Tuesday, November 14, 2006
The Aftermath of the Passing of Issue 5
On the night of elections, the bars were packed with patrons watching the results on TV. Many who had voted yes for issue 4 in the elections puffed away at their cigarettes in a nervous cloud of smoke, conscious that every inhale of smoke was getting closer and closer to the last exhale of tar they’ll experience in an Ohio bar. Those who voted yes on issue 5 are most likely dodging smoke, waiting until the moment that the air will be cleared. Either that, or the new law will give them just another reason to quit.
Ultimately,
“This is a historic step towards improving the health of
Public Relations senior Jon Harris said he thinks the passing of Issue 5 presents a “tricky situation” for
“From a public health perspective, it's a nice step forward,” he says as he takes another drag from his clove cigarette. “But issues are bound to arise concerning where my right to smoke and my neighbor's right not to have to breathe my secondhand smoke start and end, and you're always going to have those conflicts.”
Harris is sitting at the Smiling Skull the night of the elections, debating the day’s results. He and his friends sit in an open circle at the corner of the bar sharing their first and secondhand smoke. This was just one of the first “research and interview sessions” I and my fellow Ballot Boxer, Cydney Cappello, would conduct at the smoky bars this quarter.
“I do, however, think it's an issue that has been blown out of proportion; honestly there are such better things to be worrying about for Ohio than keeping smoking out of bars,” Harris adds. “I don't think that it's something that should be regulated by the state, but folks seem to feel otherwise, and that's how it works.”
Close But No Cigar. Although the majority of the people Cappello and I spoke with were in support of Issue 5’s smoking ban, many disagreed with the law, calling it rigid.
Jeff Shultz, a regular at O'Hooley's, which has been a smoke-free bar since last March, says the fact that Issue 4 would have change the constitution scared a lot of voters, a problem that ultimately resulted in Issue 4’s close loss.
Shultz puffs his cigarette as he mumbles to us in the spacious O’Hooley’s patio, one of the few outdoor patios in the city of Athens. “It was hard trying to remember that you couldn't smoke,” he recalls of when O’Hooley’s owners first decided to prohibit smoking inside the bar last March.
As for the passing of issue 5, Shultz says, “you don't think people are going to find ways around it?”
“I'm not so much against the ban as I am of the problems that are going to come up attempting to enforce it,” Harris agrees. “There are always going to be exploitable loopholes and technicalities that will allow some businesses to sneak through, and I think that uneven enforcement has the potential to hurt bars that really try to comply with the letter of the law, but that's something we'll have to see to figure out.”
That same night, we decide to visit the dim, candle-lit ambience of the Blue Gator. Close to the bar, by the window, we find a group of Gator employees with strong opinions on the smoking ban issue.
Rachel Shick, a Gator waitress who recently quit smoking, said that she didn’t agree with either Issues 4 or 5. She said that Issue 5 could easily hurt smaller owners and cause fights on crowded streets full of smokers, while Issue 4 was too restrictive.
Rachel Schaub, an avid smoker taps her cigeratte into an ashtray. She says that making patrons leave the bar to smoke outside is an “inconvenience” to smokers who have a “personal right to smoke.”
“The government’s been taking a lot of rights away lately,” Schaub said.
We stopped Issue 4 campaigner Christopher Toothman on Court Street that night to discuss his involvement with Smoke Less Ohio and his thoughts on the ban now that it’s passed.
People are going to be smoking it up in the bars, enjoying themselves, until January, he said.
While many smokers and business-owners are weary that the new smoking-ban will hurt business and freedoms, many bar employees like smoker Laura Morehead think quite the contrary.
Cappello and I venture to Skippers, on Union Street, this same night where we find Morehead seating tables. She tells us that the passing of Issue 5 would actually help Skippers business because the restaurant and bar has a patio out back where patrons can smoke. The same goes for O’Hooley’s and other bars with patios such as Broney’s.
Morehead is worried, however, that the ban will force crowds of people smoking outside, which could cause uncomfortable crowds of “frat” boys, outside the bars, and fights. But as Harris mentioned, it comes down to where people’s right to smoke and peoples right to breathe clean air begin and end. For most Ohioans like Morehead, that thin line begins right now with Issue 5’s passing. Or at least it begins in January when the ban is set to come into action.
The smoking ban will “cut down on how much people smoke and improve health issues,” Morehead adds.
The passing of Issue 5 will also mean the reinventing of one of Athens newest hookah providers, Shishah café. Ironically, co-owner of Shishah Mark Burhans voted against issue 4, which would have allowed the restaurant to continue serving hookahs. Instead, Burhans voted in favor of issue 5, which would require Sishah to discontinue its sales of hookah services. According to the new smoking ban law, 80 percent of sales must be from the selling of tobacco products, for hookahs to be sold to customers.
Because of its popular Mideastern menu, which covers more than half of Shishah’s sales, the popular Athens hangout will transform itself to provide more upscale cuisine in place of the hookah sales.
Burhans adds that the restaurant will have to change its name, because “shishah translates to tobacco.”
“We are first a restaurant,” Burhans says. “I think this will help our restaurant business, but hookah customers will be disappointed.”
Thursday, November 09, 2006
November 7, 2006 - Decision Day
The night before election day carried a different sort of buzz, more like an urgency, as supporters of both of the smoking issues tried desperately to educate voters in the finals hours.
