,” Nelson wrote. He pointed out the Ohio Supreme Court has determined the Ohio General Assembly has the authority to enact smoking laws.

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2 Comments

  1. Comments  Thomas laprade   |  Wednesday, 12 March 2008 at 12:43 am

    Smoking bans are the real threat to democracy

    The bandwagon of local smoking bans now steamrolling across the nation –
    from sea to sea- has nothing to do with protecting people from the supposed
    threat of “second-hand” smoke.

    Indeed, the bans themselves are symptoms of a far more grievous threat; a
    cancer that has been spreading for decades and has now metastasized
    throughout the body politic, spreading even to the tiniest organs of local
    government. This cancer is the only real hazard involved – the cancer of
    unlimited government power.

    The issue is not whether second-hand smoke is a real danger or a phantom
    menace, as a study published recently in the British Medical Journal
    indicates. The issue is: if it were harmful, what would be the proper
    reaction? Should anti-tobacco activists satisfy themselves with educating
    people about the potential danger and allowing them to make
    their own decisions, or should they seize the power of government and force
    people to make the “right” decision?

    Supporters of local tobacco bans have made their choice. Rather than
    attempting to protect people from an unwanted intrusion on their health, the
    tobacco bans are the unwanted intrusion.

    Loudly billed as measures that only affect “public places,” they have
    actually targeted private places: restaurants, bars, nightclubs, shops, and
    offices – places whose owners are free to set anti-smoking rules or whose
    customers are free to go elsewhere if they don’t like the smoke. Some local
    bans even harass smokers in places where their effect on others is obviously
    negligible, such as outdoor public parks.

    The decision to smoke, or to avoid “second-hand” smoke, is a question to be
    answered by each individual based on his own values and his own assessment
    of the risks. This is the same kind of decision free people make regarding
    every aspect of their lives: how much to spend or invest, whom to befriend
    or sleep with, whether to go to college or get a job, whether to get married
    or divorced, and so on.

    All of these decisions involve risks; some have demonstrably harmful
    consequences; most are controversial and invite disapproval from the
    neighbours. But the individual must be free to make these decisions. He must
    be free, because his life belongs to him, not to his neighbours, and only
    his
    own judgment can guide him through it.

    Yet when it comes to smoking, this freedom is under attack. Cigarette
    smokers are a numerical minority, practicing a habit considered annoying and
    unpleasant to the majority. So the majority has simply commandeered the
    power of government and used it to dictate their behaviour.

    That is why these bans are far more threatening than the prospect of
    inhaling a few stray whiffs of tobacco while waiting for a table at your
    favourite restaurant. The anti-tobacco crusaders point in exaggerated alarm
    at those wisps of smoke while they unleash the systematic and unlimited
    intrusion of government into our lives.

    We do not elect officials to control and manipulate our behaviour.

    Thomas Laprade
    480 Rupert St.
    Thunder Bay, Ont.

  2. Comments  Virgil Kleinhelter   |  Thursday, 13 March 2008 at 8:41 pm

    A U.S. Supreme court decision during the early 1970’s
    ((Lloyd Corp v. Tanner, 407 U.S. 551 (1992)) said a place of business
    does not become public property because the public is invited in.

    So, by that same reasoning. A restaurant or bar is not public property.
    We need to support small business and stop regulating them out of
    business.”
    Sounds to me like the Ohio Judges are just like Kentucky Judges. They ignore the decisions they don’t agree with.

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