Lost Cause
It's a wrap!
- Joined
- Oct 7, 2001
- Posts
- 30,949
Thank the godz for a little common sense, and resistance to the new neo-nazi health police! Whether you smoke or not, the right to choose what you want to do should be an "off-limits" subject by the new controllers of unacceptable behavior. Don't give me that second hand smoke bullshit, it doesn't stand to unbias scrutiny, it's a fabrication of stats, and test environments! The Europeans conducted a 15 year study which found NO appreciable effects from second-hand smoke, so give it up, mind your own fucking business, and stay out of other people's lifestyles.
COLUMBUS, Ohio (AP) -- Local health boards in Ohio have no authority to ban smoking in all public places, including bars and restaurants, the state Supreme Court ruled Wednesday.
In a 6-1 ruling, the court called the goals of anti-smoking activists well intentioned but said state law does not allow them to overrule the Legislature, which exempted bars and restaurants.
``We refuse to extend by mere implication the authority of local boards of health beyond clearly stated and well-defined limits,'' said Justice Andy Douglas, writing for the majority.
The court's decision went against a ban approved in June 2001 by the Toledo-Lucas County Board of Health.
The ban was challenged by Arnie's Eating and Drinking Saloon, a popular sports bar.
``We've thought all along an unelected board shouldn't be able to enforce such stringent rules,'' Arnie Elzey, the owner of the Toledo bar, said Wednesday after hearing the news. ``It was not just about smoking.''
Louis Tosi, a lawyer for the bar and 26 other businesses, had argued that the power to regulate smoking rested with lawmakers, not unelected health boards. And he said lawmakers had already dealt with smoking bans in most public places in numerous other portions of state law.
``People in the General Assembly get elected, people in an agency don't,'' Tosi said Wednesday. ``This reaffirms that on major issues of public policy there has to be responsibility to the electorate.''
An attorney for the county board cited state law that allows local health boards to enact regulations ``for the public health.''

COLUMBUS, Ohio (AP) -- Local health boards in Ohio have no authority to ban smoking in all public places, including bars and restaurants, the state Supreme Court ruled Wednesday.
In a 6-1 ruling, the court called the goals of anti-smoking activists well intentioned but said state law does not allow them to overrule the Legislature, which exempted bars and restaurants.
``We refuse to extend by mere implication the authority of local boards of health beyond clearly stated and well-defined limits,'' said Justice Andy Douglas, writing for the majority.
The court's decision went against a ban approved in June 2001 by the Toledo-Lucas County Board of Health.
The ban was challenged by Arnie's Eating and Drinking Saloon, a popular sports bar.
``We've thought all along an unelected board shouldn't be able to enforce such stringent rules,'' Arnie Elzey, the owner of the Toledo bar, said Wednesday after hearing the news. ``It was not just about smoking.''
Louis Tosi, a lawyer for the bar and 26 other businesses, had argued that the power to regulate smoking rested with lawmakers, not unelected health boards. And he said lawmakers had already dealt with smoking bans in most public places in numerous other portions of state law.
``People in the General Assembly get elected, people in an agency don't,'' Tosi said Wednesday. ``This reaffirms that on major issues of public policy there has to be responsibility to the electorate.''
An attorney for the county board cited state law that allows local health boards to enact regulations ``for the public health.''
