First smoking ban violation suits filed

By Dave Larsen, Staff Writer Updated 9:34 PM Friday, August 14, 2009

The first two lawsuits have been filed against Ohio establishments for violations of the Smoke-free Workplace Act.

The suits were announced Friday, Aug. 14, by Ohio Attorney General Richard Cordray and Ohio Department of Health Director Alvin D. Jackson.

Complaints were filed in Hamilton County Court of Common Pleas against O’Neal’s Tavern in Cincinnati and in Franklin County Court of Common Pleas against Zeno’s in Columbus.

The complaints seek a court order requiring the bars to comply with the state smoking ban.

According to court documents, O’Neal’s Tavern has been cited for 12 violations with fines of more than $21,000, and Zeno’s has been cited for nine violations and fines of more than $28,000.

“We do take seriously our obligation to enforce Ohio voters’ will,” said Kristopher Weiss, Ohio Department of Health spokesman.

More than 44,000 alleged violations have been reported since enforcement began May 3, 2007. No other suits are imminent, Weiss said.

The attorney general’s office looks at smoking ban violations on a case-by-case basis, said spokeswoman Kim Kowalski. “If we have additional establishments that violate to the extent that these two have, then yes, we’ll have additional suits,” she said.

Establishments receive a warning letter for their first violation, followed by progressive fines of $100, $500, $1,000 and $2,500 for subsequent violations, Weiss said.

A total of 144 warning letters have been issued to Dayton and Montgomery County establishments through Monday, Aug. 10, according to ODH data. Forty-six establishments have been fined once, with 20 being fined twice, seven being fined three times and six being fined four or more times.

Ten warning letters have been issued to Warren County establishments, but none were fined. In Miami County, there have been 47 warning letters issued, 16 first fines, seven second fines, three third fines and one case of four or more fines.

Figures for Greene County were not available.

Search for complaints against Ohio businesses for alleged smoking violations. Updated through August 14.

Contact this reporter at (937) 225-2419 or dlarsen@DaytonDailyNews.com.