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Judge: No one gets smoking money for now
Thursday, April 10, 2008
COLUMBUS — For now, nobody's going to transfer $230 million allocated for Ohio anti-smoking programs to a new jobs fund that's part of a proposed state economic stimulus plan.
The money apparently won't be used for any new anti-smoking programs or anything else, either.
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Franklin County Common Pleas Court Judge David Fais ordered on Thursday, April 10, that the money remain with state Treasurer Richard Cordray and that none of it can "be moved, expended, disbursed, re-appropriated and/or transferred until further notice of this Court."
Fais also scheduled a hearing for a preliminary injunction for April 24.
His Thursday ruling came after a morning hearing in which the Ohio Tobacco Prevention Foundation sought a temporary restraining order prohibiting Cordray from acting on legislation passed speedily on Tuesday, April 8. It called for Cordray to liquidate the foundation's $270 million endowment, transfer $230 million to the jobs fund and give the foundation $40 million to take care of its obligations.
Fais denied the request but added the language that prevented any use of the money until at least the April 24 hearing.
"We have to comply and will comply," said Holly Hollingsworth, spokeswoman for Cordray.
Keith Dailey, Gov. Ted Strickland's spokesman, said the governor understands why the court wants time to consider the issues but "we continue to believe the legislature and governor have acted in a way that is not only in accordance with the law but also makes the best use of limited state resources to create jobs in Ohio."
While Fais did not grant the temporary restraining order, "we are very pleased that the judge gave us the remedy we sought and we look forward to the opportunity to proceed with this issue through the normal court process," Michael Renner, foundation executive director, said in a press release.
The $230 million would provide part of the $1.57 billion proposed for the stimulus plan.
