| Already under a legal challenge, a proposed statewide ban on smoking in public places could also face competition in the form of an alternative, more industry-friendly prohibition under consideration by a bipartisan group of House members.
SmokeFreeOhio, a coalition of health advocacy groups led by the Ohio Chapter of the American Cancer Society, circulated petitions for an initiated statute to implement a statewide ban. The
AMC/NOMA participated in the news conference announcing the gathered signatures as an “initiative partner” and will continue to monitor the process underway in working toward passage of the initiative into law. SmokeFreeOhio asked the House and Senate to not act on the initiated statute so it could collect more signatures and take the proposal directly to voters in the fall. GOP leaders of both chambers have said they will honor that request. Secretary of State J. Kenneth Blackwell certified the proposal and submitted it to the General Assembly last month despite ongoing petition protests filed with local election boards by the Ohio Licensed Beverage Association. That move triggered a lawsuit filed at the 10th Ohio District Court of Appeals seeking writ of prohibition. The OLBA lawsuit, which also names the House and Senate clerks, argues that Secretary Blackwell exceeded his authority in processing the petitions as forwarded from the county election boards. Protests have been filed in 31 counties covering more than 40,000 signatures and more challenges are possible. The group is challenging the validity of petitions based on residency requirements and other issues.
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