Smoker Arrested

[GOTV]

Didn't expect this to happen so fast...

http://www.wlwt.com/news/10510395/detail.html

"MARIETTA, Ohio -- Less than a week after Ohio's new smoking ban took effect, a smoker was arrested after police said he was asked to leave a bar but refused."

[MeDeMax]

1. it will be interesting test of the new law -- n/t

[rexcat]

2. He was arrested for trespassing...

He was asked to leave the establishment for not putting out his cigarette and refused so the anti-smoking law may not be an issue. Just my play on this!

[GOTV]

3. I think you are right...

... I mean, I know you're right that he was arrested for trespassing and not for smoking. I think you're right that it will therefore not be able to be used as a test of the smoking ban.

[mosin]

4. Trespassing

The smoking ban is not a criminal statute. Enforcement will eventually be through the Ohio Department of Health and county Boards of Health. The issue only become a criminal one when someone refuses a request to leave, that is, trespasses. The citations for both businesses and individuals include civil fines.

As an aside, I applaud any establishment that engages in civil disobedience by refusing to follow the new smoking ban--at least one bar owner I know is doing so--but ignoring the request of a property owner to leave is not civil disobedience. It has nothing to do with the law, it's just criminal trespassing.

[MeDeMax]

5. I applaud any business that shows some humanity to smokers

be they employees or customers, you don't have to create a public health issue
by giving smokers a free rein, atleast don't treat them like lepers.

[Deep13]

6. He wasn't treated badly until he lit up.

It is the behavior that is objectionable, not the person. I'm sure lepers wish they could simple quit being lepers or at least refrain from being lepers in public.

[VolcanoJen]

7. There's been a sort-of stay of execution of the smoking ban

Parties Agree To Smoking Ban Delay - Ohio Tavern News

COLUMBUS - Ohio businesses received a reprieve of sorts from the statewide smoking ban earlier this month when state officials announced the ban would not be enforced until sometime next year.

While the ban still went into effect on Dec. 7, the Ohio Department of Health said it would not issue warnings or fines until final rules are in place. The department, which in late November released temporary guidelines for compliance and enforcement of the ban approved Nov. 7 by voters, has until June 7 to finalize rules.

The department's announcement was the result of a compromise it reached with the Ohio Licensed Beverage Association and the Buckeye Liquor Permit Holders Association, both of which sought court action to block the smoking ban. The associations and the Health Department agreed to a consent order which postponed enforcement of the ban until the final rules are in place.

"With many questions still surrounding the smoking ban, we have been working with permit holders throughout the state so that they can comply with the law," said the OLBA's Jacob Evans. "Unfortunately, there are still many unanswered questions. All of the parties to the action understood this reality and have agreed to a consent decree whereby the ban will not be enforced, citations will not be issued nor fines levied until the final rules are in place."

[MeDeMax]

8. yo VJ where have you been ? Haven't heard from you in a long time -- n/t

[VolcanoJen]

9. Just lurking around

:-)

[MeDeMax]

12. I am not buying that story...you are up to something...

perhaps organizing a g-roots campaign for '07 or '08...I sense something BIG brewing

:-)

[rexcat]

11. There are a lot of establishments that have banned smoking...

despite the "hold" on the smoking ban. I like the ban because I don't have to inhale someone's second hand smoke which I believe is bad for my health, including what it does to my sinuses. I say good riddance to smoking in public.

[Kolesar]

10. "When you outlaw smokes"...

...only outlaws will have smokes.

pry them from my yellowed, nicotine-stained fingers!