LAW/BLOGGING: From the anti-smoking law debate...

From the old blog... This was put out by my friend DJ Joey around the time we were debating the anti-smoking amendment here in Ohio...

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Issue 5 -- Smoke Free Ohio -- and why it's wrong

(stolen from Joey Nicholson -- aka, DJ Joey -- fast becoming one of my favorite people in this city :-))

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Obvious problems with Issue 5 (Ohio)- the State's Smoke-free Workplace initiative. I'm sure there's much more than what's stated here :::::::: (for those who are not ohioans, in November, we voted on a 2-1 margin to enact a law banning smoking in any place anybody is employed, superceding any local laws... this includes bars and restaurants; a few days ago we got word that it may be unenforceable due to the fact that there were no rules, just the law we voted it, which is kinda silly, and there was no method of enforcements, so it technically doesn't count, but that may or may not be true; to make it worse, they even put up a SNITCH LINE for people to call in and tell on people breaking the law... no, seriously)


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1. There's NO provisions for enforcement (therefore it's not even really a law yet, just merely a suggestion). Provisions for enforcement, and the actual finalizing of the law will not occur until June 1, 2007. Therefore, Issue 5 is illegal.

2. It places unreasonable burdens on businesses that DO elect to allow smoking, within confines of the laws and ordinances of cities, villages and counties in Ohio.

3. The basis for the law is based on falsehoods and ''junk science'' ie; the Popular Lie, and has no scientific basis in fact. For example, 21 out of 22 studies commissioned by the U.S. government found NO correlation between second-hand smoke and lung cancer. The only study that ''found'' this link only had an accuracy rate of around 80%, whereas 90% or greater is generally considered acceptable in scientific studies of this nature. Naturally the ''SIGs'' a/k/a/ The American Lung Society and The American Cancer Society cite this ONE study to prove their ''facts.'' It's all based on falsehoods.

4. The stipulation of ''No Smoking'' within 20/25 feet of a building entrance, window or ventilation intake in impractical and unenforceable. Again, based on junk science.

5. The requirement for *ALL* businesses, government offices, etc. to remove *ALL* ashtrays from anywhere near building entrances and in all public places (I don't know if this includes outdoor areas where citizens are ALLOWED to smoke), will surely result in hundreds of thousands of Ohioans becoming criminals overnight, as they'll have to throw their cigarette butts on the ground, violating litter laws.

6. As more tobacco smokers take up ''chew'' to compensate for lack of legal tobacco smoking, the floors, ground, and other areas where people normally walk, and public places therein (bars, restaurants, etc.) will become a slimy mess as people spit out their chew everywhere.

a. This will result in a health hazard (spitting everywhere).
b. This will become a smelly, disgusting, slimy mess everywhere.
c. This will result in hazardous conditions everywhere, with more people slipping and falling as a result of slimy grounds.

(HINT HINT).

7. Issue 5 was purposely worded to be misleading and obfuscating, resulting in a lot of voters voting ''Yes'' when they meant to vote ''No.'' A lawsuit shall be initiated on these grounds alone to overturn Issue 5, and make it illegal to have ''No means Yes'' and ''Yes means No'' questions on ANY ballots in Ohio, ever again.

8. Issue 5 will result in a loss of revenue in those establishments that have traditionally, for 230 years, allowed smoking tobacco products; especially to ''border'' states around Ohio. This would include Kentucky, Indiana, Michigan, Pennsylvania and West Virginia. Businesses so affected shall, at their discretion, be able to sue the Ohio Department of Health for up to 10 times actual loss of revenue, according to financial statements starting in fiscal year 2006. Compensation shall be in the form of monetary payments for actual and liquidated damages. These payments shall come from the Ohio General Fund.

9. Issue 5 supercedes any city, village or county oridnance in effect in Ohio, disallowing for a municipality's sovereignity in their own affairs. For example, the Ohio Supreme Court just recently upheld differing cities bans on assault rifles as Constitutional. Therefore, Issue 5 is UNconstitutional on this basis alone. It should be overturned on on these grounds.

10. Issue 5 CANCELS ALL city, village and county ordinances, essentially meaning that NO WHERE in Ohio is ANY smoking oridiance in effect until June 1st, 2007. This could create a problem in places such as grocery stores, movie theaters, government offices, etc. as people are ALLOWED, by law to light up ANYWHERE in the State of Ohio, in ANY building.

11. Issue 5 is an unnecssary State issued burden for those last few places that people have traditionally been allowed to smoke. For example, in Cincinnati- smoking is allowed in pool halls, bingo halls, most bars, restaurants, nightclubs, and other ''adult'' entertainment venues. The provision in establishments that serve food is that there's separate smoking and non-smoking sections, with adequate ventilation to keep the smoke out of food preparation areas and non-smoking sections. This has been a workable compromise between smokers and non-smokers rights. Issue 5 interferes and unfairly burdens that compromise.

12. Issue 5, with the ''Snitch Line'' and provisions for fines ranging up to $2,500 per violation against the business owners, goes against all common sense in determining ''punishments equal to the crimes.'' For example, a typical liquor violation results in a fine of up to $500, a more grevious offense against the permit holder than allowing tobacco smoking.

