Group claims statewide smoking ban should have never been on ballot
Written by Kristen Rapin | | krapin@toledofreepress.comOpponents of Ohio Bans, a group against the Issue 5 indoor smoking ban, said it has uncovered evidence of petition and voter fraud from the 2006 election.
“The issue was fraudulent from the word ‘go,’” said Bill Delaney, owner of Delaney’s Lounge and member of Opponents of Ohio Bans.
The group’s research found Issue 5 should not have been on the ballot.A spokeswoman for Opponents of Ohio Bans, Pam Parker, said the group began making public records requests in January and found illegal practices and petition fraud.
During the petition process, a judge invalidated 23,270 signatures and gave Smoke Free Ohio 10 days to get more signatures, but the ban was sent to the ballot 20 days before the group provided the signatures, Parker said.
Because of the insufficient signatures, the ban should have been pulled from the ballot, Parker said.
Signatures were paid for, some appeared forged and individuals collecting signatures had their addresses listed as hotels, Parker said. Opponents of Ohio Bans found at least 47 felons collected signatures.
“They claim smoke free policies don’t harm businesses… They lied, it does hurt our business,” Parker said. “We all wouldn’t be complaining if it turned out to be lucrative like they said… Our economic downturn started the day we went smoke free.”
Delaney defied the ban and received $11,000 in fines from the state. Opponents of Ohio Bans wants the government to enforce what it said on the ballot, he said.
“We want exemption for family- owned and operated business and private clubs. They said those exemptions don’t apply to anything. They lied on the front of the ballot,” Delaney said.
There is no legal precedent to invalidate a law passed by voters on the because of problems in the petition process, said Jeff Ortega, spokesman for the Secretary of State’s office.
“Certainly, people can bring forth another initiated statute, but the voters have spoken on the issue,” he said.
Ortega said the ban occurred under a previous administration and if there would be any investigation it would have to go through state prosecutors.
The group has appointments with various elected officials to decide the next step, Parker said.
For more information about Opponents of Ohio Bans visit, http://www.opponentsofohiobans.com/.
The anti-smoking cartel says.’it doesn’t hurt business.’??
How do they know that?
Has anyone of those people owned a business??
What else do you expect them to say..It hurts businesses
The anti-smoking people will say anything to pass no-smoking laws.
After the law is passed and it is proven that they lied.
‘Sorry I guess I was wrong he! he!
The anti-smoking cartel rely on the ignorance and the gullibility of the public,especially if there are doctors involed.
Any laws that are passed because of lies, half-truths and slanted surveys should be struck down immediatley if not sooner.
http://thetruthisalie.com
http://www.citizensfreedomalliance.org
This comment was posted on December 3rd, 2009 at 10:36 pmA thought for to-day..
“Most of the people voting in a referendum are not the people who regularly support the bars and restaurants day in and day out. Why should these people make the decisions that should be made by the owners, staffs, and patrons about using a legal product on private property?”
This comment was posted on December 3rd, 2009 at 10:51 pmThe “climate-gate” of Ohio? I’ll bet if there was a ballot measure the lawmakers didn’t want they would find a way to override it or change it.
Is Ohio such a wealth state we can sit on their duffs and allow more small businesses to fail or more of our citizens to be laid off? So wealthy the state does not need the by-the-drink sales taxes instead of the low by the bottle sales tax?
Small business is the backbone of Ohio, these are real people who have invested their money, time, hopes and dreams into once successful businesses that are now failing through no fault of their own. Why can no lawmaker put themselves in these business owners shoes? If smoke free were so profitable as the lady said, why are these businesses now experiencing financial difficulties.
They are not asking for the smoking ban to be eliminated, only for the expemptions we the people saw on the ballot and voted to allow. I do not understand why I voted for one thing and the law now does not allow the exemptions. How can a ballot measure/law be changed after the people vote?
Something smells fishy in Ohio!
This comment was posted on December 4th, 2009 at 1:11 amThere is no legal precedent to invalidate a law passed by voters on the because of problems in the petition process, said Jeff Ortega, spokesman for the Secretary of State’s office.
This comment was posted on December 4th, 2009 at 1:19 amBut the Ohio legislature decided the vote of the people meant nothing when they threw out the publics vote upon keeping the drinking age at 18!
Perhaps the Secrtetary of States Office might be a place to cut the States Budget since it looks as if they can’t do their jobs!
Thank goodness the truth is coming out! All of those dependent on paychecks that are behind the no-smoke issue should go get real jobs. If they are so interested in health, maybe they should go plant corn and beans along the highway to feed the hungry, the ones they helped loose jobs.
