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Home > Blogs > Ohio politics > Archives > 2010 > November > 17
Wednesday, November 17, 2010
State appeals court upholds smoking ban; could head to Ohio Supreme Court
A state appeals court has upheld Ohio’s statewide smoking ban in a case involving a Columbus bar, Attorney General Richard Cordray announced Wednesday. The ruling is likely going to be appealed to the Ohio Supreme Court.
According to Maurice Thompson of the 1851 Center for Constitutional Law, it is “legally incorrect” and will be appealed to the state Supreme Court.
The decision by the 10th District Court of Appeals, based in Columbus, reversed a trial court decision rejecting the state health department’s request for an injunction under the smoking ban.
The appeals court said that the department is entitled to a permanent injunction ordering the bar to comply with the law because “the evidence is overwhelming that Zeno’s repeatedly and intentionally violated the Smoke Free Act,” according to Cordray’s office.
The state had appealed the ruling from Franklin County Common Pleas Judge David E. Cain who said that the health department overstepped its legal authority in enforcing the ban against Zeno’s bar and tossed out citations that had resulted in $30,000 in fines. The appeals court also upheld the fines.
Cain faulted a “strict liability” policy against bar owners that resulted in citations without taking into consideration “no smoking” signs, removal of ashtrays and notifying customers that smoking wasn’t permitted.
The 1851 Center for Constitutional Law, a libertarian legal center, represented Zeno’s. Carlo LoParo, spokesman for the center, said he would consult with the group’s lawyers as to whether there would be an appeal to the Ohio Supreme Court.
Cordray praised the decision in a press release:
“This ruling not only supports the merits of our case against Zeno’s but sends a strong message to other establishments that they are required to abide by the law.”
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TweetDem lawmakers renew call for Senate action on foreclosure relief bills
With time running out before the legislature adjourns, two House Democrats on Wednesday sent Senate President Bill Harris, R-Ashland, a letter urging the GOP-controlled Senate to act on three bills providing mortgage foreclosure relief.
“It is incumbent upon us as lawmakers and public servants to hold this industry to the legal standards already in place and to put in place common-sense and equitable regulations to ensure a crisis of this magnitude never happens again,” said the letter from Reps. Mike Foley, D-Cleveland, and Denise Driehaus, D-Cincinnati.
The letter also went to all members of the current legislature and legislators who will take office next year.
Maggie Ostrowski, spokeswoman for Harris, responded in an e-mail:
“The Senate is in the process of reviewing pending legislation to determine its priorities for the remainder of the year.”
The bills cited in the letter, all passed by the House, are:
*House Bill 3 - provides a six month foreclosure moratorium, state regulation of mortgage servicers and a filing fee of $750 for a residential mortgage foreclosure.
*House Bill 9 - requires landlords to give renters written notice of a foreclosure action.
*House Bill 323 - sets up procedures aimed at curbing blight that results from foreclosures.
Harris in the past has cited philosophical differences with the House on how to best provide foreclosure relief.
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TweetKasich puts out a call for resumes
Gov.-elect John Kasich is calling on Ohioans to submit their resumes for jobs in his administration via a new website.
“Beginning today, we are looking for people who would like to make a real difference to come work for the state of Ohio,” Kasich said in a press release. “Ohio is on the cusp of again being a place where families can succeed and businesses can prosper, and we welcome those who want to become part of this historic effort.”
The web site, fixohionow.com, also offers chances to report government corruption or burdensome regulations and submit suggestions on how to better operate state government.
The state employs 58,782 people, including 11,719 in unclassified positions. Kasich is only looking for people who want to be in unclassified jobs.
Ohio’s unemployment rate stands at 10 percent and 591,000 Ohioans are looking for work, according to the latest report.
Kasich, a Republican, campaigned on returning jobs to Ohio.
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TweetEnergy alcohol drinks targeted by state
The maker of Four Loko and the supplier of Joose, voluntarily agreed to stop marketing and selling the alcohol- and caffeine-infused energy drinks in Ohio, state liquor control officials said Wednesday.
The state Department of Commerce’s liquor control division reached out to Phusion Projects, United Brands Co., and other manufacturers and marketers and asked them to stop making, marketing and selling all alcohol energy drinks in Ohio.
The booze-infused drinks sometimes contain as much as 12 percent alcohol in a 23.5 ounce can as well as caffeine, taurine, guarana, ginseng, ginkgo biloba and other herbal stimulants. Downing a single can is like consuming five or six beers and a cup of coffee.
“In recent months, the division has become aware of serious health concerns associated with the use of alcohol energy drinks, and believes that those products pose a significant threat to the safety and health of Ohio consumers,” said state Commerce Director Kimberly Zurz.
State officials warned the energy alcohol drink industry that failure to voluntarily comply with the request may lead to changes in Ohio law.
The U.S. Food and Drug Administration also issued warning letters to four makers of the caffeinated alcoholic beverages, saying that caffeine was an “unsafe food additive” in their products.
Caffeine can mask cues people use to determine how drunk they are, the FDA said in a news release. As a result, people drinking these beverages may consume more alcohol and become more intoxicated than they realize.
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TweetODOT testing bigger snow plow
The Ohio Department of Transportation is testing out a new type of snow plow that includes a secondary 26-foot blade attached to the side of a trailer.
When the plow truck moves, the extra blade swings either right or left, allowing the truck to clear two parallel lanes at once.
The new plow, on loan from Viking Cives Ltd. in Ontario, will be tested by ODOT crews in Ashtabula County where snowfall averages 140- to 150-inches a season. The plow will be used on Interstate-90 and State Route 11.
The new plows range in price from $65,000 to $90,000. At least 10 states now use this new type of plow, ODOT officials said.
Last winter, ODOT spread 665,244 tons of salt and spent $78 million to control ice and snow on the state highway system.
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TweetPoll: Voters glum on White House-Congress cooperation; split on Bush tax cuts
Three out of four American voters believe an upcoming White House meeting between President Barack Obama and congressional leaders is unlikely to produce meaningful results, as they give low marks both to Obama and congressional Democrats and Republicans.
That’s a key finding in a national Quinnipiac University poll released Wednesday.
Voters in the poll also say, 43-37 percent, that Obama is a better president than George W. Bush who is viewed unfavorably by American voters, 54-41 percent.
The poll also found voters split on extending the Bush tax cuts scheduled to expire at the end of the year.
The White House meeting to discuss reducing the federal deficit and other issues, originally set for Thursday, has been postponed until Nov. 30.
No one scheduled to attend - Obama or congressional leaders - fares very well with voters in the national poll:
*Voters disapprove, 49-44 percent, of the job Obama is doing, statistically unchanged from his 47-44 percent disapproval, his lowest grade, in a Sept. 9 Quinnipiac survey.
*They disapprove, 63-27 percent, of the job, congressional Republicans are doing.
*They disapprove, 66-27 percent, of the job Democrats in Congress are doing.
On the Bush tax cuts:
*35 percent say the cuts should continue for everyone.
*43 percent say they should continue only for households earning less than $250,000.
*14 percent say all tax cuts should expire.
“President Barack Obama’s job approval is an ominous measure of his problems with American voters,” Peter Brown, assistant director of the Quinnipiac University Polling Institute, said in a press release.
“He does poorly among white, older voters, men, political independents and those who earn more than $50,000 a year.”
The telephone poll, conducted by live interviewers, was taken Nov. 8 through Monday, Nov. 15, with 2,424 registered voters nationwide and has a margin of error of plus or minus 2 percentage points.
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