Ohio's smoke-free law update
As really could’ve been expected, Ohio’s smoking ban law is in court—and not just one, but three altogether—for the time-being, though, all at a state trial court level. (Article)
The smoke-free legislation passed a popular vote last November, but was faced with rumblings even before that.
The Buckeye Liquor Permit Holders filed a complaint a month after the law passed, appearing before Hamilton County Common Pleas Court Judge Fred Nelson yesterday. Buckeye’s premise is that “the right to make decisions relevant to your own property is an inherent, fundamental right,” and the new law violates Ohio privacy and property rights.
Counsel for the American Cancer Society and the state told Nelson that “government has the power to impose rules that may limit some individual rights for the welfare of society.” (Article)
Meanwhile, up in Franklin County, the Ohio Licensed Beverage Association filed a similar suit two weeks ago against the Ohio Health Department, the American Cancer Society filing its own suit a week later also against the Health Department.
The law, not withstanding, is set to become effective May 1st., with Judge Nelson saying he’ll make his decision as to whether to grant an injunction blocking its enforcement by then.
Buckeye Liquor v. Ohio Dept. Health (Hamilton Cnty., Case A-0610614)
Ohio Licensed Beverage v. Ohio Dept. Health (Franklin Cnty., Case 07-CV-005103)
American Cancer Society v. Ohio Dept. Health (Franklin Cnty., Case 07-CV-005306)
enter case number here
The smoke-free legislation passed a popular vote last November, but was faced with rumblings even before that.
The Buckeye Liquor Permit Holders filed a complaint a month after the law passed, appearing before Hamilton County Common Pleas Court Judge Fred Nelson yesterday. Buckeye’s premise is that “the right to make decisions relevant to your own property is an inherent, fundamental right,” and the new law violates Ohio privacy and property rights.
Counsel for the American Cancer Society and the state told Nelson that “government has the power to impose rules that may limit some individual rights for the welfare of society.” (Article)
Meanwhile, up in Franklin County, the Ohio Licensed Beverage Association filed a similar suit two weeks ago against the Ohio Health Department, the American Cancer Society filing its own suit a week later also against the Health Department.
The law, not withstanding, is set to become effective May 1st., with Judge Nelson saying he’ll make his decision as to whether to grant an injunction blocking its enforcement by then.
Buckeye Liquor v. Ohio Dept. Health (Hamilton Cnty., Case A-0610614)
Ohio Licensed Beverage v. Ohio Dept. Health (Franklin Cnty., Case 07-CV-005103)
American Cancer Society v. Ohio Dept. Health (Franklin Cnty., Case 07-CV-005306)
enter case number here
posted by Chuck Kallendorf at Thursday, April 26, 2007
1 Comments:
IT is unconstitutional to fine establishments owners for not enforcing the law,as owners because someone violated the law. (anti smoking laws) when authorities do not enforce fines on other publick places for not enforcing the laws. case in point< >BANKS break the law when they instruck tellers to just give them the money,or else you will be fired. Why are they not fined for allowing robberys? In all other cases its the rule call 911 for police assistance. Enforcement policies should be the same for law enforcement. And the 2 governors of ohio used $10 BIL of the tobacco settlement for other purposes than voted for.GEORGE A FORTNER
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