This comment was posted on December 4th, 2009 at 1:23 amThe smoking ban is one huge scam. It did not qualify for the ballot. I am ashamed of Ohio for letting this blatant election fraud slip by under their noses.
http://uspolitics.einnews.com/article.php?nid=774558
http://www.youtube.com/watch?v=-w7brBXuZKw
This comment was posted on December 4th, 2009 at 1:34 amCorrection: “During the petition process, a judge invalidated 23,270 signatures and gave Smoke Free Ohio 10 days to get more signatures, but the ban was sent to the ballot 20 days before the group provided the signatures, Parker said.”
Judge Cain ordered “a complete list” of all circulators who improperly listed the American Cancer Society as their employer. He received a list of 28 counties. THERE WERE 77 COUNTIES. On September 19, 2006, the Secretary of State certified a shortage of 23,270 signatures, which he then gave SmokeFree Ohio 10 days to submit. Issue 5 was ordered placed on the ballot on September 8, 2006. The SOS then claimed enough valid signatures on October 5, 2006…28 days AFTER Issue 5 was ordered placed on the ballot.
Had Judge Cain’s order been followed, OR petitions invalidated due to late filings of Form 15s, there would not have been enough signatures to be placed on the ballot. This doesn’t take into consideration the THOUSANDS of signatures collected by FELONS, which should have been invalidated nor does it take into consideration all the circulator signatures (cannot sign your own petition), PRINTED signatures, signatures signed by other peole (which was supposed to INVALIDATE THE ENTIRE PART PETITION).
This comment was posted on December 4th, 2009 at 1:34 am“There is no legal precedent to invalidate a law passed by voters on the because of problems in the petition process, said Jeff Ortega, spokesman for the Secretary of State’s office.
“’Certainly, people can bring forth another initiated statute, but the voters have spoken on the issue,’ he said.”
Excuse me? So anyone wily enough to pass off a legally invalid petition can get any referendum passed (should the vote then go their way)? And what if the office responsible for validating the petition is corrupt itself and okays an invalid petition? (NOT saying it is, just giving a what if!). Is the answer to the voters then “So sad. Too bad.”? There HAS to be a check on this sort of thing. In the interest of ethics and integrity this must be addressed and a process established to offer real redress. Let this instance set such a precedent.
This comment was posted on December 4th, 2009 at 5:27 amThe public was tricked into voting for this communist rule. If the people who are for these bans realise it’s not about smoking and heath, it is about control of the population and private property by government. We are no longer America and freedom is becoming a thing of the past.
This comment was posted on December 4th, 2009 at 7:49 amAccording to the Ohio Secretary of State Campaign data base the Ohio Consolidated Division of the American Cancer Society donated $681,110.50 to Smoke Free Ohio in the Ohio Consolidated FY of FY 1 Sep 04 – 31 Aug05.However according to the 990Tax returns of the American Cancer Society’s group return the Ohio Division only donated $36,710! With limits set by the IRS this was $269,400.50 above their grass root lobbying limit. That could be reason to void their tax exempt status, along with taxation upon the difference!
This comment was posted on December 4th, 2009 at 10:45 amLooking further at the IRS tax return 990 we find the Ohio Division spent $285,898. in direct lobbying. Now who did they lobby with $285,898.00 ?
Hmm and we wonder how a illegal ballot initiative got on the ballot? We need the Untied States Department of Justice to investigate this SMOKEGATE!
After reading these posts, I will no longer give money to these behavior control organizations like the ACS or the ALA. My money will go to food pantries or the Salvation Army or somewhere else that will actually help real people suffering from job loss that don’t try to control behavior for profits for big pharma!
This comment was posted on December 5th, 2009 at 1:44 amSo the smoking ban is a fraud begot by fraud which is a crime and the business owners and citizens of Ohio are the victims. You bet it should be amended, all it takes it legislators with ethics, common sense and political will, smoke free Ohio and ACS should not be permitted to continue the destruction of Ohio businesses.
Think about it this way, a bank robber commits a crime and when caught, they do not get to keep the cash as a prize for a job well done and they go to jail for the crime.
I think jail time for the criminal act and returning Ohio back to the citizens and business owners would be fitting and the ethical thing to do. Are you listing Governor Strickland and legislators, if not you should be replaced
This comment was posted on December 5th, 2009 at 4:45 pmI thought there would be hundred of post of outrage on this story. I guess the people of Ohio are just used to fraud in their elections process and have become numb.
This comment was posted on December 5th, 2009 at 10:50 pm