Smoking Ban Backers To Continue Fight Despite Recent Ruling
Advocates of an initiated law to ban smoking in public places insisted Monday they would be able to overcome a common pleas court ruling that invalidated about one-third of the signatures they gathered on petitions. A spokeswoman for the American Cancer Society said supporters have the options of appealing the decision, and of collecting an estimated 25,000 additional signatures to make up for those stricken. The society and other health groups make up SmokeFreeOhio, the coalition that introduced the initiated bill in the General Assembly and, after four months of requested inaction, now want to place it on the Nov. 7 ballot. A Franklin County Common Pleas Court determined Friday that some circulators improperly identified the cancer society as their employer instead of the California firm hired to gather names. Opponents said the ruling invalidated about 44,000 of the 117,026 signatures originally collected. Supporters needed 96,780 signatures to introduce the bill in the Legislature, and would have to gather an equal amount in order to place it on the ballot. Secretary of State J. Kenneth Blackwell's office is studying the decision. Among the questions attorneys will have to examine is whether disqualification of the initial signatures means the law was not properly before the General Assembly and thus must be resubmitted, starting the four-month process again. That would rule out a public vote this fall. Advocates continue to aim for the Nov. 7 election. SmokeFreeOhio said it fully expects to appeal the judge's ruling. 
Smoke Less Ohio, an industry organization, contends the ruling means the initiated statute process must start over with a new submission to the General Assembly if supplemental signatures are collected. Smoke Less Ohio is backing a less restrictive constitutional amendment on the subject. The group faces an Aug. 9 deadline for filing petitions with 322,899 signatures in order to win a spot on the Nov. 7 ballot.