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Posted: 5:05 PM Feb 25, 2010
Ohio Bars Can Fight Smoking Ban Fines
A group challenging a policy used to enforce Ohio's ban on workplace smoking says a judge's ruling in favor of a Columbus bar means other taverns who have been cited by the Ohio Department of Health could have their violations tossed.
Reporter: The Associated PressEmail Address: news@wsaz.com |
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COLUMBUS, Ohio (AP) - A group challenging a policy used to enforce Ohio's ban on workplace smoking says a judge's ruling in favor of a Columbus bar means other taverns who have been cited by the Ohio Department of Health could have their violations tossed.
The state is appealing the Franklin County ruling, which says the department exceeded its authority by holding Zeno's bar responsible for the actions of its patrons.
Judge David Cain says the department fined Zeno's despite "no smoking" signs, the removal of ashtrays and requests by employees
that smokers extinguish cigarettes.
The bar was defended by the Columbus-based 1851 Center for
Constitutional Law.
Health department Director Alvin Jackson says the decision is surprising because dozens of other cases have been decided in the
state's favor. The law center says the case is different because
the others were administrative reviews and because the attorney
general has sought to make an example of Zeno's.
Latest Comments
please allow bar owners the right to decide what clients they want to serve such as: noise level dancing how many drinks any one person can have motor cycle customers language smoking no one forces the average person to sit in a bar or accept employment. the owners know what is dangers. I do not like these type of drinking places so I stay out of them. If the owner is not in control he will not make a good income. thanks
Commander fight that fine! I am a non-smoker but do not understand why an area out of the cold would not be acceptable, especially for our Veterans! Thank you for your service... And on another note BOMB BOMB BOMB, BOMB BOMB IRAN!
We have a smoking area out side, we put up a plastic wind breaker for the cold,ohio is making us take it down, and fining us $5,000.00, I would like to help any way I can to keep our freedoms,Land of the what?,contact me for my support(veteran Desert storm).
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