Law Office of Joseph C. Lucas, L.L.C., and Tyler W. Kahler , urging reversal for amici curiae Ohio Licensed Beverage Association, Buckeye Liquor Permit Holders Association, and Dr. Michael L. Marlow.
Finney, Stagnaro, Saba & Patterson Co., L.P.A., and Christopher P. Finney ; and Law Firm of Curt C. Hartman and Curt C. Hartman , urging reversal for amici curiae Ohio Liberty Council, Ohio Freedom Alliance, and Coalition Opposed to Additional Spending & Taxes.
Ron O'Brien , Franklin County Prosecuting Attorney, and Tracie M. Boyd , Assistant Prosecuting Attorney, urging affirmance for amicus curiae Franklin County District Board of Health.
McTigue & McGinnis, L.L.C., Donald J. McTigue , Mark A. McGinnis , and J. Corey Colombo , urging affirmance for amici curiae American Cancer Society, East Central Division; American Cancer Society Cancer Action Network; Academy of Medicine of Cleveland & Northern Ohio; American Heart Association, Great Rivers Affiliate; American Lung Association of the Midland States; American Medical Association; Americans for Nonsmokers' Rights; Association of Ohio Health Commissioners, Inc.; Campaign for Tobacco-Free Kids; Cleveland Clinic; Ohio Asthma Coalition; Ohio Chapter of the American College of Cardiology; Ohio Osteopathic Association; Ohio State Medical Association; and Tobacco Control Legal Consortium.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} In this case, we are asked to address several constitutional challenges to the Smoke Free Workplace Act, R.C. Chapter 3794.
I. Factual Background
{¶ 2} On November 7, 2006, Ohio voters passed a ballot initiative to enact the Smoke Free Workplace Act ("the Smoke Free Act"). Codified in R.C. Chapter 3794, the act became effective on December 7, 2006. The Ohio Department of Health...
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