Smoking ban temporarily lifted as of April 19
 
03-23-2006
Kathleen Folkerth

DOWNTOWN AKRON - Summit County's Clean Indoor Air Ordinance has been delayed until Jan. 1, but the delay doesn't go into effect until April 19. That means businesses in the county, with the exception of those in the municipalities of Akron, Cuyahoga Falls, Norton and Barberton, which have chosen not to enforce the county's ordinance and have their own ordinances in place, will remain smoke-free for another month.

The ordinance, which banned smoking in most public places, was approved by council in the fall and took effect Feb. 28.

The delay, sponsored by Summit County Council members Daniel Congrove (D-District 6) and Michael Callahan (R-at large), was approved at the March 20 council meeting by a vote of 6-5. The 30-day period before the legislation takes effect is due to the lack of eight affirmative votes.

Before the vote, council members against the delay tried to look at the bright side of what has been accomplished in the month since the new ordinance took effect.

"I am encouraged by the support," said Pete Crossland (D-District 4), who introduced the legislation for the Clean Air Ordinance in October. "A lot of progress has been made."

"At least it helps employees of establishments where it is being enforced," said Council President Clair Dickinson (D-at large).

Tom Teodosio (D-District 2), who has been an opponent of the ordinance, praised businesses that have gone smoke-free but reiterated his problems with the ban.

"A number of municipalities did not choose to enforce the law," he said. "In my view, it's not being applied fairly."

He also stressed that the ordinance has not been rescinded, just delayed while an effort to make the state smoke-free is under way. SmokeFreeOhio, the organization heading up the statewide effort, will begin collecting signatures in May to get the issue on the November ballot.

Voting in favor of delaying the ordinance were Congrove, Callahan, Teodosio, Paul Gallagher (D-at large), Nick Kostandaras (D-District 1) and Paula Prentice (D- District 8). Those against the delay were Crossland, Dickinson, Tim Crawford (D-District 7), Louise Heydorn (R-District 3) and Cazzell Smith (D-District 5).

Earlier in the meeting, council heard first reading of legislation proposed by Dickinson that would restore the county's previous Clean Indoor Air Ordinance, which was established in 1988, while the new ordinance is delayed.

Also during the meeting, council passed a motion to officially apologize for remarks made via e-mail by County Executive James McCarthy to a California woman and others who wrote him and other county administrators about conditions at the Summit County Animal Control agency.

There was no discussion on the motion, which was being used for the first time since a charter amendment was approved by voters in November. Previously, council could only vote on resolutions or ordinances.

The motion states that "the County Executive does not speak on behalf of other county elected officials" and that the council "apologizes for the County Executive's intemperate and offensive comments made in response to criticism ... and urges that he do the same."
The motion passed by a vote of 6-5, with council members Crossland, Gallagher, Dickinson, Heydorn, Kostandaras and Prentice voting in favor.

McCarthy was not at the meeting but in a phone interview the following day he said because of the motion he does not plan to support Dickinson and Gallagher, who are running for judge this year, and Crossland, who is planning to try for one of the at-large seats on council.

"It's political grandstanding," McCarthy said.

Council also approved all routine legislation unanimously agreed to by committee, including: • the reappointment of Nancy Csonka and the appointments of Lisa Holland-Toth and Edward Plotts to the Humane Commission. The ad hoc group was formed in 2004 after a negative evaluation of the Summit County Animal Control.

The three were up for appointment late last year, but the legislation was withdrawn by McCarthy. Meanwhile, council recently voted to have the National Animal Control Association return to update its assessment of the facility; and

• the awarding of grants to the Akron Community Service Center and Urban League ($100,000), Akron Art Museum ($100,000), The Ohio State University Extension Services ($110,300) and the Ohio & Erie Canal Corridor Coalition ($125,000).

Summit County Council is scheduled to meet for committee meetings March 27 at 4:30 p.m. in council chambers on the seventh floor of the Ohio Building, 175 S. Main St.        

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Council votes to put countywide smoking ban on hold

Mar. 21, 2006

AKRON, Ohio - A countywide indoor smoking ban was put on hold by Summit County Council because of enforcement issues and a possible statewide ban that would supersede the county law.

The county ban, approved in November and implemented last month, was opposed by mayors in Akron, Cuyahoga Falls and Barberton who said it did not apply to their cities. Some bar owners have sued the county, challenging the Clean Indoor Air Ordinance.

The ban, which will come off the books next month, was intended to outlaw smoking in bars, restaurants and the work place. Some bowling alleys, race tracks, private clubs and hotel rooms were exempt.

County council members, in a vote Monday, decided the previous indoor air law, passed in 1988, would remain in effect. That law permits smoking in bars and restaurants with fewer than 50 seats, and in establishments with separate smoking areas.

Supporters of a statewide indoor smoking ban have turned in enough valid signatures to put the issue before lawmakers. If the Legislature fails to act by May 3 or introduces a bill that significantly changes the proposal, supporters can gather a new round of signatures to put the proposed law before voters in November.       

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Smoking ban may soon be doused

Mar. 19, 2006
Kymberli Hagelberg           

Cuyahoga Falls Mayor Don Robart is a nonsmoker who says he runs eight miles every day. A year ago, he banned smoking on the job for city employees. Since then, municipal buildings including the Natatorium have gone completely smoke free.

Yet Robart is one of two big-city mayors in Summit County who virtually ensured the defeat of the countywide smoking ban by refusing to go along with it.

Welcome to the complicated politics of the ill-fated Summit County Clean Indoor Air law.

