Cleveland Law Library Weblog

Cleveland's Taxicab Rules and Regulations

Cleveland's new Taxicab Rules and Regulations can be found in the City Record for December 27, 2006, at page 3441, page 7 of the pdf document.  The enacted version of the Cleveland ordinances creating the taxicab passengers' bill of rights is located at page 3445 of this document (page 11 of the pdf document).  This ordinance creates new Cleveland Codified Ordinances 443.37 and 443.38.  See our prior post:  Cleveland's Cab Passengers' Bill of Rights.

Cleveland's Cab Passengers' Bill of Rights

The City of Cleveland has created new Cleveland Codified Ordinance No. 443.37, the taxicab rider's bill of rights.  The taxicab passenger bill of rights must be posted in every cab, and include a phone number to file complaints.  Cab riders have the right to direct the route, to a clean cab in good mechanical condition, to a driver that speaks and understands English and knows the roads, and to a complaint procedure.  New C.C.O. 443.38 provides that the Commissioner of Assessments and Licenses shall assess fines against cab drivers and cab companies for violations of the Rules and Regulations contained in the City Record.  C.C.O. 443.07, concerning liability agreements with the City in lieu of surety bonds was repealed.  C.C.O.  443.03, 443.06 and 443.26(fare rates) were amended.  See City Record, Dec. 20, 2006, at page 2395, page 33 of the pdf document.

Judge Rules Tic Tac Fruit is Game of Chance

The Franklin County Common Pleas Court ruled that Tic Tac Fruit is a game of chance, and is prohibited by Ohio's gambling laws.  Forthcoming versions of the game might rely more on the skill of the player.  See Judge Says Barroom Video Games by Julie Carr Smyth, Associated Press, Akron Beacon Journal, Dec. 20, 2006.  See our prior post:  AG Opinion Says Tic Tac Fruit is Game of Chance. 

Proposed Smoking Ban Regulations

The Ohio Department of Health has issued proposed regulations to implement the smoking ban.  Comments on the regs can be submitted through Jan. 20, 2007.  For information on submitting comments, go to Ohio Dept of Health web page.  Source:  Patrons Complain Smoking Ban Ignored by Harlan Spector, The Plain Dealer, Dec. 21, 2006.

Health Dept. Agrees to Suspend Enforcement of Smoking Ban For Now

The Ohio Department of Health agreed with the Buckeye Liquor Permit Holders Assoc. to suspend enforcement of the smoking ban until regulations are in place, in exchange for the Association dropping their lawsuit for now.  The association filed a lawsuit in the Hamilton County Common Pleas Court asserting that enforcement of the ban with no rules or penalties in place was unconstitutional.  The Department of Health will not impose fines or issue warning letters until the regs are written.  It is projected the regs will be ready in May, 2007.  State Agrees not to Issue Fines until Smoking-Ban Rules are Set by Lisa Cornwell, Associated Press, The Plain Dealer, Dec. 8, 2006.  A similar consent decree was reached in a Franklin County lawsuit.  In response to reports of violations on the smoking hotline, the Ohio Department of Health will issue "educational" letters to businesses. Smoking Ban Put on Hold by Bill Bush and Matt Tullis, Columbus Dispatch, Dec. 8, 2006.  The docket of the Cincinnati case, BUCKEYE LIQUOR PERMIT HOLDERS vs. OHIO DEPARTMENT OF HEALTH, Case No. A-0610614, can be viewed at the Hamilton County Clerk of Courts website.  A copy of the complaint is accessible via the Cincinnati Law Library Blog.

Lawsuit Says Current Enforcement of Smoking Ban is Unconstitutional

The Buckeye Liquor Permit Holders Association of southwest Ohio has sued the State, claiming that smoking ban can not be enforced tonight at midnight because the regulations for enforcement are still unwritten.  The Department of Health has until June to write regulations concerning enforcement and penalties.  The current statute establishes a range of penalties, but the Department of Health needs to decide on specific penalties for violation.  "The liquor permit holders say that's unconstitutional to enact a law without the necessary means to try and enforce it."  Legal Challenge To Ohio Smoking Ban Filed by Tom McKee, WCPO.com, Dec. 6, 2006.  Also see: Lawsuit Filed to Stop Smoking Ban.

