Smoking In Private Clubs Overturned
Part of SmokeFree Ohio Law is stricken from the books.
Friday, May 18, 2007
(Columbus) - A judge has ruled that private clubs in Ohio can’t permit smoking, despite language in the statewide smoking ban that seemed to allow it.
Judge David Cain (right) of the Franklin County Common Pleas Court ruled that the state overstepped its authority in writing rules exempting private clubs, including VFW halls that had fought to be excluded from the ban.
Cain granted the request of a restaurant and bar owners’ group to block the exemption from taking effect.
He says the Ohio Department of Health’s attempt to resolve contradictory language in the SmokeFree Act, which both allowed smoking in private clubs and restricted smoking in most workplaces was overbroad.
Please Ping! everyone, SheLion. Thanks! :-)
A legislature overstepped its authority by not taking away enough rights?
I’ll be smoking a cigar at a golf course in Cleveland in 6.5 hours and I’ll probably smoke another stogie at a bar patio later in the evening.
They can’t stop us, they can only hope to contain us.
The government wants control of our private lives, both regarding actions and thoughts as can be seen from the absurdity of “hate crimes.”
Nanny State Ping.
Next up, phase out malts and burgers, introduce new “Victory Porridge.”
“FOR IMMEDIATE RELEASE
Tuesday, May 11, 2004
Contact: HHS Press Office
(202) 690-6343
United States Signs Tobacco Control Treaty
NEW YORK — On behalf of the United States, HHS Secretary Tommy G. Thompson signed the Framework Convention on Tobacco Control (FCTC) on Monday at the United Nations. The FCTC is the first-ever global public health treaty negotiated under the auspices of the World Health Organization (WHO).
The treaty serves as an important basis for advancing public health worldwide. It encourages other nations to establish standards similar to the ones set for tobacco prevention and control domestically in the United States. For example, the treaty contains a strong U.S.-drafted provision against tobacco smuggling, which could help prevent illicit trade in tobacco.
“The United States has long been a world leader in anti-smoking efforts,” Secretary Thompson said. “We have committed more resources than any other country to the research, development and evaluation of smoking control and cessation programs, both at home and abroad. President Bush and I look forward to working with the WHO and other member nations to implement this agreement.”
Secretary Thompson noted that the United States is making strides in reducing death and disease caused by tobacco as well as in diminishing use, especially among children. Youth smoking rates have dropped significantly in this country among minors — from 18.9 percent in the mid-1990s to 13 percent in 2002. However, tobacco-related illness remains the leading preventable cause of death among adult Americans.
The United States, with HHS as the lead agency, participated actively throughout the drafting process and negotiations to help achieve a strong and effective instrument for global tobacco control. The World Health Assembly adopted the FCTC in May 2003. The United States becomes the 108th nation to sign this treaty.
The FCTC is intended to provide for basic tobacco control measures to be implemented by all parties through domestic law. The objective of the FCTC is to protect “present and future generations from devastating health, social, environmental and economic consequences” of tobacco use and to reduce the prevalence of tobacco use and exposure to tobacco smoke.
The demand for and the supply of tobacco is addressed through various means, including smoking prevention and cessation, health warnings on packaging, restrictions on tobacco advertising and sponsorship in accordance with each signatory nation’s domestic law and constitution, and measures to combat illicit trade. Promoting public awareness of the adverse health effects of tobacco use is also a key element of the treaty. Parties must support measures to protect against exposure to tobacco smoke in public venues, and prohibit cigarette sales to minors.
The FCTC is designed to reduce the demand for and the supply of tobacco, and promoting public awareness of the adverse health effects of tobacco use is a key element of the treat. Once the FCTC takes effect, treaty requires partners to:
Promote public awareness of tobacco control and promote smoking prevention and cessation.
Include health warnings on packaging and ensure that tobacco product packaging and labeling is not false or misleading, or could create the false impression that the product is less harmful than other tobacco products.
Have restrictions on tobacco advertising and sponsorship in accordance with each nation’s domestic law and constitution.
Have measures to combat illicit trade to prevent tobacco smuggling, a provision drafted by the United States.
Prohibit tobacco product sales to minors.
The treaty is open for signature until June 29. The treaty will take effect after 40 nations have ratified it; nine nations have ratified the FCTC so far. The next step for the treaty in the United States is submission to the Senate, following completion of further interagency review of the treaty.”
“The madness if getting even more maddening”
This is not the country I grew up in. It sounds cliche, but it’s true, and I know no other way to express it. We’ve shredded the constitution. People have access to more information, but are more oblivious than ever.
One day our children will wonder why they aren’t free. They’ll blame our generation for letting it happen.
The public bars brought the suit, having lost business to the American Legion, VFW, etc. where you could exercise personal freedom....
Now, the Judge has decided to stop the rights of smokers from being exercised on PRIVATE PROPERTY, so it moves on.
I missed the part in the U.S. Constitution where it says a person is NOT allowed to be secure in their property, possessions, etc., from Government intrusion.....
THE ANTI-TOBACCO RECIPE FOR SUCCESS
1. Choose an industry.
2. Regulate the industry.
3. Tax the industry.
4. Sue the industry.
When one source of money dries up, return to Step 1 and repeat.
By S. Phillipe
History is again repeating itself. 100 years ago the prohibitionists were doing the same thing by working to make cities, counties and whole states “dry”. Their arguments were much the same as today’s anti-smoking zealots, liquor causes all kinds of societal and health problems. However liquor remained a legal product despite the increasing restrictions imposed by the prohibitionists. In the end the prohibitionists won and the 18th Amendment was added to the US Constitution. For 13 years the US was turned into a nation of bootleggers and speakeasies. I expect the same will happen to the smoking bans.
This constitutes proof that private clubs are not private.
Could private clubs ban all law enforcement from the premises without a search warrant, since they by definition "private" and not considered open to the public?
I hope those anti-smoking zealots enjoy the non-ownership police state they have created.
On a business trip to Utah a few years back I was told drinking is only allowed at private clubs.
Many of these private clubs looked like regular bars to me. There were a lot of them. A membership to the club cost $2 at the door.
Yef it if, very fad.
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.
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