The smoking ban was originally sponsored by Summit County Executive James B. McCarthy and council members Pete Crossland, D-4; Paul Gallagher, D-at-large; Nick Kostandaras, D-1; Louise Heydorn, R-3; Cazzell Smith, D-5; and Council President Clair Dickinson, D-at-large. But the ban has been hovering between life and death since its passage in November when Cuyahoga Falls and Akron said their own laws that permit smoking areas took precedence.

When the county measure took effect in late February, it suffered from anemic enforcement and pressure from tavern owners who took their fight to court.

On Monday, barring a surprise, the law will be put out of its misery by the same council that once widely touted it.

The vote to postpone enforcement will likely go this way: Tom Teodosio, D-2; Paula Prentice, D-8; Tim Crawford, D-7; Kostandaras; Gallagher; Michael Callahan, R-at-large; and Dan Congrove, D-6, will vote yes, which will postpone the county ban until next January. Crossland, Smith, Heydorn and Dickinson will vote no.

Recent discussion

Last week, the county council members listened to speaker after speaker try to save the ban.

They were applauded for their bravery in passing it and admonished for not standing by it.

Though obviously conflicted, it was clear the council had judged the ban beyond saving, setting Monday for a final vote.

``I think we sparked something good,'''' Teodosio said... ``I still support a smoke-free Summit County, but what we have is an ordinance that is unequally applied throughout the county. That''s not fair.''''

Despite hospital endorsements, thousands of signatures of support and voluntary compliance from a growing list of restaurants, critics said the ban was doomed from the outset.

Exemptions for some hotel rooms, bowling alleys, private clubs and a race track that straddled Summit and Cuyahoga counties won enough votes to get the initial version passed, but fueled a widespread notion that the law was unfair to some businesses, particularly in townships.

Another blunder was that mayors of home-rule cities can decide whether to follow a county law -- and smoking ban organizers never sought their help.

That misstep cost the support of Gallagher and Kostandaras. ``Some of us acted without all the information we needed,'''' Kostandaras said. ``We were led to believe they would follow.''''

Robart said he wasn''t approached before the County Council voted. ``I don''t know if they went to see Don Plusquellic, either. I don''t think (organizers) realized they had no jurisdiction on us.''''

The list of cities that opted out grew to include New Franklin and Barberton. About 300,000 residents, more than half of Summit County, lived in areas where they were told the ban would not apply. ``It was an unlevel playing field,'''' Robart said, adding he would ``wholeheartedly support'''' a statewide ban without exemptions.

Alternate solution

Mayor Plusquellic and the Akron City Council recently passed a resolution to favor a statewide ban. The mayor also floated an alternate plan he said had the support of downtown bar and restaurant owners that would allow smoking after 9 p.m.

Gallagher, a 22-year council veteran, said he can''t remember ever running county legislation past a municipality, but he also never expected Akron to opt out.

``I don''t believe what we''re faced with right now is a health issue... Is it our duty,'''' he asked, ``to enforce this in Fairlawn and not in Norton? That''s a violation of our duty to regulate fairly.''''

In the week before the ban took effect Feb. 27, 10 businesses, including Perkins Square Health Clinic, sued the council, claiming the law was unenforceable, and winning the businesses temporary protection from the law.

David A. George, vice president of Bell Music, whose clients own a large number of local bars and restaurants, formed the Summit County Hospitality Coalition to fight the ban.

He''s happy but cautious about the pending demise of the law. ``We''re hopeful, but you never know what will happen in government,'''' George said. ``If the vote doesn''t go our way, those lawsuits will proceed.''''

The legislature is expected to take no action on language submitted to them for a statewide smoking ban, thus paving the way for nonsmoking groups to collect signatures and submit that question to voters on the November ballot.

George has said his group would fight to keep that kind of ban off the ballot. ``What we would like to see is the public given a third option,'''' he said. ``There''s a large statewide constituency that would support a ban that does not include places like truck stops, bowling alleys, bars and bingo parlors.''''

In the 21 days the Clean Air Act has been in effect, the County Health Department received 90 complaint calls.

Jill Oldham, project director for the county Tobacco Prevention Coalition isn''t waiting for a Monday miracle, but she hasn''t ruled out the chance that the words of the ban''s chief supporter could have some effect.

``It''s like Pete (Crossland) said, `May God speak to you all between now and next Monday''.''''

``I also appreciated what Clair (Dickinson) said, even though I knew things probably weren't going our way. I really felt it was the most thoughtful discussion they had about this. But it was like speaking kindly of the dead,'' Oldham said. ``In the end that doesn't do too much.''            

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Divided committee says 'delay smoking ban'

03-16-2006
Kathleen Folkerth

DOWNTOWN AKRON - A divided Summit County Council Committee-of-the-Whole voted March 13 to recommend delaying the effective date of the county's Clean Indoor Air Ordinance.

The ordinance, which bans smoking in most public places, went into effect Feb. 28. The full council will vote on the delay at its meeting March 20. If passed by the full council, the delay would move the ban to Jan. 1, 2007. Currently, there is an initiative to put a statewide smoking ban before voters on the November General Election ballot.

During public comment, six people addressed council, all against the legislation to delay the smoking ban.

Jill Oldham, of the Summit County Tobacco Prevention Coalition, said businesses are reporting brisk business since the ban went into effect. One Hudson restaurant owner told her the favorable comments he's received regarding the ban have outweighed the negative five to one.

"I urge you to stay the course," Oldham said. "The hard work has been done here. Don't let it go up in smoke."

Council member Tim Crawford (D-District 7) moved for time. Council members Louise Heydorn (R-District 3), Pete Crossland (D-District 4), Cazzell Smith (D-District 5) and Clair Dickinson (D-at large) voted with Crawford, but the motion failed 5-6.

