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www.ohiorestaurant.org 3 Winter 2012 Issue

Under the Dome: A Legislative Update for ORA

Annually, restaurant industry advocates like myself gather at the Council for State Restaurant Association’s (CSRA) legislative conference to share ideas, trends and best practices – all with the goal of improving our industry’s level of infuence on laws, ordinances and regulations that impact your operations. The 2011 conference took place in mid-November, with 65 representatives from state restaurant associations, chain restaurants and the National Restaurant Association. Ohio Restaurant Association President & CEO Geoff Hetrick and I were fortunate to be able to participate in what I felt was the most substantive legislative conference I have attended.

My key take-away was the degree to which an increasing number of our most troubling legislative issues are being addressed by city councils as opposed to state legislatures or Congress. Here are some of the highlights of the issues that we considered during the two-day meeting:

Congress – At the time (November 16-18), all the talk was about the Congressional Super Committee. Among issues pending in our nation’s capitol, commodity price supports remain high on the agenda. Congress has heavily invested tax dollars to encourage farmers to plant corn and other commodities to generate biofuels, resulting in less grain devoted to food products and higher prices for just about everything that restaurants sell. Our industry wants Congress to put more emphasis on food and less on fuel.

Paid Sick Leave – You may recall that an Ohio ballot measure mandating paid sick leave for all employees almost went to a vote of the people in 2008. Unions had collected enough signatures, and both sides were already raising money for a major campaign battle. Then-governor Ted Strickland helped persuade labor to withdraw their initiative, promising he would push the issue in Congress. Since then, paid sick leave has been debated in state capitols and city council meetings nationwide, especially on the West Coast and in the Northeast.

Packaging – A Starbucks representative shared his company’s challenges dealing with proposed laws and especially city ordinances that effectively ban the chain’s coffee cups. This is all part of the environmentalists’ effort to force restaurants to comply with their agenda – regardless of the fnancial impact to restaurants. Packaging issues include bans and fees on plastic bags, polystyrene and other containers.

Immigration – Congress is nowhere near close to taking up an immigration bill, at least not until after the 2012 elections. A number of states and some cities have rushed in to fll that void. A few bills have been introduced in the Ohio General Assembly, focusing on companies that do business with the state of Ohio and the ability of local offcials to enforce the existing federal law. These bills likely will not move forward in 2012. Because our industry needs a steady supply

of employees, both the Ohio Restaurant Association and the National Restaurant Association have long supported comprehensive immigration reform.

Local - Twenty years ago, most of the major legislative issues that affected restaurants were fought in the halls of Congress. Now, the trend seems to be for counties and city councils to try to solve society’s problems by regulating restaurants. The ORA witnessed this trend makes its way to our members in early 2011 when the Cleveland City Council passed an ordinance banning restaurants from cooking with oils with trans fat. This is why the ORA pushed legislation to preempt local political subdivisions enacting a whole host of anti-restaurant ordinances. Although our law doesn’t stop everything a city council might try to do, it is the most comprehensive preemption statute in the country and is a model for other states to follow.

Based on these trends, where do we go? For all its problems, Congress still controls some of the most critical issues that affect restaurants. Likewise, the Ohio General Assembly’s 133 members can pass laws that will either help or hurt your business. We

must remain engaged in Washington, D.C. and in Columbus. The new political battleground may be in city councils throughout Ohio. As with virtually every trade association, the ORA remains focused on the state capitol and does not have the staff to monitor council agendas in hundreds of Ohio cities. This is where you can Iiterally provide invaluable help.

We need you to be the eyes and ears of our industry in your community. The ORA stands ready to work with our local members to advocate for restaurants, but we can do so only if we know there is an issue to address. I encourage you to take it upon yourself to stay abreast of any issues that might come before your city council that would impact your business. If

you even suspect such an issue may arise, call us. The ORA exists to help you!

By Richard Mason

Director of Government Affairs, Ohio Restaurant Association

What We Heard at the CSRA National Legislative Conference

Issues facing the restaurant industry remain strongest at the local level

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