Show #376 Airing Sunday, 2/25/07
On Election Day, this past November, you passed Issue 5 banning indoor smoking. The law went into effect on December 7, 2006. So if it's the law, why do we still see people smoking in bars, restaurants and other public places? Today I want to "clear the air" about what the law means and how it's working.
The smoking ban is pretty comprehensive because it's designed to protect people from second hand smoke. So the law prohibits smoking in buildings open to the public and in places where people work. This even applies to your car if you're talking business on the cell phone, and you have a passenger.
The law requires employers and businesses to remove ashtrays and to post no smoking signs. Smoking is not only banned inside buildings, but also outside buildings near entrances and exits. And building owners and managers must make sure that smoke does not enter through windows, doors or ventilation systems.
Where can smokers legally puff away? There are a few places left. For example:
- you can smoke outside on the patio of your own home.
- And you can smoke inside your own home, as long as your home is not used for a business with outside employees.
- Hotels are allowed to set aside up to 20% of their rooms for smokers.
- Family owned businesses can allow smoking if they employ only family members, and if smoking is allowed only in areas which are not open to the public.
- Private clubs with no employees may allow smoking.
And here's another "enlightened" policy. In nursing homes, employees cannot smoke, but residents can! I don't understand that. Could it be that the state is willing to let older and sicker folks smoke in hopes of keeping the state's Medicaid costs down?
What happens if you smoke in violation of the law? You'll be fined $100. If you think the cost of cigarettes is high now, try adding that to your budget!
And businesses that don't firmly enforce the smoking ban are subject to even higher fines, up to as much as $2500 per violation.
Now here's the riddle. If the law is so comprehensive, and both smokers and businesses can be fined for breaking the law, why do we still see people smoking in bars, restaurants, offices, and many other places?
Even though the law was supposed to be effective last December 7th, the Ohio Department of Health cannot levy any fines until they issue final rules detailing the penalties and enforcement mechanisms. Ohio has issued proposed regulations, but the Department of Health has until June to finalize the rules.
Until that date, the law is in effect and is supposed to be followed, but there's no penalty or enforcement. And that's created a real problem for businesses that want to do the right thing. If you're a restaurant or bar owner, and you follow the law by forbidding customers to light-up, you could lose business. Especially when the bar owner next door is happily breaking the law and letting his customers puff away.
It's ridiculous to have a law go into effect, tell people they're supposed to follow it, but then have no way to enforce it. This situation punishes the good people who are just trying to play by the rules.