After Councilman Michael Callahan (R-at large) made a motion to recommend approval of the delay, members discussed the ordinance and the reasons behind their votes.

"I'm still not convinced that we shouldn't immediately enforce the smoking ban," Smith said.

Paula Prentice (D-District 8), who opposes the ban, said her part of the county is different than others.

"I am voting for my constituents," Prentice said.

"I'm also voting in the best interest of my constituents," Smith replied.

Tom Teodosio (D-District 2) said the county would not be in the situation it is in now if council had stuck to a total ban of smoking rather than making exceptions for racetracks, bowling alleys and private clubs. Also, after the ordinance was originally approved, the communities of Akron and Cuyahoga Falls said their own laws superseded the county's.

Several bars have sued the county - including Montrose's On Tap and Brubaker's - and county judges have allowed them to disregard the ban while the effective date was being discussed by council.

Crawford and Crossland questioned whether Akron's and Cuyahoga Falls' claims are correct. Crawford said he is awaiting an opinion from Summit County Prosecutor Sherri Bevan-Walsh's office that will state whether or not a stronger ordinance prevails when there is a county and city law.

Dickinson, council's president, said he was not happy to see the delay come before council because the issue has been a divisive one. The legislation was sponsored by Callahan and Dan Congrove (D-District 6).

"When I voted for the [original] legislation, I knew what I was doing," Dickinson said. "It will be an embarrassment to Summit County if this current legislation passes."

The vote to recommend approval of the delay was 6-5, with council members Callahan, Congrove, Teodosio, Prentice, Nick Kostandaras (D-District 1) and Paul Gallagher (D-at large) voting in favor.

During the Personnel and Intergovernmental Committee meeting, the committee recommended approval of the reappointment of Nancy Csonka and the appointments of Lisa Holland-Toth and Edward Plotts to the Humane Commission. The ad hoc group was formed in 2004 after a negative evaluation of the Summit County Animal Control.

The three were up for appointment late last year, but the legislation was withdrawn by County Executive James McCarthy. Meanwhile, council recently voted to have the National Animal Control Association return to update its assessment of the facility.

The commission hasn't met in a year, according to meeting records submitted by Csonka, who said two members of the five-person commission re-signed when their appointments were up last June and another had not been heard from.

"This is a very important commission that should be meeting regularly," Teodosio said. "It's really disappointing. What good can they do?"

Heather Nagel, who founded animal rescue group Heaven Can Wait, said she has contacted McCarthy about her interest in serving on the committee but received no response.

Law Director Karen Doty, representing McCarthy's office at the meeting, said she knew of no plans by McCarthy to submit a name for the fifth slot on the commission.

The committee considered taking time on the issue, but Heydorn moved to approve the appointments.

"We're caught on the edge of a dilemma," she said. "The bottom line is we need to do something. We need to have a group."

Council's Rules Committee discussed for the first time legislation proposed by Callahan and Congrove that concerns scrap dealers who are accepting copper piping that is usually scavenged from homes that have been abandoned or are being rehabilitated.

The committee heard from Sgt. Thomas Brown, of the Akron Police Department, who said he is planning to approach the city of Akron about enacting a piece of legislation in line with what the county proposes.

Brown's proposal would have scrap dealers require identification of all those who sell scrap. The transaction also would be recorded on cards or in a ledger, with those being collected by police and input into a database, so tabs could be kept on who is selling the scrap and how often.

In addition to copper pipes, Brown said manhole covers and water meters are also scavenged and brought to scrap yards.

The Finance Committee recommended approval of a $100,000 grant to the Akron Community Service Center and Urban League for its new facility, to be built at the corner of Vernon Odom Boulevard and Rhodes Avenue. Urban League President and Chief Executive Officer Bernett Williams said construction is set to begin May 1.

The committee also recommended full council approve grants to the Akron Art Museum ($50,000), The Ohio State University Extension Services ($110,300) and the Ohio and Erie Canal Corridor Coalition ($125,000).

Council is scheduled to meet March 20 at 5:30 p.m. for caucus and 6 p.m. for the council meeting in council chambers on the seventh floor of the Ohio Building, 175 S. Main St.

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County-wide Smoking Ban Could Be Repealed

March 1, 2006
Brian McIntyre

Ohio's first county-wide smoking ban has taken place in northeast Ohio, but just three months after making the ban, officials of the Summit County Council are considering new legislation to repeal it.

The Summit County Clean Indoor Air Ordinance is a ban on smoking in many county businesses, including bars, restaurants and some hotel rooms. It took effect on Tuesday.  For now, some places will not have to worry about enforcement.

Officials will decide in about three weeks, but some bar owners are not waiting for the outcome of that vote.

One bar and grill and six other taverns have come to an agreement with Summit County. For them, the smoking ban won't be enforced on their business until the council decides whether to repeal it.

"State law permits them to allow their customers and their invitees to smoke," said Chris Tipping, a bar owner's attorney.  "In complying with this law, our clients face the absolute threat of losing business."

Akron and Cuyahoga Falls plan to ban the ban from their bars and restaurants.  But owners of establishments in townships say that gives bars an unfair advantage because they don't have the legal power to make the same decision.

"That's 60 percent of Summit County, plus or minus one percent, so it's not a fair ordinance," said Brad Hynde, co-owner of Just One More Bar and Grill.  "We will lose easily 35, if not up to 50, 60 percent of our business."

Lawsuits argue that the law unfairly burdens townships.  Cities such as Akron, Cuyahoga Falls, Norton and New Franklin say their municipal laws allow separate smoking bans.  Barberton City Council passed a last-minute law on Monday to exempt itself from the ban.

