The Ohio Department of Heath is working to finalize enforcement rules for the state's new indoor smoking ban. Part of the process occurred today in Columbus as several dozen Ohioans testified for and against draft enforcement procedures.
More than 150 people attended the public hearing. The meeting was supposed to solicit feedback on the anti-smoking enforcement regulations that have already been drafted. But it disintegrated at times as several frustrated business owners bitterly complained that voters had passed the ban last November.
"I ask you do-gooders how you're going to feel when the government passes a law that impacts you," Parker said. "I never thought I'd see the day when a business owner lost control to voters or the government. You want our bar to be smoke free? Then buy it from us!"
Pam Parker says she and her husband bought a bar almost two years ago when patrons were allowed to smoke. Now, she says, the rules have changed.
"You're all so consumed with hatred of cigarette smoke that you want it gone no matter what the cost," she said. "Well the cost is our freedom, you fools. All of you who voted for this ban just opened the door and invited communism in."
Several owners said they'd lost money as business declined beginning December 7th when the indoor ban went into effect. A few were concerned that anonymous calls to the Department of Health's anti-smoking tip line would generate unwarranted fines and might eventually force them out of business. But Tracy Sabetta, who worked for passage of the ban, said those fears were unjustified.
"The information received is only used for further investigation," Sabetta said. "And no business owner would ever be fined just because someone made a simple phone call."
Some business people claimed the ban was unconstitutional, but Micah Berman, executive director of the Tobacco Public Policy Center at Capital University said he believed Ohio's new law would pass court scrutiny.
"Courts have consistently held that protecting people from second hand smoke is a valid use of the state's power," Berman said. "And 2.2 million of Ohio's voters were clearly within their rights to say that enough is enough and no one should jeopardize their life or their health to earn a living."
Public comment in writing can still be made to the state Health Department until 4:30 p.m., February 28th. After that the draft regulations will go to the Joint Committee on Agency Rule Review. Once the rules are finalized the state can begin issuing fines to businesses that don't comply with the indoor smoking ban.