Ohio Measure 5, Smoking Ban Initiative (2006)

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Ohio Ballot Measure 5, also known as the Prohibit Smoking in Places of Employment and Most Public Places - Smoke Free Act, was on the November 7, 2006 ballot in Ohio as an initiated state statute, where it was approved.

Election results

Ohio Measure 5
Approveda Yes 2,370,314 58.2%

Ballot text

The language that appeared on the ballot said:

To enact Chapter 3794. of the Ohio Revised Code to restrict smoking in places of employment and most places open to the public.

NOTE: Issues 4 and 5 are similar. If both measures pass, Issue 4 will take effect and Issue 5 will not. This is because Issue 4 is a constitutional amendment and supersedes the statutory provisions of Issue 5.

The proposed law would:

Prohibit smoking in public places and places of employment; - Exempt from the smoking restrictions certain locations, including private residences (except during the hours that the residence operates as a place of business involving non-residents of the private residence), designated smoking rooms in hotels, motels, and other lodging facilities; designated smoking areas for nursing home residents; retail tobacco stores, outdoor patios, private clubs, and family-owned and operated places of business;

- Authorize a uniform statewide minimum standard to protect workers and the public from secondhand tobacco smoke;

- Allow for the declaration of an establishment, facility, or outdoor area as nonsmoking;

- Require the posting of "No Smoking" signs, and the removal of all ashtrays and similar receptacles from any area where smoking is prohibited;

- Specify the duties of the department of health to enforce the smoking restrictions.

- Create in the state treasury the "smoke free indoor air fund;"

- Provide for the enforcement of the smoking restrictions and for the imposition of civil fines upon anyone who violates the smoking restrictions.

A majority yes vote is necessary for passage.


The committee organized to promote the measure was called Smokefree Ohio. It spent $2.68 million. Donors to the campaign included:[1]

  • American Cancer Society (three different affiliates). $2.169 million
  • American Heart Association (Ohio Valley Affiliate), $104,750
  • Tobacco-Free Kids Action Fund, $82,491
  • David Maltz, $50,000


2009 petition allegations

In 2009, three years after the approval of the smoking ban initiative, the group - Opponents of Ohio Bans - announced that they had discovered numerous irregularities. Such irregularities included the gathering of signatures by 47 felons and gatherers "wrongly listing the American Cancer Society as their employer." However, Susan Jagers, co-chairwoman of SmokeFree Ohio, who sponsored the measure, said that the 2009 allegations have already been addressed in the 30 lawsuits the group faced in 2006. Officials at the Ohio Secretary of State's office said that a precedent to invalidate a law after a vote does not exist and it is unknown what the procedures may be should an investigation take place.[2]

See also