"They should allow bars to have smoking; there should be a place," said Joyce White, an area bar patron.  "Smokers pay extra taxes on their cigarettes to go toward different things for the cities, so they should be allowed to smoke."

Opponents of the all-inclusive smoking ban say it's a matter of economics.

"There's lives; there's thousands and thousands of jobs," said David George of the Hospitality Coalition.  "Ten percent of the workforce works in the hospitality industry.  There's thousands of jobs at stake here."

The biggest issue at hand, however, is that customers will stop frequenting the bars that have to honor the smoking ban.

One bar patron said, "If I had the option of having a cocktail with a cigarette or having one without, I'm gonna go to the place that allows me to smoke."
    
The county council is expected to decide whether the smoking ban will remain or be postponed until next year. A vote is scheduled for the March 20th.     

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Lawsuits nip smoking ban for eight

Mar. 01, 2006
By Kymberli Hagelberg
Beacon Journal staff writer

On Fat Tuesday, the first day the smoking ban officially took effect in Summit County, there were ashtrays beside bowls of jambalaya on the bar at Just One More Bar and Grill in Springfield Township.

Brad Hynde's bar is among eight businesses and nonprofits that have won temporary exemptions from the Summit County Clean Indoor Air Ordinance, a ban on smoking in many county businesses, including bars, restaurants and some hotel rooms.

``We have our `get out of smoking jail free card' for right now,'' Hynde said Tuesday after learning of the deal between his attorney and the county. ``This is just a small step in the overall fight.''

The lawsuits against County Council claim the law unfairly burdens townships, since cities including Akron, Cuyahoga Falls, Norton and New Franklin contend their municipal laws allow separate smoking bans. Barberton City Council passed a last-minute law Monday to exempt itself from the ban.

The understanding reached by the prosecutor's civil division on behalf of County Council states that the law won't be enforced against Hynde's tavern and the six co-plaintiffs in the lawsuit: Bocassio's Sports Pub, Pat Dee's, the Montrose Brubakers, Beer Belly Deli, Sir Dudley's and the Loose Moose without written notice. Last week the Chapparells drum and baton corps won the same pass in a lawsuit that claimed harm on the same grounds.

The pacts are meant to buy time for the businesses until council decides whether the smoking ban will remain or be postponed until next year, when many think a statewide smoking ban will be passed. A vote on the delay is scheduled for the March 20 County Council session.

If the ban isn't delayed, Hynde's attorney Chris Tipping said they'll go back to court to ask the judge to declare the law unenforceable.

Approximately 8,000 businesses not covered by the lawsuits in the jurisdiction of the Summit County and Barberton health districts last week received no-smoking signs and a letter advising them to post the signs and remove ashtrays by today. The signs advise patrons to call 330-926-5640 to report illegal smoking.

Health department authorities said the ban would be complaint driven, and would consist of warning letters for the first two violations. The health department says a stronger response would follow the third violation, but the specific steps have yet to be determined.

The smoking ban was passed by council in November. It calls for a misdemeanor charge against the smoker or the proprietor, with a $150 fine. Repeat offenders could face a $250 fine.

Thomas Loepp, the Chapparells attorney, had asked for an accord that would shield all county businesses from the law until council voted. ``I don't know why they wouldn't do a blanket deal,'' he said. ``I can't imagine there won't be more people asking the same question.''

County Council President Clair Dickinson, said approving the compact limited only to the parties in the two lawsuits was a practical measure since those groups could have received a preliminary injunction that would remain in effect long after council voted whether to postpone the ban.

``I consider this very important,'' Dickinson said. ``If the current legislation (to stall the ban until next year) fails, we would defend it in court at that point.''

Although municipal support for the ban seems to be crumbling, proponents say residents continue to be supportive of the smoke-free idea.

``All day I have been getting e-mails from people who are excited about this, even if it lasts only for a brief period,'' said Jill Oldham, project director for the Summit County Tobacco Prevention Coalition.

Oldham's group gathered thousands of signatures in support of the ban and has compiled a list of smoke-free bars and restaurants at http://www.smoke-freecommunity.org/.

``We have been encouraging our supporters to let their elected officials know what they want. Smoke-free air might be a temporary thing; if they're upset, they need to speak up.''
 
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Smoking Ban Goes Into Effect Today In Summit County
 
February 28, 2006

AKRON, Ohio -- Ohio's first countywide smoking ban takes effect today, but there are questions about its future.

Indoor smoking is outlawed in Summit County, except in private homes.

Akron and Cuyahoga Falls are not included.

Several restaurants have filed lawsuits and received exemptions.

Some members of Summit County Council have started the process to get the ban repealed until a different version can be written.

WEWS reported those on council in favor of the ban said even if a temporary delay is issued it only postpones the invevitable.

"Most people want this and it's going to happen, it's going to be like the seat belt law it's going to happen slowly but I think it's on its way," said Pete Crossland, of Summit County Council.

The earliest County Council could vote to repeal the new ban is March 20.

In a separate unrelated move, Akron General Hospital announced Monday that beginning July 4, there will be no smoking anywhere on its campus.

Local health officials have distributed no-smoking signs for posting at thousands of businesses, which also have been instructed to remove ash trays by Tuesday.

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Coventry smoking lawsuit up in the air
Summit County Council may postpone public ban until 2007. Bingo group says law would be unfair

Feb. 16, 2006 
By Kymberli Hagelberg

A smoking ban in Summit County may be pushed back until the end of this year, rendering a Coventry Township lawsuit pointless for the time being.

