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‘ A smoker lighting up and smoking is NOT a violation of the law. Got that?’

23 September 2008 12 Comments

In response to that poll released last week by the anti-smokers:

 

SmokeFree Ohio is waving yet a 3rd poll. Interesting that the poll they did on a .75 cent tax increase on cigarettes was done by the same company (who conducted all 3 ‘polls’). That poll was paid for by the Robert Wood Johnson Foundation http://www.tobaccofreekids.org/Script/DisplayPressRelease.php3?Display=1077 who paid for smoking bans nationwide. They invested 446 million dollars into them. http://www.rwjf.org/…_01.pdf (scroll to pages 5 & 6). The ACS was paid out of the 99 million dollar grant to the AMA. The RWJF owns 35,435,189 shares of Johnson & Johnson stock (valued at 2.3 billion dollars). Both JnJ and RWJF profit from the sales of JnJ’s Nicorette and Nicoderm. The more restrictive bans, the more money they make. Best marketing stragegy pharmaceutical money can buy. How interesting the same organization does all SFO’s ‘polls’ and even more interesting is that all 3 ‘polled’ 600 people. Are they the same 600? Everyone knows you can ask questions to get the answers you want. Do 600 people statistically represent a vote that had 2,370,369 ‘YES’ votes? Really? What’s more outrageous is that they are trying to spin it that these people who voted ‘YES’ to exemptions really they meant ‘NO’ exemptions??? Here’s their own website with the ballot language: http://smokefreeohio…ge.aspx (2nd bullet). 

Here’s a question. Did they poll any of the business owners who are losing their businesses because of the ban? Ohio just posted the highest unemployment statistics since 1992 with the Service Industry at #1. Topping the Service Industry is Hospitality and Leisure beating Transportation (with today’s gas prices), Trade and Utilities COMBINED!! 

Here’s the BIGGEST LIE. SmokeFree Ohio sold this package as ’smoke free policies do not harm business’. Anti smokers do NOT patronize bars, period. We did NOT see the ‘hoards of new customers’ we were promised. Bars lost a potential of 67.44 million dollars in sales. Before you get too excited, the flip side of that coin shows 1.4 MILLION MORE BOTTLES OF LIQUOR sold in 2007 over 2006 for HOME CONSUMPTION. Over 300 bars quit paying sales tax in 2007. 313 of them! They either kept the money or they went out of business. YOU decide. 

NOW, the Dept. of Health throws this rule into the equation. A smoker lighting up and smoking is NOT a violation of the law. Got that? How many voters thought THAT when they voted? The violation is 1)when the owner doesn’t tell him/her to put it out or 2)when the smoker refuses (at which point the owner is supposed to ask their name and address, call the 800# to report them). NOT ONE SMOKER HAS BEEN FINED IN OHIO. NOT ONE. The enforcement of this law tells the smokers it’s ok to light up. (I can forward email from Lance Himes from ODH to verify this).

SmokeFree Ohio is trying to say enforcement of the current law is ‘easy to understand’ but that SB346’s won’t be. Signs on the door is pretty clear for customers and employees. ‘This is a smoking facility’, ‘This is a smoke-free facility’. But the current law isn’t confusing? Listen to what this woman has to say about the current law…pay close attention to what she does for a living. http://www.youtube.c…JzJGW4 

SB346 puts in the exemptions the voters voted for. PERIOD. It also saves Ohio jobs when Ohio can’t afford to close one more door to one more family owned business or private club. 

Thank you so much Senator Schuler and the 12 co-sponsors and all the other legislators who support Ohio families and private clubs who give so generously to charities. 

Pam Parker

Co-founder, Opponents of Ohio Bans

P.O. Box 402

Grove City, OH 43123

cell 614-565-6560

12 Comments »

  • virgilK said:

    Once the foot is in the door it never ends. Anti-smokers are never satisfied. They will continue to push for more intrusion into private lives. They have done this in every State, county or city where bans have passed.
    They use their Health excuse to invade the home, car even outdoors in parks. As long there is the slightest possibility to cause anyone to stop smoking. There are places now in California that allow smoking only in the private home and then only if no children present. Some have even lost their children because they smoke. As long as there is the possibility for the Pharmaceuticals to sell one more Smoking Cessation product they will lie about the health effects of SHS.
    The EPA report of 3,000 deaths per year has been vacated as fraudulent by an avid anti-smoking Judge, Federal Judge Osteen. He, with the help of independent scientists over a four year period, found that studies were cherry picked and risk factored doubled to reach the conclusion wanted. The EPA even stated conclusions before the report was completed. Pure Fraud, as has every study been, that used their conclusions as a basis, which is all of them.

  • Rebecca said:

    It seems that the anti smokers polls come out the same from state to state. A coincidence? Not a chance! This is an excellent ariticle by someone who has definitely done their homework. The ballot was confusing indeed. I really don’t think that most people in Ohio were aware of what they were voting for.

