Smoking In Private Clubs Overturned

WTAM.COM ^ | 05/18/07 | WTAM.COM

[GOP_Lady]

Smoking In Private Clubs Overturned

[Phantom Patriot]

You aren’t a postal worker, are you?

You wouldn't’t happen to be a politician, or a lawyer would you. Ohhh perhaps a judge?

[Ahithophel]

Yef it if, very fad.

[GOP_Lady]

LOL. :-)

[Digger]

Judge David Cain of the Franklin County Common Pleas Court ruled that the state overstepped its authority in writing rules exempting private clubs.

OK you all in Franklin Co. Here's the guy. Are ya going to let him get away with this? If so what will it take before this man suffers the consequences of his narcissistic actions?

[bigcat32]

“I think we should have the right to smoke at all sporting events, not just on golf courses and in pool halls. Basketball games would be a perfect event for the players and coaches to enjoy stogie while making a fast break or while screaming at the ref who could also be chewing on a nasty brown turd. Anywhere people are breathing hard from physical exertion is a perfect place for everyone watching or playing to light up. It’s all about the freedom to show everyone else how smart we are by filling the room with our favorite stench. BTW, don’t forget to put your cigar butts in your pocket when your through with them instead of leaving them where ever it suits you.”

1 hour, 45 minutes to stogie time!!!

[untrained skeptic]

The exemption for private clubs is in the ballot language and in the proposed legislation that was presented for the ballot issue.

http://www.sos.state.oh.us/SOS/ElectionsVoter/results2006.aspx?Section=1857

However, what the article says is that the Judge ruled that the state overstepped its authority in the rules that it wrote, not that the section of the law regarding smoking in private clubs as defined in the laws was unconstitutional.

Without reading the actual ruling it is hard to know what this really means for smoking in private clubs.

I wonder if it has something to do with the law specifying private clubs that have no employees, and the rules gave clubs more leeway than the law explicitly allowed.

I always thought that the ballot language saying private clubs were excluded was very misleading since I doubt many clubs would qualify under the proposed legislation submitted with the ballot issue.

[untrained skeptic]

Now, to me it looks like this allows smoking in private clubs in very limited conditions. I can't figure out how the judge ruled that very limited cases means absolutely no cases.

I'll wait until I see the actual ruling. The Associated Press doesn't have a good track record at getting such things right. I suspect that it is more likely that the Judge ruled that our state government's interpretation of the law didn't follow the actual legislation, and that the extremely limited provision for smoking in private clubs still exists, but government just needs to tailor their regulations to match the law.

Considering how restrictive the law is regarding private clubs, this would still ban smoking in most private clubs, but it is because the majority of voters in this state foolishly voted to do so, not simply because this judge decided it should be that way.

The real battle on this was lost when opponents of the ballot initiative were unable to get the issue taken off of the ballot or the ballot language modified because of the highly restrictive definition of a private club used in the proposed law wasn't reflected in the ballot language.

[HoosierHawk]

LOL!!

[GOP_Lady]

A LITTLE MORE CLARIFICATION: http://www.myfoxcleveland.com/myfox/pages/Home/Detail?contentId=3239370&version=2&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

[Dixie Yooper]

1 hour, 45 minutes to stogie time!!!

I hope you enjoying a great round of golf more than the cigar your smoking. Some people smoke cigars while golfing because otherwise they wouldn't be having any fun at all.

[Centurion2000]

Polluting the air other people breathe is not a right.

Then step away from us until you feel comfortable.

[lonestar]

What do you not understand about “Private Club.” You been invited?

[Diana in Wisconsin]

Hopefully someone will post that. There’s a pix of the Governor in a convertible with two small kids STANDING in the back (not belted in at all) and it goes on and on about how it’s all “for the children.”

Sorry. A link escapes me, but I know exactly what you’re talking about.

There was also a case in England where a neighbor was suing because she could “smell” the cigarette smoke from one house over. The English Smoke Gnatzies actually made the people stop smoking IN THEIR OWN HOME! Yeesh!

[elkfersupper]

Polluting the air other people breathe is not a right.

Breathing the air other people pollute is not a right either.

So there.

[elkfersupper]

I think we should have the right to smoke at all sporting events, not just on golf courses and in pool halls. Basketball games would be a perfect event for the players and coaches to enjoy stogie while making a fast break or while screaming at the ref who could also be chewing on a nasty brown turd. Anywhere people are breathing hard from physical exertion is a perfect place for everyone watching or playing to light up. It's all about the freedom to show everyone else how smart we are by filling the room with our favorite stench. BTW, don't forget to put your cigar butts in your pocket when your through with them instead of leaving them where ever it suits you.

You have just described my perfect world and the last time I attended a sporting event (1970's).

Thanks for the memories, and I hope we eventually banish all you nanny-staters and return the world to the way it should be.

[elkfersupper]

WTF does that mean?

An armed invasion of the legislature?

That would be a good start.

[elkfersupper]

What is the “membership” requirement where you are at?

The only "membership" requirement where I'm at is a basic desire to get around these stupid-ass laws.

Good enough for me.

[elkfersupper]

Banning smoking in public bars but not VFW’s, etc. would put all public bars out of business.

That's the idea, in case you haven't noticed yet.

[E. Pluribus Unum]

But instead of cowboy-ing up and start a petition drive or suing the state for lack of due process or putting in a outdoor patio or refusing service to a nonsmoker (they know who they are); they'd rather use the Russian solution and get the courts to drag private clubs down into the dirt with them.

I get it.

The court system can only be used against them.

It's not "cowboy" of them to fight back in court.

(My bet is the closest you ever got to being a cowboy is falling face-first in cow patties.)

[SheLion]

“Polluting the air other people breathe is not a right.”

Polluting the air is not right. ROTFLMA!!!!!!!!!!!!