13. Issue 5, in stipulating that smoking is not allowed in any work situation, including 18-wheeler trucks, cabs, or any vehicle used in business; is unworkable, unenforcable and unconstitutional. It intereferes with quiet enjoyment of personal property as well.

14. For the above reasons and those not listed, Issue 5 violates Due Process.

15. For the above reasons and those not listed, Issue 5 is unconstitutional.


Welcome to 1984.
All Your Rights And Tobacco Are Belong To Us.

OHIO/CINNKY: Smoking Ban Loophole

TY got really excited over on the facebook when he found an article out of Minnesota about bar owners finding a smoking ban loophole -- saying that you are allowed to smoke if you are part of a theatrical performance. By dubbing everyone "actors," and the night a "theatre night," the bars started allowing limited smoking... apparently without problem.

The bar owners are practical -- "It increased my business," one said. Of course, the anti-smokers are already trying to close the loophole.

I think, first off, it creates some interesting philosophy of identity discussions -- aren't we all actors upon one giant stage, a la Shakespeare? But I can just see the movie scene: our well-dressed, dapper hero (think Keanu Reeves) enters a dimly lit, rural bar. Everyone is smoking. He asks the rough and tough grimy bartender (think Larry the Cable Guy, but, instead of funny, you meet him drunk in a back alley), tatoos up his hairy arms, what's happening, and the man responds gruffly: "We're actors. We're putting on a play. Can't you see?" Cue music: DANCING QUEEN.

Anyways, so I got really excited too, and went to find the Ohio smoking law (WARNING: PDF FILE), and there is not a similar loophole here. Sad :-(

The only exceptions to the smoking law are:

1) Private residences (but only if no employees are present)
2) Hotel and Motel smoking rooms
3) Family-owned businesses where all employees are family and the public is not welcome???
4) Nursing homes (somewhat -- fun story, employees of nursing homes can refuse care in smoking sections of nursing homes??? that's pathetic)
5) Pre-existing (before the law enacted) tobacco stores
6) Outdoor patios
7) Private clubs with no employees (so the freemasons...?) that are non-profit

It's actually a really tight, well written law.

CINCY GAY SCENE: Bar Closings

It's sad to say...

The Ohio Smoking Ban may have claimed its first victim. My dear, dear, favorite lesbian bar in the world, Bullfishes, is, indeed, closed. Donna was a dear friend and used to be my landlord. It is sad to see it go. What makes it even worse was the suddenness of it. No one knew it was happening, she let it go peacefully without a goodbye party.

I spent many Tuesday, Wednesday, and Thursday nights there. Rarely there on Fridays or Saturdays, but I will give it up for that fabulous Pink Dress Show back in February that raised $750 for Breast Cancer charities.

*sigh* It's sad to see you go, Bullfishes.

Also, per the QCityNews blog (http://qcitynews.blogspot.com/2007/11/northside-gay-and-lesbian-bars-for-sale.html), it appears another one of my favorite hangouts is for sale, the Serpent. Listing price at a million dollars. Now, I've had an AWFULLY good time at the Serpent, and I really hope it will be around at LEAST for their fabulous New Year's Eve clothing optional party, but I don't think (nor does QCity) that it is work $1m, even with the rentable space upstairs. The $200,000 price sounds reasonable, but Anthony and Ford have put years and years and years of their life into that business, I'm sure there is a huge personal attachment to it. I'm almost afraid that, should the business change hands, the cops will raid the place like crazy and close down what every one goes on at Serpent for good... which, btw, would ultimately destroy the business and destroy the Northside gay scene.

Where does that leave BronZ? Or, Club BronZ (I really do need to clean up my "labels")? Well, reported to my ear from one of the best bartenders in town -- a slight uptick in business. Of course, I'm sure much of that is due to the fabulously sociable attitude Brad and John have put out there, along with the fantastic work of DJ Waves in the production of the multiple karaoke nights. It doesn't hurt, also, that it's one of the few bars in town where you can sit at a bar and have a cigarette, there on the back patio. (The owner of Little Bit Bar was scathing in her attack of their patio, as it is really kind of enclosed, but open still. Please, let us just have one place to smoke and drink. You non-smokers have enough places in town.)

See, everyone is driving across the river. I have been in Rosie's and Yadda a few times, but they have been jumping since the smoking ban occurred over here. It really annoys me that the rest of the state, and the locals, can be so callous towards local business. After all, what Cincinnati really needs, is another reason not to hang out in it.

Has anyone wondered how long this Dock/Adonis thing can go one? Rumors are flying as to which one will go first. My money, actually, is on Adonis. I think they would have been long gone had it not been for Penny Tration and her amazing abilities as the most fabulous queen in town. Of course, I would not have put money on Bella Dolce, but she seems to be holding her own. I always liked her personally, I would have never thought she could handle that big of a venue, but she's proven herself quite well on a microphone.

And finally, Below Zero? Seriously. I don't understand the crowd. Do we need two uppity gay bars in town? Universal Grille is bad enough; I've not even been to Below Zero and I already hate it. :-) But I'll go soon, Nigel, and give you a fairer review, I promise.