  • History Buff said:

    What I find humerous is that people think of smoking and then they think cancer. Then they mention ‘nicotine’. They don’t know that when they eat potato, tomato, green pepper, cauliflower and other foods, they are EATING nicotine as they are in the same food group as tobacco and again, they all contain nicotine. Are those foods the next bans? They should go stick their heads in a bleach bottle, breath deep and then see how fast they get ‘cancer’.

  • Alijane Cascade said:

    Let me get this right, the smoker is not guilty of violating the law when they light up in a business, but the business owner must risk life and limb and tell them to go outside, then if they won’t comply they are by law to get the patron’s name and address??? Let’s see here, the patron refuses to put their smoke out or go outside, what happens if they refuse to give their name and address? Highly unlikely.

    Then anyone can call in to report a violation and not even have to leave their name, address or phone number? The business owner is guilty? Sounds like a good way to get rid of the competition or for a disgruntled ex-employee to get even with their former employers.

    This does not even sound Constitutional.

  • kybriar said:

    So, the ODH is forcing business owners to do their job for them without pay or compensation. Isn’t that a form of slavery/servitude? Forcing the owners to destroy their own business against their will. Ohio better wake up!!

  • Musician said:

    The biggest disappointment to me personally concerning the Ohio smoking ban was the promise of more clientele in the night clubs.

    I have worked as a professional musician since the 1980’s and there has been nothing worse than the smoking ban to destroy available REGULAR live music work. This has trickled over into private affair gigs also, not just performances in bars and nightclubs.

    Several venues I played closed since the Ohio smoking ban was implemented, yet I was told “business would improve” by the antismoking organizations. Nothing could have been further from the truth. I do have to wonder if the smoking ban isn’t some hidden agenda to shut down any adult nightlife kind of venue.

    I never voted in favor of the ban in the first place as I believe and will always believe in choice for the private business owner concerning this particular matter.
    Being lied to by SmokeFreeOhio doesn’t sit well with me and I do hope our Ohio legislators will bring balance and sanity back to this state by allowing the private business owner a choice in the matter once again.

    The bar and private club damage is obvious. What isn’t so obvious are the opportunities for musicians in the mix to work on a regular basis. The ban has damaged these opportunities greatly in a very short amount of time.

  • Bill Brown said:

    The people at SmokeFree Ohio are currently claiming on their website that:
    “A bill was introduced in the Senate recently that would overturn the Smoke Free Workplace law that ensures all business will operate on a level playing field with one fair, statewide standard that is easy to understand and enforce.”

    That statement is deliberately misleading (Gee,..what a surprise!) because SB346 OVERTURNS NOTHING. Further it appears that “fair” is a uniquely subjective term when being employed by those seeking to reinforce and promote their specific portion of a much larger mercantile agenda. Enforcement is NOT easy when the act of smoking, by itself is not illegal, but is nevertheless expected to be carried out by business and property owners that don’t believe the law is “fair” to begin with. Business and property owners are understandably reluctant to drive potential customers away from their businesses based on a law that mandates STATE SPONSORED DISCRIMINATION, but are fully expected to do so with no formal law enforcement training or experience with which to call upon for enforcing the highly questionable and unproven “protective” measures forced upon them by the law.
    Ban Proponents actually believe that business owners would cheerfully confront their smoking patrons and subject themselves to possible physical altercations when the Ohio department of health inspectors won’t dare take such action themselves, and have publicly stated they will not. Further, calling the Secret Police, ..er,..sorry, the “Annonymous Tip Line” is supposed to be a “voluntary”, self supporting solution.
    Voluntarily driving yourself out of business is the perfect solution to a non-existent problem,…if you live in Russia.
    This is clearly about punishing business owners who cherish their liberty, as well as their rights of property ownership.
    The “Statewide Standard” sought by the ordinance, but which existed prior to the implementation of the mandated prejudicial treatment of citizens that choose to smoke,.. was routinely referred to as common sense & personal responsibility.
    No law was required, only 3rd grade reading skills.
    Further still, there is NO SUCH THING as a “Level Playing Field” in a Free Market Economy. If such a thing were even remotely possible, then we should all be looking to the government for the big bail out that we are all surely due as a result of the same kind of government tampering with free market forces that have resulted in the National financial crisis we currently find ourselves in as a nation today. After-all, if “Lehman Brothers”, “Bear Stearns” and “AIG” are “too big to be allowed to fail”, How “big” is small business in Ohio?, and what’s it worth to avoid Ohio contributing to that financial meltdown as well?)

    The law is clearly aimed primarily, and specifically at the Hospitality industry as a way to discourage smoking by everyone that does. With 99% of the complaints filed since enforcement of the ban began having being filed against Bars, and Restaurants, is there really any doubt regarding the emphasis for the application of this law? It is designed to coerce, harass, and otherwise demonize a choice made by adults to use a legal product with or without the consent of business property owners, and any other industry impacted by the ordinance is purely the necessary collateral damage required to promote the mere appearance of “fair”.

