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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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Judge Dismisses Suit by Columbus Bar Owners to Prevent Enforcement of City's Smoking Ban [01/28-6]
Excerpts from: JUDGE DISMISSES SUIT BY BAR OWNERS SEEKING TO BLOCK ENFORCEMENT
By Mark Ferenchik THE COLUMBUS DISPATCH [01/27/05]
A judge has snuffed out a last-ditch effort by Columbus bar owners to prevent
the city from enforcing the smoking ban next week.
Franklin County Environmental Judge Harland H. Hale yesterday dismissed the suit Columbus bar owners filed last month, citing federal decisions upholding Toledo's smoking ban.
"I'm dutybound to follow case law, and the case law has upheld similar provisions," Hale said.
In their case, the Columbus bar owners argued that the ban unconstitutionally conflicts with state laws, saying the Columbus ban prohibits smoking in some circumstances where state law specifically allows it.
But in his decision, Hale said Ohio has no legislation that comprehensively regulates smoking in indoor public places, such as the Columbus ban does.
"We do not think it conflicts with any general (state) law . . . regarding a comprehensive health measure," City Attorney Richard C. Pfeiffer Jr. said.
Hale also dismissed the bar owners' argument that the ban violates due-process rights because it holds the business owner, and not the smoker, liable for any violations.
After Columbus voters on Nov. 2 upheld the smoking ban that the City Council passed in June, Columbus bar owners filed suit against the city on Dec. 7.
On Dec. 8, Hale denied their request for a temporary restraining order and set a Jan. 20 trial date, continuing that to this Friday to give the bar owners a chance to respond to the city's motion to throw out the case.
The city is set to begin enforcing the ban on Monday in all public places, including workplaces, bars, restaurants, bowling alleys and bingo parlors. The city Health Department will send first-time violators a warning letter, and fine repeat offenders $150 for each citation.
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