Similar to the lead character in The Music Man, who decried the evils of pool tables in River City, Ohio Governor Strickland has signed legislation outlawing gambling machines that allegedly require skill and pay out prizes or cash over $10.00. Click here to read HB 117, and click here to read the Governor's Press Release. (As an aside, Youtube.com provides video clips of some of the most memorable songs from The Music Man.)
In a 13 page opinion, a Franklin County Court of Common Pleas Judge ruled that the Ohio Department of Health did not have the authority to exempt private clubs from the smoking ban. A group of bar and restaurant owners wanted the exemption stopped because it gives private clubs an unfair advantage. The judge found that an exemption for private clubs would violate the intent of the ban to protect employees from second hand smoke. The judge's opinion stated that there was never actually a private club exemption in the SmokeFree Act, just an apparition of one. See Judge Rules No Smoking in Private Clubs by Julie Carr Smyth, Associated Press, via Ohio News Now, May 17, 2007.
The case is: Ohio Licensed Beverage Assn. v. Ohio Dept. Health, Franklin County Common Pleas Case No. 07-CV-005103. The docket can be viewed at Franklin County Case Information Online.
See our prior post: Private Clubs Must Temporarily Enforce Smoking Ban
Posted by Sue Altmeyer
The official text of amendments to Cleveland Codified Ordinance 605.14, which imposes stricter curfews on minors can be viewed in The City Record, May 2, 2007 at page 746, page 34 of the pdf document. The official text of new Cleveland Codified Ordinance Nos. 623.101 and 623.102 which restricts spraypaint sales to minors can also be viewed in The City Record, May 2, 2007 at page 746, page 34 of the pdf document. For more details, see our prior post: Cleveland Passes Stricter Curfews, Bans Spray Paint Sales to Minors.
A Franklin County judge granted a temporary restraining order that prohibits local health departments from allowing a smoking ban exemption for private clubs. A group of bar and restaurant owners sought the injunction against the Ohio Department of Health, claiming the exemption put them at a disadvantage when competing for customers and exceeded the law approved by voters. See Private Clubs Forced to Wait on Exemption by Paul Kostyu, The Times-Reporter, May 1, 2007; Judge Blocks Smoking-Ban Exemption for Private Clubs by Kevin Mayhood and James Nash, Columbus Dispatch, Apr. 30, 2007. The case is Ohio Licensed Beverage Assn. v. Ohio Dept. Health, Franklin County Common Pleas Case No. 07-CV-005103. The docket can be viewed at Franklin County Case Information Online.
See our prior post: Lawsuits Filed to Stop Smoking Ban.
Business owners can see if a citizen complaint was filed against them for violation of the smoking ban, during the period of Dec. 7, 2006 and Apr. 24, 2007 by visiting Cincinnati.com Smoking Complaints Datacenter. The smoking ban was officially in effect as of Dec. 7, 2006, but not being enforced due to lack of regulations. The Department of Health says that these complaints will not count against businesses once enforcement begins.
Two groups representing bar and restaurant owners have filed suit to try and stop the Ohio smoking ban regulations from going into effect. The Buckeye Liquor Permit Holders Association and the Ohio Licensed Beverage Associations filed actions in Hamilton and Franklin County common pleas courts respectively. These organizations claim that the exemption for private clubs violates their equal protection rights. The Cincinnati lawsuit also alleges that the smoking ban violates bar and restaurant owners' right to use their property as they see fit. See Ohio's Smoke-Free Law Update by Chuck Kallendorf, Cincinnati Law Library Blog, Apr. 26, 2007, citing 2 Court Actions Filed to Bar Ban on Smoking from Taking Effect, by Toledo Blade, Apr. 14, 2007. The Cincinnati Law Library Blog article contains links to the docket in each case.
Cleveland City Council voted for stricter curfews for minors. According to a Sun News article,
"Currently, the nightly curfew for children is darkness to dawn for ages 12 years and younger, 11 p.m. to 5 a.m. for children 13 to 16 years old, and midnight to 5 a.m. for 17-year-olds.
The biggest change will be for 13- and 14-year-olds, who will have to remain indoors from 9:30 p.m. to 6 a.m. The curfew is 11 p.m. to 6 a.m. for 15- and 16-year-olds; and midnight to 6 a.m. for 17-year-olds. Police can cite parents and legal guardians with a minor misdemeanor, punishable by a $100 fine."
Curfew Law Could Help Provide Quiet by Ken Prendergast, West Side Sun News, Apr. 26, 2007. There are some exceptions to the law, including when the minor is accompanied by a parent or guardian, when the child is en route from a job or when the parent has initiated juvenile court proceedings against the minor. See City Record, April 25, 2007 at page 685, page 13 of the pdf document. The official text of amended Cleveland Codified Ordinance 605.14 has not yet appeared in the City Record, but will be posted on this blog when it does so appear.
City Council also passed new ordinances 623.101 and 623.103, which prohibit the sale of spray paint to minors. See City Record, April 25, 2007 at page 685, page 13 of the pdf document. The official text of these new Cleveland Codified Ordinances has not yet appeared in the City Record, but will be posted on this blog when they appear.
The American Cancer Society sued to eliminate regulations which allow smoking in private clubs. The Cancer Society urges that allowing smoking in private clubs goes against voter's wishes and against the language of the Constitutional amendment the voters enacted. Opponents say that the ballot language indicated there would be an exemption for private clubs. The case is American Cancer Society v. Ohio Dept. of Health, filed 4/18/2007, Franklin County Common Pleas Case No. 07 CV 005306. The docket can be viewed at the Franklin County Case Search.
Sources: Cancer Society Sues, Challenges Smoking in Private Clubs by Harlan Spector, The Plain Dealer, Apr. 19, 2007; Suit Challenges Smoking Exemption by Dan Horn, Cincinnati Enquirer, Apr. 19, 2007.
The Joint Committee on Agency Rule Review approved the smoking ban regulations, Revised Draft Rules, proposed by the Ohio Department of Health. The regulations can also be viewed at the Register of Ohio. They are regulation numbers 3701-52-01 to -09. Source: Ohio's Smoking Ban and Put 'em Out May 3 or Pay by Reginald Fields, The Plain Dealer, Apr. 17, 2007.
See our prior posts: Revised Proposed Smoking Regulations Issued; VFW Smoking OK; Formal Process for Adoption of Smoking Ban Regs Begins.
The Ohio Department of Health has issued Revised Draft Rules for the smoking ban. The new rules allow smoking in nonprofit private clubs if the help and the patrons are club members. The revision also clarifies that an anonymous complaint alone can not be the basis of a violation. "JCARR is expected to consider the rules at its April 16 meeting. Enforcement could begin as early as 10 days after JCARR’s 30-day jurisdiction ends." See Ohio Department of Health Home Page. Also see: Ohio VFW Wins One in the Smoking Wars by Mark Rollenhagen, The Plain Dealer, Mar. 22,2007.
