State Issue 4, or Smoke Less Ohio, is a proposed constitutional amendment instructing the legislature to pass laws limiting or prohibiting smoking of tobacco or tobacco products in all enclosed, public areas of the state.

Certain types of establishments, however, are exempted from the smoking ban. Specifically, the amendment states that no law shall prohibit smoking and/or the use of tobacco or tobacco products in any of the following places:

1. Any retail establishment that derives at least fifty percent of its gross sales from tobacco or tobacco-related products and accessories.
2. Any private residence or privately owned facility that is not open to the public.
3. Within a restaurant, any smoking area that is completely separated from the rest of the premises by walls or doors.
4. Any establishment that sells intoxicating liquor for on-premises consumption that derives less than sixty percent of its annual revenue from the sale of food.
5. Any public area where bingo or bowling is played.
6. Any designated area within a facility that is leased or rented to the public on a temporary basis, such as a hotel, motel, adult day care, nursing home, or rehabilitation center.
7. Any establishment from which minors are prohibited.
8. Any facility that conducts live or satellite horse racing.

This amendment would override and render invalid any current ordinance or local law that is more restrictive than the amendment, and would prevent such laws from taking effect in the future. To date, 21 Ohio cities have passed smoking bans in their communities.

The proponents of State Issue 4 are largely bars and restaurants, hospitality business associations, and some tobacco companies. They view the proposal as a balance between the rights of patrons and employeesto be protected from unwanted exposure to tobacco smoke and the rights of business owners to make their own decisions about how to operate their businesses. Their proposal is, at least in part, a reaction to State Issue 5.

State Issue 5 is a more restrictive proposal than State Issue 4. It is a statewide ban on smoking with a much more limited list of exceptions.

Should both measures pass, State Issue 4, because it is a constitutional amendment, would take precedence. State Issue 5 is essentially a law, and thus must comply with the requirements of the Ohio Constitution. And because it bans smoking in places where smoking is expressly permitted under the language of State Issue 4, State Issue 5 would be unconstitutional.

Official Arguments
By law, the five-member, non-partisan Ohio Ballot Board designates a group of individuals to prepare and file arguments in support of or in opposition to each proposed constitutional amendment. Click below to read the official arguments regarding State Issue 4:

Ballot Language
Read exactly what’s printed on the ballot regarding Issue 4:

Full Text of Proposed Amendment

Groups urging a “YES” vote on State Issue 4 include: Bowling Centers Association of Ohio Cigar Association of America Lorillard Tobacco Company National Association of Tobacco Outlets Ohio Academy of Nursing Homes Ohio Coin Machine Association Ohio Council of Retail Merchants Ohio Grocers Association Ohio Licensed Beverage Association Ohio Petroleum Council Ohio Restaurant Association Ohio Wholesale Marketers Association Retail Tobacco Dealers Association R.J. Reynolds Tobacco Company Swedish Match Swisher International Groups urging a “NO” vote on State Issue 4 include: SmokeFreeOhio and the proponents of State Issue 5