Judge David E. Cain
Posted on 05/15/2007 5:35:05 PM PDT by GOP_Lady
Judge Extends Smoking Ban in VFWs
Without settling the question of whether smoking ultimately will be allowed in veterans halls and other private clubs, a Franklin County judge extended a temporary ban yesterday by one week.
Judge David E. Cain of Franklin County Common Pleas Court will rule on a bid by a trade association of bars and restaurants to keep Veterans of Foreign Wars posts and other private clubs from allowing members to light up.
The Ohio Licensed Beverage Association, the group that opposed the smoking ban passed by voters in November, asked Cain for a full trial to settle the question. The Ohio Department of Health, which wrote the rules excluding private clubs from the indoor smoking ban, wants Cain to rule more quickly.
Further complicating matters, the American Cancer Society is waging a separate legal battle -- in the same court but with a different judge -- to make the smoking ban apply to Ohio's 1,500 private clubs. The cancer society asked Cain to merge its case with the beverage association's; Cain did not rule on that yesterday.
"We bring a certain perspective to this since we wrote the law," said the cancer society's attorney, Don McTigue.
Health Department spokesman Jay Carey said that while the cancer society fashioned last year's successful ballot initiative, it fell to the state agency to hash out specific rules.
"We believe (excluding private clubs) was the will of the voters," Carey said.
While Cain weighs both arguments, veterans halls and other private clubs must order patrons to extinguish their cigarettes for at least the next week. Cain could make a permanent ruling on whether the ban applies to private clubs, but lawyers on both sides said yesterday that they expect the judge to issue a narrower ruling.
Judge David E. Cain
They all can kiss my patoot!
NO one is forcing a non smoker to work in a Vet Club that allows smoking!
The way around that is for clubs to not have “employees”, but instead to have “shareholders”, rewarded for work in shares redeemable for money. The club owner retains 51% of shares.
I believe that this is already covered. Vets pay DUES! Therefore, this should make them a "shareholder."
As I said, it was the legal issue. I agree with you that there should be no limitations of this kind places on private clubs; however, those individuals who want to force private clubs to conform are determined by any means to get what they want, and so are always looking for an angle—which right now is by attacking club employees.
To do this, they would try and find an ex-employee who was fired and disgruntled to sue his ex-employer for “exposing him to secondhand smoke”, demanding huge damages. It is a purely harassment lawsuit.
Also, there is a distinction between club membership and shareholding. The former pay non-refundable dues and receive club services in exchange; shareholders do not have to be veterans, do not pay dues. This is all very important for tax purposes, and has strict rules.
Don’t forget their partners in crime-the ALA and the AHA. I haven’t contributed to any of those three orgs. for over 12 years. Tired of them using billions for smoker bans rather than to treat or find cures.
You said: VFWs are private. That judge has no Constitutional standing, but then, this country ditched the Constitution a long time ago.
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This isn’t a constitutional issue. I would not support a smoking ban on private property of any kind, including public restaurants and bars, but it isn’t a constitutional issue. Prostitution and drug dealing shouldn’t be legal in VFW’s either. (Note: I am NOT equating smoking with prostitution and drug dealing.)
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