SmokeFreeOhio
With scientific evidence showing that secondhand smoke was dangerous to public health, the call to ban smoking in public places grew nationwide. In 2006, multiple states had smoking bans on the ballot–including Ohio.
For Ohio voters, however, this meant deciding between two competing initiatives to regulate smoking in public places. After overcoming legal challenges from Smoke Less Ohio, the group supporting the competing initiative (Ohio Issue 4), the Smoke Free Workplace Act (aka Ohio Issue 5) passed, with 58.5% of Ohio voters approving to ban smoking in public places. But advocacy didn’t stop there. The groups supporting the Smoke Free Workplace Act continued their advocacy to address the legal challenges that came after votes were cast.
Proponents:
Opposed by:
SmokeFreeOhio
Smoke Less Ohio was lead by opponents who put a competing initiative on the ballot as Ohio Issue 4
vs.
American Cancer Society
provided staff and resources in support of Ohio Issue 5 to protect people “from the deadly consequences of tobacco use and secondhand smoke.”
Tobacco Companies RJ Reynolds & Philip Morris
backed a competing statute called Smoke Less Ohio (aka Ohio Issue 4) that would have banned smoking in public spaces with broad exceptions, including restaurants, bars and bowling alleys.
This second initiative confused voters, and because it was a constitutional amendment, it would have trumped the Smoke Free Workplace statutory initiative had it passed.
https://www.ideastream.org/health-science/2006-10-30/big-tobacco-fights-back
vs.
Campaign for Tobacco-Free Kids
said the initiative would “keep kids from smoking and help more smokers quit, thereby saving many lives.”
Ohio Licensed Beverage Association
helped sponsor Smoke Less Ohio (aka Ohio Issue 4).
vs.
Result:
Ohioans saw through the haze of two competing initiatives to ban smoking in public places and cast a strong majority vote. Decades later, many can’t even imagine smoking in public spaces.
Timeline
What happened?
Date
Step
Petition filed
November 17, 2005
The Initiative Petition was filed with the Secretary of State’s office with over 167,000 signatures.
https://law.justia.com/cases/ohio/tenth-district-court-of-appeals/2006/2006-ohio-4690.html
Protests filed with Boards of Elections
December, 2005 – March 2006
Jacob Evans, representative of the competing Smoke Less campaign, filed protests in 34 counties.
https://caselaw.findlaw.com/court/oh-supreme-court/1153286.html
The Secretary of State transmitted the proposed statute to the clerks for the General Assembly's consideration, but no action was taken by the legislature.
https://caselaw.findlaw.com/court/oh-supreme-court/1153286.html
December 28, 2005
Petition transmitted to the General Assembly
Jacob Evans filed a complaint in the Court of Appeals for Franklin County because the proposed statute was transmitted to the General Assembly before court filings were resolved.
https://caselaw.findlaw.com/court/oh-supreme-court/1153286.html
January 3, 2006
Complaint filed in the Court of Appeals
The Ohio Supreme Court ruled the initiative petition could move forward.
https://www.supremecourt.ohio.gov/rod/docs/pdf/10/2006/2006-Ohio-3453.pdf
June 30, 2006
Ohio Supreme Court issued ruling
A supplemental initiative petition was filed with the Ohio Secretary of State.
July 28, 2006
Petition submitted to the Secretary of State
The Secretary of State sent the petition to the county Boards of Elections to certify signatures.
August 14, 2006
Petition sent to the Boards of Elections for certification
The Secretary of State ordered the Boards of Elections to place the SmokeFreeOhio initiative on the November 7, 2006 ballot as Issue 5.
https://caselaw.findlaw.com/court/oh-supreme-court/1153286.html
September 8, 2006
Issue 5 ordered on ballot
The Ohio Court of Appeals, Tenth District allowed the county Boards of Elections to continue certification of petition signatures.
https://law.justia.com/cases/ohio/tenth-district-court-of-appeals/2006/2006-ohio-4690.html
September 11, 2006
Appeals Court ruled in favor of SmokeFreeOhio
The Secretary of State’s office notified petitioners of insufficient signatures.
September 19, 2006
Petition signatures deemed insufficient
Supplemental petition signatures approved to put Smoke Free Initiated Statute on November ballot.
September 29, 2006
Signatures submitted
The Secretary of State confirmed a sufficient number of signatures was filed to put the Smoke Free Workplace Act on the November 7, 2006 ballot.
October 5, 2006
Supplemental signatures verified
Issue 5 (SmokeFreeOhio) passed with 58.5% of the vote.
Issue 4 (Smoke Less Ohio) failed, with 35.89% voting Yes and 64.11% voting No.
https://ballotpedia.org/Ohio_Issue_5,_Prohibit_Smoking_in_Public_Places_Initiative_(2006)
November 7, 2006
Voters approved Issue 5
The Smoke Free Workplace Act went into effect across Ohio.
https://www.kentohio.gov/business-building-development/business-resources/smoke-free-workplace
December 7, 2006
Law took effect
The Ohio Department of Health began enforcing the law.
https://odh.ohio.gov/know-our-programs/smoke-free-workplace-program
May 3, 2007
Enforcement began
The Ohio Supreme Court agreed to hear a challenge regarding the constitutionality of the Smoke Free Workplace Act.
April 6, 2011
Supreme Court agreed to hear challenge
The Ohio Supreme Court upheld the constitutionality and enforcement of the Smoke Free Workplace Act in a unanimous decision.
May 23, 2012
Supreme Court upheld the law
The Ohio Supreme Court refused to reconsider the ruling on the Smoke Free Workplace Act.
July 25, 2012
Supreme Court denied motion for reconsideration
