Ohio Department of Health posts draft of new smoking rules for public comment

[GOTV]

http://www.odh.ohio.gov/rules/drafts/3701-52-CleanIndoorAIr.aspx

[mongo]

1. The make smokers litter act of 2007

3701-52-02 Responsibilities of proprietor.

(A) No proprietor, except as permitted in section 3794.03 of the Revised Code, shall
permit smoking in the public place or place of employment or in the areas
directly or indirectly under the control of the proprietor immediately adjacent to
locations of ingress or egress to the public place or place of employment.

<snip>

(D) A proprietor shall remove ashtrays and other receptacles used for disposing of
smoking materials pursuant to Chapter 3794. of the Revised Code and this
chapter. If ashtrays and other receptacles used for disposing of smoking
materials are of historic or architectural value and were affixed to real property
prior to December 7, 2006, such ashtrays and other receptacles may remain if
they are not used for disposal of smoking materials. Division (B) of section
3794.06 and this rule shall not apply to ashtrays and other receptaciles within
vehicles if they are not used for the disposal of smoking materials.

Also the assume proprieters have paranormal powers act af 2007

B) In addition to the requirements of paragraph (A) of this rule, a proprietor shall
ensure that tobacco smoke does not enter any area in which smoking is
prohibited under Chapter 3794. of the Revised Code and this chapter through
entrances, windows, ventilation systems, or other means.
(F) Lack of intent to violate a provision of Chapter 3794. of the Revised Code or this
chapter shall not be a defense to a violation.

I can post signs, I can tell someone to leave if they enter my store with a lit cigarette, but I cannot magically divine when someone is going to enter my store with a cigarette, or light one up in the foyer on their way out the door.

These two clauses, along with the fact that I cannot make ANY reasonable accomodation for my smoking employees (ALL OF US) -- make this damn law go way to far. And why can the health department or whatever entity enter the private areas of my store without a damn warrant?

[GOTV]

2. I don't think magical powers will be required.

I understand what the wording of the law is but as long as you tell people in the store with a cigarette to put it out I think you've done your part.

Besides, it's not like most laws don't have edge cases that are open to interpretation and abuse.

> And why can the health department or whatever entity enter the private areas of my store without a damn warrant?

I don't know that private areas of publicly licensed businesses have the same rights and, say, a private residence. As a requirement for a license to do business don't you agree to cooperate with the state when they attempt to verify compliance with the law?

It would not be cool for a restaurant to declare their kitchen "private" and thus off limits to health inspectors would it?

[MeDeMax]

4. except ...

A biz that does not serve food & beverages should be open for warrantless inspection
by the health department ?

Wow ! please tell me these are the same people that have a problem with * listening
in on their phone calls, scanning their emails and opening their mail.

It is unbelievable, that fellow Ohioians, who shared common values just two months
ago are now willing to not only throw their smoker comarades under a bus, but
actually offering to duct tape their live bodies to the road, lest they escape...wow !

[GOTV]

5. Yes, I think a business should be open for inspections...

... to ensure compliance with the law. I don't think businesses should have the same rights that residences do.

I don't think not being able to smoke in areas open to the public = being thrown under a bus.

[MeDeMax]

3. I hear (yes hear) the pain in your post ...

I am appalled by the abysmal show of compassion among the anti-smokers,
yes they do come in red & blue stripes.

Overnight the state turned against its own...it is sad really.