Ok, the plot thickens. ABATE got back to me, and they believe it was changed and foam ear plugs are OK. Here is the current law as I can find it:
http://codes.ohio.gov/orc/4511.84
4511.84 Earphones or earplugs on operator prohibited.
(A) No person shall operate a motor vehicle while wearing earphones over, or earplugs in, both ears. As used in this section, "earphones" means any headset, radio, tape player, or other similar device that provides the listener with radio programs, music, or other recorded information through a device attached to the head and that covers all or a portion of both ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear.
Depending on how you read it, it very well might only mean music playing devices. @durk Can you ping your representative who appears to be the only one we contacted that cares about his constituents and maybe he can get us a clear answer.
I am going to ping the Ohio Attorney General, they are supposed to give opinions on a laws meaning.