  • the big kahuna said:

    Ohio tobacco lovers! Wake Up! you must have at least two million people in your state who enjoy some form of tobacco (at least 20% of population…figure it out). enough to make impact at elections? you damn right. here in our battle in hawaii, we just won a great victory at the primaries…an anti whack-nut job barely won his primary race against one of our staunch Freedom of Choice supporters…he won by less than 200 votes…stunning!!! we rallied for our man with signs “Smokers Vote Sonson” “Bar Owners For Sonson”…it was the official birth of the American Smoker Voting bloc…look out lawmakers across the nation…give us a few short years and we 20 million registered smoker-voters of America will decide every election to come. lawmakers pass unjust laws for one reason…THEY DO NOT FEAR A PARTICULAR VOTING BLOC…ohio tobacco lovers! WAKE UP! AND BE A PART OF THE AWAKENING OF THE SLEEPING SMOKING GIANT. find out which lawmakers voted for or against the ban and VOTE ACCORDINGLY! aloha, the big kahuna TheSmokeVote.com

  • Loren Eberly said:

    We the stupid, defiant of demands of natural law (what Mother Nature, God, or Whatever Power decreed to be the reality of the real world) God, democracy, capitalism, the US Constitution, and free, fair, and affordable commerce. Deceived in Sunday schools, public schools, private schools, and home schools, colleges, and universities government of the people, by the people, for the people, successfully elect legislators and representatives to serve selfish interests with socialist/communist principles and values for votes.

    That supports the demise of Natural Law, God, democracy, capitalism, the US Constitution, and free, fair, and affordable commerce. Makes free, fair, and affordable commerce IMPOSSIBLE, Makes balancing every budget IMPOSSIBLE. Makes funding schools IMPOSSIBLE. Makes union workers, consumers, taxpayers, and America’s grandchildren’s children LIFE UNAFFORDABLE. And created the $40 trillion social security and the $9.3 trillion national debt. America’s grandchildren’s children are responsible to pay interest with until they are 18 years old.

    Then pay the debt with the $6.85 per hour labor wage. Twenty five percent of We the stupid, defiant of demands of natural law (what Mother Nature, God, or Whatever Power decreed to be the reality of the real world) God, democracy, capitalism, the US Constitution, and free, fair, and affordable commerce. Deceived in Sunday schools, public schools, private schools, and home schools, colleges, and universities government of the people, by the people, for the people, elected legislators and representatives to enact.

    There is no reason to believe America’s grandchildren’s children that go to bed hungry can afford life and pay this debt with money derived from wages or independent business profit in a hundred million years.
    http://www.loreneberly.com

  • Keri Robey said:

    Well, I worked for a pulmonologist for 3 years, did a study through the mayo clinic, and the statistics are correct. You should think smoking and cancer. Second hand smoke it more dangerous to the non smoker that the actual person smoking. I myself am a non smoker, and I could’nt be happier that they made restraunts non smoking. Nothing I hate worse than paying to eat, and have to smell smoke. Nor do I want to be around it or my children. I just went through almost losing my mom to emphysema 2 years ago. she smoked her whole life. Get this, if you smoke you will end up with COPD. My father in law quit 40 years ago, and he has COPD. Theres no way to justify smoking. Its bad for the person doing it, and for anyone that is around that person. Thats that!!!!!!!!

  • Bobby Hill said:

    The authors of pro-smoking blogs, read as pasionate about the RIGHTS of INDIVIDUALS with regards to smoking. SMOKING is an ADDICTION, no different than drug use. My personal experience with smokers who are politely asked to put out thier drug is; “No, I’m not, and what are you going to do about it?” I have left out the profanaty. These encounters have been at public playgrounds, with my children. The smoker is nothing more than a drug addict, selfish, and in denial of thier own condition. The act of smoking effects all with in 50 feet. I just want to be able to defend my rights to smoke free air in public. I want the RIGHT to take action against these rude and harmful drug addicts when they refuse to honor my rights ( mace, water bottle, air horn. ) I am an American, don’t Americans fight for thier rights?

  • Casey said:

    Hi, I’m a student at Metro State of Denver. I’m researching a new product possibility; the product would be a “Quit Smoking” aide that offers a stepping down approach. I am a former smoker myself but I’m addicted to Commit lozenges and they contain nicotine. I would still buy them if they had zero mg of nicotine but they don’t offer that. I would like to market a product that does. Anyways, I made this survey for my research project and it would really help me if anyone could take it [smokers, former smokers, and non-smokers are all welcome] Thanks so much. — Casey Here’s the link to the survey. http://www.surveygizmo.com/s/206243/r2zgt

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