A legislature overstepped its authority by not taking away enough rights?
The legislature overstepped its authority by not banning it completely.
Surreal.
Polluting the air other people breathe is not a right.
No, bar and restaurant owners objected to certain establishments being exempted.
I don't blame them. Laws should be applied equally. Even bad laws.
Not exactly. The original law passed as a voter referendum. My thoughts on referendums in general are well known (they are stupid), and part of the issue here was that the referendum was very poorly written, including some contradictory provisions
Once the referendum was passed, the legislature was charged with sorting out the mess and passing implementing regulations. Apparently, this judge thought that the legislature’s effort to cure the defects in the referendum was “overstepping its authority.”
Whatever.
The big brown pile was voted on by the entire state, so we are all to blame. The relevant part of the law is http://www.smokefreeohio.org/oh/about/documents/SFOlaw.pdf:
3794.03 Areas where smoking is not regulated by this chapter.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.The following shall be exempt from the provisions of this chapter:
[snip]
(G) Private clubs as defined in section 4301.01(B)(13) of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not for profit entity; only members of the club are present in the club’s building; no persons under the age of eighteen are present in the club’s building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.