Group Seeks to Block Enforcement of Toledo's Smoking Ban [01/27-2]

Excerpts from: Smoking ban fight goes to court Taverns for Tots seeks to block Toledo's enforcement of law


By TOM TROY Toledo Blade [01/27/04]

A recently formed nonprofit group launched a legal challenge to the city's smoking ban yesterday, hoping to gain the private club status that would enable participating bars to allow smoking.

Taverns for Tots, Inc., filed a request for a temporary restraining order in Lucas County Common Pleas Court yesterday afternoon The petition is set for a hearing today in front of Judge Charles Doneghy.

The complaint also seeks a permanent injunction blocking enforcement of the ordinance, Ohio's strictest anti-smoking law.

The group, which claims to have signed up more than 60,000 members, charges that the city is overstepping its authority by trying to determine what private clubs and social functions would be exempt from the law.

It says the law violates state law and the First Amendment of the Constitution, which guarantees freedom of speech and assembly.

Toledo Law Director Barbara Herring said the city will fight the injunction request. She said that unless or until an injunction is approved, bars that hold Taverns For Tots events are not exempt from the smoking ban.

Toledo's smoking ban, passed in July and enacted Aug. 24, bans smoking in all bars and restaurants, except "membership associations," "private social functions," approved smoking lounges, and bars smaller than 245 square feet.

At the time the law passed, membership associations and private social functions were described as including such groups and activities as veterans' clubs and wedding receptions, as long as the general public is not invited.

The law requires clubs to register with the Division of Environmental Services, and the city posted an application form on its Web site last week.

The suit claims that the law is vague and unenforceable. And it claims that the eight-page application form is intrusive. The suit contends that the city's request for an application from Taverns For Tots is discriminatory because no other nonprofit has been asked for the application.

Ms. Herring said Taverns For Tots was asked to complete an application because the group claimed to be exempt from the law after notices of violation were filed against three taverns accused of allowing illegal smoking.

She said that all nonprofit clubs are technically in violation of the smoking law until they have filed an application and received approval from the city.

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