County Councilmen Dan Congrove, D-Akron, and Michael Callahan, R-Akron, filed legislation Monday, Feb. 13, to delay the ban until Jan 1.

Congrove and Callahan now must get eight council votes before Feb. 28, the date the Summit County Clean Indoor Air Law is to take effect.

Passed 6-5 in November, the measure would make it illegal to smoke indoors virtually anywhere in the county except private homes.

But support for the legislation waned recently after cities, including Akron, Cuyahoga Falls and New Franklin, said the law would not apply to them.

``I don't think it will take effect,'' said Paul Gallagher, D-Cuyahoga Falls.

Congrove said the law would create an unfair advantage for businesses in pockets in the county where the ban would not be observed.

``My intention is to wait until the (state) legislature addresses the law or until it is put to a statewide vote,'' he said.

Private clubs were exempted from the smoking ban, so long as they could prove they never entertain nonmembers.

The Chapparells, a baton and drum corps on South Arlington Road in Coventry Township, sued last week in Common Pleas Court, claiming the ban would harm its fundraising and banquet hall business because a number of its patrons smoke while they play bingo.

Chapparells' lawyer Thomas Loepp sought to have a hearing Monday on the lawsuit postponed until the result of the vote is known.

``We don't want to find ourselves having to comply (with a ban) for even a few days,'' Loepp said, ``but if things go as we were told, then the lawsuit is moot.''

Loepp said his client is against the county action because it wouldn't apply to places that already have clean-air laws.

``The way it works, this is a township law,'' Loepp said. ``My clients also rent out a hall, and they would have to compete for customers with other areas that do not have to comply.''

The suit seeks a restraining order blocking the ban and declaring it unlawful. It also seeks damages to the Chapparells for lost income.

The case was assigned to Judge Marvin Shapiro; no hearing has been scheduled.

Pete Crossland, D-Akron, the chief proponent of the smoking ban, said he would support a delay only if the time is used for ``serious discussion'' of the issue.

``I don't think you need to have 100 percent agreement, but certainly you need Akron and Cuyahoga Falls,'' Crossland said.

In the interim, Crossland hopes restaurants will voluntarily take part in the ban. Luigi's restaurant, an Akron landmark, announced it would adopt a no-smoking policy March 1.

``Luigi's is leading the way, but I think there is overwhelming support,'' Crossland said. ``I would encourage customers to speak up and tell other restaurants they want this law.''

The County Council's next regular meeting is March 6, but it could call a special meeting before then to act.
 
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Summit County smoking ban could get delayed

2/14/2006 

AKRON -- Summit County's indoor smoking ban due to go into effect two weeks from today could get delayed until next year because of opposition from Akron and other communities.

Two county lawmakers have introduced legislation to delay the ban until January 1st.

Akron and at least two suburban communities plan to opt out of the ban. Backers of the delay say restaurants in communities that opt out would have an unfair advantage.

The ban would cover most indoor smoking, except for private homes.

A smoking-ban backer says he might support a delay if it leads to a serious debate. 
          
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Smoking ban calls tracked down

Jan. 31, 2006
John Higgins

A North Dakota group is apparently behind the calls being made to Akron residents over a potential smoking ban.

Akron residents are receiving calls from the group, which then transfers them directly to Akron City Council, where citizens can express an opinion on the Summit County smoking ban.

It all started late Thursday afternoon, when the clerk's office received about a dozen calls.

By the time staff came in Friday morning, the voice mail already had 16 calls and by 1 p.m., another 200 calls were received.

Residents thought someone from the city called them. The initial pitch was neutral, merely informing them that the Akron City Council was considering enacting the county ban, set to take effect Feb. 28.

John Valle, clerk of council, thought the pro-ban folks might be behind it, and he sent an e-mail to consultant Leo Jennings, who works for the Summit County Tobacco Prevention Coalition.

Akron officials say Jennings visited City Hall to assure both Valle and city Communications Director Mark Williamson that he wasn't behind it. Jennings couldn't be reached Monday for comment.

Valle said Council President Marco Sommerville called David George Jr., president of the Summit County Hospitality Coalition, which represents bars and other businesses opposed to the ban. George assured him he wasn't behind it, either.

``It has nothing to do with us,'' George said Monday. ``We have no idea what those are about.''

He said that other ban opponents have shown up from outside the area, although he doesn't know them by name.

George said the tactic doesn't make much sense from his perspective because city there are more nonsmokers than smokers for callers to reach if they're just making random calls in the city.

``For someone from our side doing that, they're taking a big risk sending a blind call into a governmental office,'' he said.

The calls to the council clerk's office started again Monday, this time asking for specific council members.

Council aide Connie Genevish answered most of the 100 or so calls herself because deputy clerk Cheri Prough had the day off. Valle took several calls too.

``It was a crazy, crazy day,'' Genevish said. ``I'd hang up on one, then they'd ring two (phones) at the same time.''

Although residents were confused about why they were talking to the council, she said, they volunteered an opinion anyway.

The calls would come in as a three-way call with Genevish, the resident and the person who initiated the call to the Akron resident on the line.

Genevish was able to talk with a supervisor on one of the calls and the man said he was with a group called Smokers Rights and that he was calling from North Dakota.

``He wouldn't tell me who hired them,'' Genevish said.

Both Akron Mayor Don Plusquellic and Cuyahoga Falls Mayor Don Robart have said they won't enforce the county ban in their cities because they already have less restrictive ordinances that trump the county's legislation.

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Summit council members already talking about smoking ban repeal
 
1/4/2006        

AKRON -- In the Akron area, some are having second thoughts about Ohio's first countywide smoking ban.