College Green was decorated with signs along pathways informing students about Issues 4 and 5. Although, it would seem that busy college students wouldn't notice the signs as they're running to their next class, many students were discussing the issues as they walked up and down, comparing the facts.Junior Kim Tobias, was using the smoking issues as an excuse to quit the habit.
"I'm going to vote no on Issue 4 and yes on Issue 5. Because, although I am a smoker, if I cannot smoke in public places, I will have more of an incentive to quit smoking," she said.
Tobias said that she found the two issues confusing, even second-guessing her choice when she first voted.
"My biggest deciding factor is I don't think it is fair that non-smokers should be around smokers, although it's going to stink to have to change my smoking habits," Tobias said.
Kristin Trace, another OU student, also voted yes on Issue 5.
"I think the right to breathe clean air is more important than the right to smoke where you want," Trace said.
Other students were concerned about the amendment-factor of Issue 4.
"I voted no on Issue 4 and yes on Issue 5 because Issue 4 was a Constitutional Amendment and would be really hard to change if it passed," said junior Carolyn Swabek. "I agree in people's right to smoke, but I also agree in people's right not to smoke and because second-hand smoke has been proven to be harmful to people and I think it's important to protect those rights."
Thursday, November 02, 2006
Before we even start writing about Issue 4 and 5, we want to let you know what exactly they are. Issue 4 is pushing to reduce smoking in Ohio, while Issue 5 will ban smoking in Ohio all together.
The Ballot Language:
The official ballot language, found on the Ohio Secretary of State's Web site is:
"This proposed amendment would prohibit smoking in enclosed areas except tobacco stores, private residences or nonpublic facilities, separate smoking areas in restaurants, most bars, bingo and bowling facilities, separated areas of hotels and nursing homes, and race tracks. The amendment would invalidate retroactively any ordinance or local law in effect, and would prohibit the future adoption of any ordinance or local law to the extent such ordinance or law prohibited smoking or tobacco products in anyplace exempted by the amendment."
Interpretation:
This means that a majority vote for Issue 4 would limit smoking in most public places and it would create an amendment to the Constitution of the State of Ohio, making all existing and future laws on the smoking ban defunct. (This is what the proposed amendment would look like on paper.)
Where Can I Smoke, If Issue 4 Passes?
- Separate smoking areas of restaurants
- Most Bars
- Bingo or bowling areas
- Racetracks
- Tobacco stores
- Separated areas of hotels, adult day care and nursing homes
- Facilities from which minors are prohibited
- Residences
- Privately-owned facilities that are not open to the public
An Argument For Issue 4:
Issue 4 will ban smoking in 90% of Ohio businesses. It will also give most businesses (bars, bowling alleys, bingo locations and restaurants-must be enclosed areas) the smoking option. Jacob Evans, President of the Smoke Less Ohio campaign said that Issue 4 "provides exceptions for places where there are no minor children or where a total ban would threaten the health of the business."
An Argument Against Issue 4:
Smoke Free Ohio, the campaign for Issue 5, have several reason why Ohio citizens should vote "No" on Issue 4:
- Issue 4 keeps smoke in restaurants and many public places.
- Issue 4 leaves 500,000 hospitality workers and their customers exposed to dangerous secondhand smoke.
- Issue 4 overturns smoke-free laws already in place in Columbus and 20 other Ohio cities and prevents anyone from ever passing a smoke-free law without an amendment to the constitution.
- Issue 4 is backed by Big Tobacco companies.



What is Issue 5?

While issue 4 is still pushing to reduce smoking in Ohio, issue 5 wants to ban smoking in Ohio all together.
The Ballot Language:
The official ballot language , found on the Ohio Secretary of State's Web site is:
"This proposed amendment would prohibit smoking in public places and places of employment; authorize a uniform statewide minimum standard to protect workers and the public from secondhand tobacco smoke; allow for the declaration of an establishment, facility, or outdoor area as nonsmoking; require the posting of “No Smoking” signs, and the removal of all ashtrays and similar receptacles from any area where smoking is prohibited; specify the duties of the department of health to enforce the smoking restrictions, create in the state treasury the “smoke free indoor air fund;” provide for the enforcement of the smoking restrictions and for the imposition of civil fines upon anyone who violates the smoking restrictions.”
Interpretation:
This means that a majority vote for Issue 5 would ban smoking in most public places.
Where Can I Smoke, If Issue 5 Passes?
- Private residences (except during the hours that the residence operates as a place of business involving non-residents of the private residence)
- Designated smoking rooms in hotels, motels, and other lodging facilities
- Designated smoking areas for nursing home residents
- Tobacco stores
- Outdoor patios
- Private clubs
- Family-owned and operated places of business
An Argument For Issue 5:
According to Smoke Free Ohio , the campaign for Issue 5, Issue 5 defends your right to breathe smoke-free air in all restaurants, public places and workplaces, protects all workers, families, children and seniors from the dangers of secondhand smoke and is supported by the American Cancer Society and more than 500 organizations and businesses.
An Argument Against Issue 5:
Smoke Less Ohio , the campaign for Issue 4, considers Issue 4 not Issue 5 the “common-sense smoking ban” because it would protect people from unwanted exposure to tobacco smoke, “but it doesn’t have to mean telling people how they should run their lives or their business.”
(Both Smoke Less and Smoke Free Ohio have charts comparing the two Issues, check them out!)