The Health Department says that the toll-free number for reporting violations will be up and running on Thursday, December 7.  "In the meantime, the Ohio Department of Health will warn businesses by letter or telephone when the state receives complaints, a spokesman said Tuesday." Who You Gonna Call? Smokebuster Line Opening , The Plain Dealer, Dec. 6, 2006. 

As an aside, the smoking ban applies to truckers smoking in their trucks, unless the truck is family owned and only family members drive the truck.  The law does not apply to out of state truckers. The Ohio Trucking Association plans to ask the General Assembly to amend the law to allow smoking by truckers. See  Smokey to Ticket Smoking Truckers? by Harlan Spector, The Plain Dealer, Dec. 6, 2006. 

See our prior posts:  More Commentary on Smoking Ban and Ohio Passes Smoking Ban.

More Commentary on Smoking Ban

Professor David Forte points out that the smoking ban places restrictions on smoking on outdoor patios, in private clubs and tobacco stores, making the ban more restrictive than most voters probably realized.  See Professor Forte Speaks Out on Smoke-Free Legislation Election Results by Jan Novak, Cleveland Marshall Law Library Blog, Nov. 17, 2006. 

Bricker and Eckler offers this informative article: Ohio SmokeFree Workplace Act: What Businesses Need to Know, Nov. 2006.  The article points out that smoking must be banned in company owned vehicles and employee smoking lounges are no longer allowed.

Ohio Passes Smoking Ban

Ohioans voted to enact a ban on smoking in public places and places of employment.  There are exceptions, including exceptions for  private clubs (if the club has no employees), private homes, and family owned and operated businesses where all employees are relatives and the employment area is not open to the public.  Issue 5  will enact Ohio Revised Code Chapter 3794. 

The Ohio Department of Health is to establish fines for violations.  Fines for business owners must be not less than $100 but not more than $2,500.  Each day will constitute a separate violation.  The schedule of fines will be progressive, based on the number of past violations by the business.  A first offense will receive a warning and no fines. Businesses must also post no smoking signs and remove ashtrays. The text of Issue 5 including ORC Ch. 3794 see  Issue 5: Proposed Law on the League of Women Voters web page.  Sources:  Sweeping Prohibition on Smoking is Adopted by Harlan Spector, The Plain Dealer, Nov. 8, 2006. Constitutional Amendments for 2006 , 11/6/06, on the Ohio Legal Research Blog. 

The law will become effective in thirty days.  See Ohio Constitution, Article 2, Section 1(b); When Are Ballot Initiatives Effective?, Cincinnati Law Library Blog, Nov. 8. 2006.   The enforcement date is yet to be decided.  The Department of Health must first establish rules for enforcement.  See Voters Send a Message: No Ifs, Ands or Butts in Ohio by Harlan Spector, The Plain Dealer, Nov. 9, 2006. 

Cleveland Considers Banning Spray Paint Sales to Minors

Cleveland City Council is considering a proposed ordinance which will ban spray paint sales to minors, making it a criminal offense for both the minor and the seller.  Adults can not furnish a minor with aerosol paint, except for lawful activities supervised by a parent, teacher, guardian or employer.  Possession by a minor is also illegal, unless one of these exceptions apply.  New sections 623.101 and 623.102 would be created.  See City Record for October 4, 2006, at page 1795, page 15 of the pdf document. 

New Junk Fax Rules Now in Effect

New FCC rules on junk faxing go into effect today.  Unsolicited advertising can be sent via fax only if there is an established business relationship.  The sender must provide opt out information. TVC Alert, Aug.1, 2006, citing,   FCC Report and Order, April 6, 2006, containing the new junk fax regulations.  Also see:  Fax Advertising: What You Need to Know on the FCC webpage.