77-06 Resolution
RECORD OF RESOLUTIONS
Dayton ~~9~1~I?n~:!nc.. Form_ti~. ~q~4_~
Resolution No. 77 -06 Passed .20_
A RESOLUTION SUPPORTING SMOKEFREE OHIO - STATE ISSUE 5 AND
OPPOSING SMOKE LESS OHIO CONSTITUTIONAL AMENDMENT - ISSUE 4
WHEREAS, the City of Dublin adopted Ordinance 52-04 on November 15, 2004, making
the City's workplaces and public places smoke-free effective February 1, 2005; and
WHEREAS, subsequent to adoption of this ordinance, the 2006 U.S. Surgeon General's
Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, concluded
that more than 50,000 non-smoking Americans die every year from exposure to
secondhand smoke; and
WHEREAS, secondhand smoke has been shown to substantially increase the risk of lung
cancer, nasopharyngeal cancer, breast cancer, heart disease in adults and sudden infant
death syndrome, asthma and airway disease in children; and
WHEREAS, everyone has the right to breathe clean indoor air in public places and
workplaces; and
WHEREAS, no one should be required to risk disease and disability from secondhand
smoke to earn a living; and
WHEREAS, no one should suffer the risk or discomfort of exposure to secondhand smoke
while indoors engaging in business, dining or entertainment; and
WHEREAS, everyone, even those made vulnerable because they are young or old or ill
should be able to enter a public building without fear of harm from secondhand smoke;
and
WHEREAS, business owners will benefit from their ability to provide clean indoor air to
their employees and customers on a level playing field; and
WHEREAS, Issue 5 - SmokeFreeOhio's proposed state law, sponsored by virtually
every health organization in the state - protects all workers and customers from the
health hazards of secondhand smoke by making all public places and workplaces
smoke-free and creating a level playing field for all businesses; and
WHEREAS, Issue 4 - Smoke Less Ohio's proposed Constitutional amendment,
sponsored primarily by RJ Reynolds Tobacco Company - fails to protect millions of
Ohio's workers and its most vulnerable elderly, children and ill from exposure to toxic
secondhand smoke, overturns Dublin's Ordinance 52-04 and prevents further action by
Dublin City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, 5- of the elected members concurring:
Section 1. That the Dublin City Council strongly supports the passage of Issue 5,
SmokeFreeOhio, and forcefully opposes the passage of Issue 4, Smoke Less Ohio on
Tuesday, November 7, 2006.
Section 2. This Resolution is effective upon passage in accordance with Section 4.04(a) of
the Revised Charter.
Passed this /.41'''' day of OC!.--tCJber- ,2006
ATTEST: I hereby certify that copies of this
OrdinancelResolution were posted in the
~ (1- ~ City of Dublin in accordance with Section
731.25 of the Ohio Revised Code,
Clerk of Council
/
Clerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
Phone: 614-410-4400 · Fax: 614-410-4490
CITY OF DUBLIN
Memo
TO: Members of Dublin City Council
FROM: Jane S. Brautigam, City Manager
DATE: October 13,2006
RE: Resolution 77-06, Support for SmokeFreeOhio - State Issue 5 and Opposing
Smoke Less Ohio Constitutional Amendment - State Issue 4
Background
SmokeFreeOhio has requested that Dublin City Council adopt a resolution in support of State
Issue 5 and in opposition to a Constitutional Amendment, State Issue 4 - both ballot issues to be
voted upon at the Tuesday, November 7 General Election.
. SmokeFreeOhio - State Issue 5
State Issue 5 is a proposed state law which would prohibit smoking in public places and places of
employment and most places open to the public. Issue 5 is supported by SmokeFreeOhio, a
campaign by the American Cancer Society in collaboration with the American Heart
Association, American Lung Association, the Ohio Health Commissioners Association, the Ohio
Hospital Association, the Ohio State Medical Association, the Campaign for Tobacco-Free Kids,
and hundreds of supporting organizations to create smoke-free public places and workplaces in
the state of Ohio.
