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Published: Wednesday, February 28, 2007

State officials get an earful at public hearing

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Should a disabled combat veteran be allowed to smoke at the VFW post?

By MARC KOVAC

VINDICATOR CORRESPONDENT

COLUMBUS — Jack Coleman commands the Veterans of Foreign Wars post in Ashland.

He regularly rubs elbows with other veterans who have been in combat. They gather at the canteen to talk, have a drink and smoke — at least for the time being.

This spring, rules are expected to take effect that will stop VFW posts, bars, restaurants and other public places from allowing smoking inside their premises. Coleman, who traveled to Columbus on Tuesday to speak during a public hearing, asked Ohio Department of Health officials and others in attendance if they could stop a wheelchair-bound vet — a man who lost a limb while serving his country — from lighting a cigarette.

"I cannot and will not do that," he said. "I could do a lot, but considering all that this man has been through, there is no way on God's green earth that I'm going to have the guts to tell this man that he cannot smoke inside [the post]."

Coleman added that he would go as far as to offer such a combat veteran a cigarette, light it for him, provide an ashtray and smoke one with him.

"I envision that what I've just described to you will happen in all the posts across Ohio," he said.

Dozens of people spoke during the hearing Tuesday concerning draft rules, compiled after voters approved a statewide issue banning smoking in public places.

Enforcement on hold

Businesses technically were supposed to prohibit smoking on their premises as of early December, but enforcement cannot be implemented until the state finalizes rules, and many businesses are ignoring the ban until then.

The public comment period on the rules continues through 4:30 p.m. today.

As of Tuesday's hearing, 122 written comments, including a number of petitions, had been submitted (with thousands of others forwarded earlier during the rule development process).

Proponents of the ban, including representatives of the American Cancer Society, statewide health organizations and other groups, supported the statewide issue and efforts to stop smoking in public places. They said they think the rules, once instituted uniformly, will put businesses on a level playing field competition-wise.

"This law needs a chance to work, and it will work," said Tracy Sabetta, vice president of governmental relations at the American Cancer Society.

Speaking out

Opponents, including a number of small-business owners, said the prohibitions will affect their livelihoods and questioned the constitutionality of such a ban.

"We tried [the ban] for one day," said Pam Parker, a bar owner in the Columbus area. "We didn't even make enough money to pay for the beer we sold."

She asked whether future constitutional amendments would put limits on children's television watching or junk-food consumption.

She added: "You people have opened the floodgates, and it will run downhill until it eventually floods your world. ... You are all so consumed of hatred of cigarette smoke. ... Well, the cost is our freedom, fools!"

Dan Shawver, whose family owns small restaurants in the Defiance area, said information posted at his polling place was misleading, and he said many voters didn't understand the ramifications of their decision.

"I really think the voters were mislead," he said. "I know I'm not the only one."

He said sales at his business have declined 25 percent in December, January and this month because of the ban.

"These are supposed to be the busiest months for me in the restaurant business," he said. "These are our primary sources of income. ... What alternative do we have as business owners if we go out of business?"

mkovac@dixcom.com.

Wednesday, February 28, 2007