The fifth bullet item in the Explanation and Argument -- "Smoke-free
policies do not harm business" -- is also from Carmona's report. This
statement is an already proven lie. The smoking ban in Ohio is hurting
businesses. During the first 12 months of the smoking ban 5,400 jobs were
lost in the hospitality and leisure industry. Permit holders lost a
potential of $67.44 million in 2007 sales. One large beer distributor
reports a 5 percent decline in sales. The coin machine industry is down 25
to 35 percent in liquor pouring establishments. The trickle down affect
includes the loss of income to musicians, karaoke vendors, snack vendors
and more. Families invested their money and their lives into owning their
piece of the American Dream. After Issue 5, if they can sell their
businesses it's for a fraction of the money, blood, sweat and tears they've
invested. Due to loss of revenues, private clubs are no longer able to
support charities at previous levels. "If the economic studies in Carmona's
report are any indication of the credibility and validity of the remainder
of his report, I don't wonder that a complaint has been filed" said Debi
Kistner, Opponents of Ohio Bans. Dr. Jackson's Nov. 28, 2007 letter closed
concluding smoke-free benefits to Ohio "outweigh the need for some business
adjustments." Adjustments should not mean reducing business income 25 to 35
percent, nor should it include closing businesses. A question to Dr.
Jackson would be, "What other health laws have been imposed by more than
$2.6 million of private special-interest pharmaceutical support?" $2.1
million (80 percent) of that sum was contributed by the American Cancer
Society and its divisions. The Society receives direct financial support
for its smoking ban advocacy from the Robert Wood Johnson Foundation, which
as of Dec. 31, 2007 owned $3.0 billion in common stock of NicoDerm CQ patch
manufacturer Johnson & Johnson.
American Cancer Society spokesperson Tracy Sabetta will once again
display her Karmak the Magnificent skills, to proclaim the intent of voters
about Issue 5. Like most psychics, however, she accomplishes her feats of
legerdemain through misdirection from reality. Even many who support
smoking bans acknowledge that, "Qualifying an initiative for the statewide
ballot is thus no longer a measure of general citizen interest as it is a
test of general fundraising ability," as quoted in a recent Yale Law School
scholarship paper. Prowess at raising special-interest funding must not be
substituted for the genuine will of the people. Ms. Sabetta will, no doubt,
retort with her now famous line that Ohio voters "overwhelmingly" voted for
Issue 5. Ohio voters voted for a ban with exemptions. They voted to have
private clubs and family-owned businesses exempted. The smoking ban we have
now does not represent what the voters approved nor does it represent the
will of the people.
Issue 5 was fraught with misleading and missing language and was based
on a report against which serious allegations of scientific misconduct have
been alleged. If Carmona's report wasn't released until 14 months after the
petition certification, what proof of necessity was given for enacting such
restrictive legislation? No evidence was provided to the Ohio Attorney
General to show whether or not the declarations made within the text of the
Issue 5 petition were fair or truthful as the law requires.
Although Opponents of Ohio Bans believes that all private business
owners should be allowed to make their own policies on smoking, several
Ohio Senators have seen the devastating damage to family-owned businesses
and private clubs and agree that at least they should be spared from this
all too restrictive law. Senator Robert Schuler-R has introduced SB 346 to
again exempt private clubs and family-owned businesses, as the law passed