Summit County's law takes effect at the end of next month and prohibits smoking in most workplaces, including restaurants and bars. It was approved by a narrow six-to-five in November, and now two council members who voted in favor are indicating they're open to repealing the law.

It has already drawn complaints because officials have said only some establishments will have to abide by the ban, while others won't. That's because cities within Summit County are allowed to enforce their own less restrictive laws permitting smoking.

Councilman Paul Gallagher calls the law "patently unfair" in its current form.

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First countywide smoking ban is drawing fire
Summit councilmen have second thoughts

Tuesday, January 03, 2006
Steve Luttner
Plain Dealer Reporter
Ohio's first countywide no-smoking law may be headed for repeal.

Summit County's ban on smoking in restaurants and bars narrowly passed by a 6-5 vote in November, and less than two months later, two county councilmen who sided with the majority say they would at least consider undoing the law.

Councilman Paul Gallagher said in an interview Monday he thinks the law should be repealed if changes aren't made within the next few months. And Councilman Nick Kostandaras said he would discuss a repeal if other councilmen want to talk about it. "I've been talking with some folks in Summit County, and they are not happy at all that we have done what we have done," Kostandaras said.

The law, which takes effect Feb. 28 and prohibits smoking in most places of employment, has triggered an outcry because of the apparent unevenness of its application.

Officials have said many bars and restaurants in Summit County cities won't have to abide by the no-smoking ordinance because cities have the legal ability to enforce their own less restrictive laws that allow smoking.

Townships don't have the ability to pass such laws. Some bar owners in the townships fear that many patrons who smoke will take their business to taverns in nearby Summit County cities that permit smoking.

"It can't survive in its present state because it is patently unfair," Gallagher said. "We didn't anticipate that municipalities would allege that they already have smoking ordinances on the books and those ordinances supersede the county ordinance."

Gallagher said supporters of the county's no-smoking law need to persuade city councils in Akron and Cuyahoga Falls to pass stronger anti-smoking laws that mirror the new county law.

He said he wouldn't hesitate to switch his vote if the county's two biggest cities don't at least propose stronger anti-smoking laws within the next few months. "I have no compunction to be that vote" that switches and sides with the five councilmen who voted against the measure, he said.

The mayors of Akron and Cuyahoga Falls have said the new county law will not be applied in their cities because they have existing indoor-smoking laws. Those laws permit smoking in taverns.

Mayors in other Summit County cities have said they are examining passage of their own indoor-smoking laws before the county law takes effect.

County Councilman Clair Dickinson, who also voted for the law, said Monday that he continues to support it. County Councilman Pete Crossland, the prime sponsor of the measure, could not be reached for comment Monday. '

Crossland has previously said bar owners who lose business from smokers would gain patronage from nonsmoking customers who would welcome the chance to have an alcoholic beverage in a smoke-free tavern.

To reach this Plain Dealer reporter:
sluttner@plaind.com, 1-800-628-6689
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One more judge for Summit

The Summit County Court of Common Pleas needs another judge, and has been requesting this from the legislature for at least six years.

We strongly urge state Reps. Mary Taylor and John Widowfield to reconsider their positions. They must decide whose interests they place first -- the citizens of Summit County who elected them or those of Alex Arshinkoff. Taylor is running for the position of auditor of the state of Ohio.
If elected, does she plan on placing the interests of unelected political bosses ahead of the interests of the citizens who elect her?
The absolute and immediate need for an additional general division judge in Summit County is recognized by almost everyone involved in our court system.
Every bipartisan study, nearly every judge in the county (Republicans and Democrats), the Republican chief justice of the Ohio Supreme Court and bipartisan groups of legislators have all spoken strongly in favor of this undeniable need. On two occasions, the Senate has unanimously passed this legislation. Only one unelected political figure has opposed it.
The legislature's last scheduled session for this year is Wednesday. If this bill does not pass, the next opportunity for a new judge won't come until 2008. If state Reps. Mary Taylor and John Widowfield are to get Summit County an additional judge, they must act now.
Russell Smith
President
Summit County Trial Lawyers Association
Akron
Dec. 12, 2005
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Mayor's office: Smoking ban will not apply to City of Akron

November 22, 2005

AKRON -- The smoking ban will not apply to the City of Akron according to the mayor's office.

Akron passed a clean air law in 1990, which the city says takes precedent over the county's law.

The Akron clean air law bans smoking in public buildings but gives exemptions to restaurants, bars, bowling alleys, and bingo halls.

"Under the Akron Clean Indoor Air ordinance, you are permitted to smoke in a bingo hall . the county ordinance, you are not," explained Mark Williamson of the City of Akron. So if that were to be challenged, our law department's opinion is that our law would prevail and you would be permitted to do this."

Williamson expects the city and county to reach a compromise. The county's law takes effect March 1st.

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Summit snuffs out smoking indoors (Summit County Ohio)

-- Smokers will soon have to take it outside more often in Summit County.

The Summit County Council narrowly passed an ordinance Monday night restricting indoor smoking, making it illegal to smoke in bars, restaurants and workplaces in the county. There is a $150 fine for a first offense.

The proposal, which passed 6-5, pitted bar owners and smokers against those who decry the ill effects of secondhand cigarette smoke.

"This will save lives," said Gene Nixon, Summit County health commissioner. "This is a courageous thing to do."

Scott Brewer, who said he owns six taverns in Summit County, said the law could force him to lay off some of his workers if revenue drops because smokers stay away.

"It will kill my business," Brewer said. Some bar owners believe that smokers will now patronize bars and restaurants in adjacent counties, where they can drink, eat and smoke legally.

The bill's passage came only after its prime sponsors agreed to restrictions.