. Smoke Less Ohio - State Issue 4
State Issue 4 is a proposed Constitutional Amendment which 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 vrohibit the future adovtion of any ordinance or local law to the extent
such ordinance or law prohibited smokinf! or tobacco vroducts in anyplace exemvted by the
amendment. A coalition of groups led by R.J. Reynolds and the Ohio Licensed Beverage
Association has circulated petitions to place this initiative on the state ballot.
Recommendation
Recognizing the positive health and environmental benefits of smoke-free public places in the
City of Dublin, staff recommends approval of Resolution 77-06 on Monday, October 16, 2006.
.
Comparison of Laws:
SmokeFreeOhio-lssue 5 versus
Pro-Smoking Constitutional Amendment-Issue 4
A coalition of groups led by R.I. Reynolds and the Ohio Licensed Beverage Association are attempting to sabotage everyone's
right to smoke-free public places by circulating a petition that would allow smoking in most public places. Below is a comparison
of the SmokeFreeOhio state law and the pro-smoking constitutional amendment.
Issue 5: SmokeFreeOhio Issue 4: Pro-Smoking
State Law Constitutional Amendment
Restaurants Smoke-Free Air Smoke allowed
Bowling Alleys Smoke-Free Air Smoke allowed
Offices Smoke-Free Air Smoke allowed if minors are prohibited
Factories Smoke-Free Air Smoke allowed if minors are prohibited
Retail Stores Smoke-Free Air Smoke allowed if minors are prohibited
Bingo Halls Smoke-Free Air Smoke allowed
Bars Smoke-Free Air Smoke allowed
American Cancer Society, American Lung
Sponsors Association, American Heart Association, Tobacco and Alcohol Industries
and other health groups
Other disturbing aspects of the "Smoke Less Ohio" pro-smoking
constitutional amendment:
. Would overturn laws in the 21 Ohio cities that have strong smoke-free public places laws, including Columbus, even
if voters in those cities approved the laws through a vote.
. Would prevent local communities from ever passing a stronger law to protect the health of their citizens.
. Could not be changed except by another Constitutional Amendment. (SmokeFreeOhio's law is an initiated statute
which is a state law that can be changed by state lawmakers in the unlikely event that adjustments need to be made
after it passes.)
. Would supersede the SmokeFreeOhio law and go into effect if both laws pass.
. Would allow any employer to declare his business off-limits to minors and allow smoking throughout the entire
office and around all employees,
. Would create an uneven playing field where different businesses play by different rules,
. Would leave the health of the hundreds of thousands of Ohioans who work in the hospitality industry in jeopardy.
Be careful when you vote
Below is the actual text of each issue as it will appear on the November ballot.
Vote NO on Issue 4: Smoke Less Ohio-the pro-smoking constitutional amendment:
4 PROPOSED
CONSTITUTIONAL AMENDMENT
(Proposed by Initiative Petition)
To adopt Section 12 of Article XV of the Constitution of the State of Ohio.
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.
Vote YES on Issue 5: SmokeFreeOhio-the real smoke-free public places law:
5 PROPOSED LAW
(Proposed by Initiative Petition)
To enact Chapter 3794. of the Ohio Revised Code to restrict smoking in places of employment and most places open to the
public.
The proposed law would:
. Prohibit smoking in public places and places of employment;
. Exempt from the smoking restrictions certain locations, including 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; retail tobacco
stores, outdoor patios, private clubs, and family-owned and operated places of business;
. 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,
SmokeFreeOhio is a campaign by the American Cancer Society in collaboration with the American Heart Association, American
Lung Association, the Ohio Health Commissioners Association, the Ohio Hospital Association, the Ohio State Medical
Association, the Campaign for Tobacco-Free Kids, and hundreds of supporting organizations to create smoke-free public places
and workplaces in the state of Ohio. Because secondhand smoke causes cancer, heart disease, and lung diseases, we believe that
everyone has the right to breathe clean indoor air, free of secondhand smoke, in public places and workplaces.
SmokeFreeOhio, Richard Filler, Treasurer, 5555 Frantz Road, Dublin, Ohio 43017
1-888-ACS-OHIO - SmokeFreeOhio.org
SFOLawComparison
September 11, 2006