Well, here it is...
January 23, 2007
No smoke break for vets, bowlers
BY LIZ LONG | [email protected]
COLUMBUS - The state Health Department isn't relaxing Ohio's new smoking ban, despite last-minute lobbying by veterans and bowling center owners.
Final changes are expected to be filed with the Joint Committee on Agency Rule Review, a 10-member state legislative committee that reviews new and amended rules, as early as this week.
Voters passed the statewide ban, which prohibits smoking in any "public place" or "place of employment," Nov. 7.
While the state Health Department and its 30-member advisory committee have been working through the rule-making process, businesses have been asked to comply with the law since Dec. 7, although it is not being enforced.
Mandy Burkett of the state Health Department said the newest changes from the original draft rules include:
There is no set distance requirement from the entrance to where smoking is permitted, as long as smoke is not entering the building. It was originally proposed to set a distance requirement from the entrance of a "public place" to where smokers can smoke.
Ashtrays can be stored by businesses and kept outside for disposal purposes. The original proposal required ashtrays be removed from buildings.
Local health departments will be the primary designee to enforce complaints. In the original proposal, it was unclear who would take complaints and enforce the law.
No specific rule on where signs should be posted or how big they should be was decided. Earlier proposals included a set sign size, design and place where the sign should be posted at the entrance of a "public place" or place of employment. The sign bans smoking and gives the state Health Department number to report violations. Among the committee members saying his concerns were not fully addressed in the latest draft was William Seagraves, state commander of the Veterans of Foreign Wars of Ohio.
Seagraves asked that VFW clubs be allowed to designate a smoking room for veterans in the rules, instead of requiring veterans to go outside and smoke.
Under the new law, any private club that has employees must adhere to the smoking ban.
"It is not right to send our veterans out into the cold for a cigarette," he said. "They earned that right."
But Shelly Kiser, a spokeswoman for the American Lung Association and the granddaughter of an 85-year-old World War II veteran, said the rules should apply to VFW clubs. "My grandfather cannot currently go to VFW clubs, because smoking affects his heart condition," Kiser said. "Our research shows smoking rooms don't protect nonsmokers."
Other concerns were raised about how violations and enforcement would be handled. David Corey, a lobbyist for the Bowling Centers Association of Ohio, said local health departments should not be able to hire third parties, such as off-duty police, to enforce the law. "We weren't going to create smoking police," Corey said. "But that is the perception you are giving us based on these rules."
Lance Himes of the state Health Department said violations will mainly be complaint-driven and dealt with by local health departments.
Jacob Evans, a lobbyist with the Ohio Licensed Beverage Association, said the main issues are getting rid of smoke, putting up signs and getting rid of ashtrays.
"We are not out to get people," he said. "We just want to make sure people aren't smoking indoors."
Keith Krinn, public health administrator for the Columbus Health Department, said one of the biggest problems with the rule is no-set-distance requirement.
"Not having a distance requirement creates a gauntlet of smoke that you have to go through before going through the door," he said.
Socrates Tuch, an attorney with the state Health Department, said it is hard to accommodate every concern, and many violations will have to be addressed on a case-by-case basis.
Everyone duck, things are gonna start flying in here [img]eek.gif[/img]
