by Hannah McCartney
Judge rejects Columbus restaurant's argument that ban is "oppressive"
Since 2006, the Ohio Smoke-Free Workplace Act has banned indoor smoking at public establishments and places of employment, making Ohio the first Midwestern state to enact a state-wide ban. Despite controversy and contestment, that ban will continue to be enforced statewide. The owner of Zeno's Victorian Village in Columbus who attempted to combat the law was shut down by a unanimous 7-0 vote in the Ohio Supreme Court today, which ruled that the state's six-year smoking ban is constitutional. Ohio's ban affects some 280,000 establishments across the state of Ohio, according to the Ohio Department of Health (ODH). According to the Supreme Court of Ohio's case summary, Zeno's was cited 10 times for violations of the ban from July 2007 and September 2009, receiving multiple fines, none of which were paid. In protest of the violations, the director of the ODH filed a complaint against Bartec Inc., the corporate entity that owns Zeno's, requesting the bar to pay all outstanding fines. Bartec and legal representative 1851 Center for
Constitutional Law, a nonprofit legal center, asserted that the smoking ban was unconstitutional, a violation of the state's policing powers and that prohibiting smoking in an adults-only liquor-licensed establishment such as Zeno’s is "unduly oppressive," according to the case summary. The ban and its enforcement, argued Bartec, constitutes an unlawful taking of property, meaning an improper confiscation of the owner’s control of the indoor air."The goal of this legislation is to protect the health of the workers
and other citizens of Ohio. ... It does so by regulating proprietors
of public places and places of employment in a minimally invasive way.
We therefore hold that the Smoke Free Act does not constitute a
taking,” wrote Justice Lanzinger in her opinion. In her written opinion, Justice Judith Ann Lanzinger also cited 2002 Supreme Court decision, D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health:"We have previously stated that the General Assembly has the authority
to enact a public-smoking ban. ... Although the Smoke Free Act was
ultimately passed pursuant to a ballot initiative, the voters of Ohio
also have a legitimate purpose in protecting the general welfare and
health of Ohio citizens and workforce from the dangers of secondhand
smoke in enclosed public places. By requiring that proprietors of
public places and places of employment take reasonable steps to prevent
smoking on their premises by posting ‘no smoking’ signs, removing
ashtrays, and requesting patrons to stop smoking, the act is rationally
related to its stated objective.”According to the Columbus Dispatch, the bar owes the state approximately $33,00 in violation fines, and the state has threatened to seize and foreclose the bar if the fines aren't paid. See how Ohio's public smoking laws compare to those in other states across the U.S. here.