Council agreed Monday night to exempt tobacco shops, 20 percent of hotel and motel rooms and private, nonprofit clubs. Racetracks were also excluded, and bowling alleys are permitted to have smoking lounges.

Councilman Nick Kostandaras, whose northern Summit County district includes Northfield Park, pushed for most of those exemptions.

Summit County Executive Jim McCarthy, who is a smoker, said through a spokeswoman Monday night that he will sign the ordinance into law. It is set to take effect Feb. 28.

But while supporters applauded loudly in the packed council chambers after the measure passed, the city of Akron is already balking.

Mark Williamson, a spokesman for Mayor Don Plusquellic, said an existing law in Akron supersedes the new county law. About 40 percent of Summit County's residents live in Akron, where an existing clean indoor air law allows smoking in bars.

Some Summit County Council members support an effort to get a statewide prohibition against indoor smoking. Proponents have argued that such a law would be more uniform and would not pit county against county or community against community. Supporters of statewide restrictions on indoor smoking in public places are trying to get an issue on the ballot in Ohio next year.

A statewide ban would supersede bans already in place in 21 Ohio cities, including Columbus and Toledo.

Supporters of the Summit County law say it is a step toward fighting secondhand smoke and sends a message to state lawmakers that more Ohio communities are supporting laws banning smoking inside public buildings.

http://www.freerepublic.com/focus/f-news/1526633/posts

Public packs hearing on area smoking ban

Bar owners most vocal at open meeting held by Summit County Council

Nov. 08, 2005
By Lisa A. Abraham
Beacon Journal staff writer

Summit County's proposed smoking ban will help asthmatics breathe easier, but it could choke the life out of the restaurant and bar business.

Testimony at Monday's public hearing on the proposed ban illustrated the arguments for and against the county's proposed clean indoor air law.

About 300 people -- doctors, nurses, bar owners, grandmothers and a racetrack manager -- filled the Akron-Summit County Public Library auditorium.

The proposal essentially would make it illegal to smoke indoors anywhere in the county except in private homes.

Summit County Council proposed the law, which received a second reading Monday at the council's regular meeting before the public hearing. It is expected to receive a final vote Nov. 21.

The proposal is being sponsored by seven members of council and county Executive James B. McCarthy. Their support is being tested by opponents.

Councilman Nick Kostandaras, D-Richfield, is one of the sponsors but said he would not be able to support a measure that leads to job losses in the county. Restaurant and bar owners contend they will lose business to other counties if their patrons aren't able to smoke at their establishments. If their sales drop, they could be forced to close or lay off employees, bar owners say.

Other sponsors, council members Paul Prentice, D-Green, and Cazelle Smith, D-Akron, suggested a compromise may be in order.

At the hearing, opponents of the ban far outnumbered supporters, due in large part to the efforts of the Summit County Hospitality Coalition, which rallied restaurant and bar owners.

At the microphone, however, both sides gave their views.

Mike Longhitano, owner of Longhitano's Pub & Grill in Cuyahoga Falls, said statistics on secondhand smoke won't help business owners feed their families.

``What about freedom of choice? This is America,'' he said.

Thomas Aldrich, manager of Northfield Park racetrack, asked the council to ``inject some balance, flexibility and reasonableness'' into the proposal. He said Northfield's location near the Cuyahoga County line will cause him to lose business to tracks there if indoor smoking is banned.

But Jo Ann Bedore of Stow, an asthma nurse clinician at Akron Children's Hospital, said she witnesses the effects of secondhand smoke every day at her job.

The former two-packs-a-day smoker said her child and two grandchildren suffer from asthma, and she asked the council to adopt the ban to ``protect those that are too small to speak out and protect themselves.''

``My granddaughter, who is only 4, told me she likes the idea of not smoking in restaurants, probably because we have had to leave too many restaurants because secondhand smoke began curling over a booth or streaming into the nonsmoking section we were sitting in,'' she said.

Dr. John McBride, a pediatric pulmonologist from Akron Children's Hospital, detailed the effects of secondhand smoke, particularly on children, and noted pregnant women subjected to secondhand smoke are more likely to have a child who dies from sudden infant death syndrome.

Gary Nolan, co-owner of Nolan's Bar in Cleveland, told the council that as much as tobacco lobbies were fighting proposed smoking bans, large pharmaceutical companies that produce nicotine patches and gum were fighting on the other side.

``This is not a David and Goliath fight,'' he said.

Nolan formed the Small Business Coalition in Cleveland to fight a smoking ban that had been proposed there.

Alan Perella, owner of Larry's Main Entrance in West Akron, urged council to consider a compromise, exempting bar owners from the law -- a suggestion that was met with applause.

But Carol Haas, a nurse from Kent who works in Akron, detailed her battles with asthma and told council she would like to be able to go to bar for a drink without suffering an attack from the smoke.

``Smoking is a choice; breathing is not,'' she said.

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Ban talks spark what ifs

Bar, restaurant owners fear drop in business, push for less restrictive city law to supersede county plan

November 6, 2005
By Lisa A. Abraham
Beacon Journal staff writer

Downtown Akron bar owners are hoping the city will come to their rescue if Summit County Council adopts a proposed ban on indoor smoking.

And Akron could provide the answer they are seeking.

But thus far Akron Mayor Don Plusquellic has remained silent on the subject.

If the county adopts a strict no-smoking law, any city or village in the county would be free to adopt its own laws that could be less restrictive, exempting bars or restaurants from the smoking ban.

Restaurant and bar owners, who have joined forces as the Summit County Hospitality Coalition, are expected to pack a Monday public hearing on the county proposal.

``Smoking is the nature of this business,'' said Goran Stojkoski, who owns Panini's Bar & Grill and Mango's Niteclub on South Main Street downtown.

The County Council is considering clean indoor air legislation that would make it illegal to smoke in any workplace in the county -- including bars, restaurants and bowling alleys.

A group of downtown Akron nightclub owners went to city hall last week hoping to plead their case with the mayor but got no answer.

``We are not sharing an opinion at this time, because this is still hypothetical, as far as we're concerned,'' said Plusquellic's spokesman Mark Williamson.

``We've spent millions of dollars investing in downtown,'' said Jeff Lorenzo, owner of Posh Nite Club on West Exchange Street. ``It's not fair for someone to come out and do this now.''

Regina Hanshaw, staff attorney for the County Council, said when county and city laws conflict, city laws prevail under the Ohio Constitution.

Akron Law Director Max Rothal and John Manley, chief of the civil division for the Summit County Prosecutor's Office, both said they are studying the issue.

``This is not an area where there is a lot of legal precedence,'' Rothal said.

But Micah Berman, executive director for the Tobacco Public Policy Center at Capital University Law School in Columbus, said the matter is clear.

``I don't think there's any question that if there's a conflict between county law and city law, city law prevails,'' he said.

No major drop-off proved

However, Berman said he would hope that Akron would not act to undo whatever the county enacts. He said when the city of Columbus went smoke-free, bar owners complained about a drop in business, but after a year, studies have shown that the economic impact didn't happen.

Toledo bar owners claimed that a 2003 smoking ban there caused a 70 percent drop in their businesses. Several bars in the city closed, and bar owners' cries resulted in Toledo City Council reversing itself to exempt bars from the law.

Berman, who chronicles such matters for the law center, said to date only one economic impact study was done in Toledo and it didn't show a 70 percent drop in bar business.

``There are anecdotes, stories of particular bars who were upset about it. But there has never been a study showing a major, negative economic impact,'' Berman said.

County Councilman Pete Crossland, who is championing the smoke-free issue, said the council is open to discussing compromises, but arguments won't change the bottom line that second-hand smoke is harmful to the health of nonsmokers.

He noted a September survey by the Summit County Tobacco Prevention Coalition that showed 70 percent of more than 800 county voters surveyed would support a law to prohibit smoking in all workplaces, including offices, restaurants, bars and bowling alleys.

``A number of compromises and exemptions have been suggested... We're open to discussing them... Keeping a certain percentage of nonsmoking rooms in hotels is not nearly as damaging as exempting all bars. I think some of the exemptions are more harmful to health than others,'' he said.

Mayors share opinions

Cuyahoga Falls Mayor Don Robart said he would welcome the county restrictions on indoor smoking in his city.

``My research, while limited, shows that restaurants and bars actually do better once the dust settles. I believe that there's going to be a hue and cry, but in the long run, people will come out who before maybe wouldn't because of the smoke. Quite frankly, I think it's a great thing,'' he said.

``We're watching and waiting,'' said Fairlawn Mayor Bill Roth. ``We've had minimal discussions on council about it, but I'm sure we'll be addressing the issues.''

Barberton Mayor Randy Hart said he has concerns about how such a ban would impact businesses, particularly small, privately owned taverns, as well as charity bingo games.

``I think that needs to be looked at very closely, whether it would erode that revenue for those types of activities,'' he said.

Barberton's Board of Health recently voted to endorse an ongoing state initiative to ban smoking.

There is a major statewide initiative to ban all indoor smoking at any Ohio workplace that could be before voters by November 2006. It could make whatever happens on the local front moot.

Scott Parker, owner of Fuel Lounge on South Main Street, said bar owners would prefer a statewide ban to a local law because it would level the playing field for all bar owners. ``At least we'd all be in the same boat,'' he said.

With a county law, patrons could simply take their business a few miles into neighboring counties.

``With a state law,'' Stojkoski said, ``where are they going to go?''

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http://www.ohio.com/mld/ohio/news/13096109.htm

Proposed smoking ban in Akron may hit bingo halls hard

11/3/2005

AKRON, Ohio (AP) -- Charities in Akron that rely on bingo for money worry that a proposed smoking ban in public places in Summit County will snuff out their profits.

Bingo seems to attract smokers, who are known for routines like good-luck charms and favorite seats.

Immaculate Conception Catholic Church in Akron says a smoking ban would hurt bingo so much that the parish would have to lay off people and shut down programs. A charity for the blind called Written Communications Radio Service says a smoking ban would drive it out of business.

Two more public hearings are planned on the proposed ban before any vote is taken.

Bingo generates more than $5 million a year for charitable groups in Akron and Summit County.

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Hearings planned for countywide smoking ban proposal

November 1, 2005

AKRON, Ohio (AP) - The Summit County Council plans several public hearings on a proposal to ban smoking in all businesses and public places in the county, including restaurants and bars.

Several Ohio cities, including Columbus and Toledo, have adopted citywide smoking bans, but this is believed to be the first countywide.

The measure calls for a $150 fine for first-time offenders and larger fines for subsequent violations.

"We want to bring good air to Summit County," Councilman Pete Crossland said Sunday. "We want to allow people to go to public places and breathe air that doesn't shorten their lives."

Council President Clair Dickinson said he expects the legislation to receive three readings, allowing as much time as possible for a public vetting of the issue.

"We want to make sure that there is an opportunity for everybody to be heard about it because there will be concerns about it," Dickinson said.

When other Ohio cities enacted such bans, there was loud public outcry, particularly from restaurant and bar operators who feared lost business.

A final vote on the matter likely would come Nov. 21.
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