Tracy Wheeler, Beacon Journal medical writer
As of today, Ohio's statewide smoking ban gets tough.
Though the law has been in place since Dec. 7, the rules to enforce it were not. That changes today, though, when enforcement -- and fines ranging from $100 to $2,500 -- become a reality.
The measure outlaws indoor smoking in public places, including restaurants, bars, bowling alleys, and, for now, private clubs.
The Ohio Department of Health had exempted private clubs -- such as VFW halls and Elks clubs -- from having to follow the law. However, a Franklin County judge blocked that exemption earlier this week through a temporary restraining order, meaning Ohio's private clubs will be subject to the smoking ban until at least May 14, when a hearing is scheduled in Columbus.
Under the law, businesses are required to prohibit smoking, remove ashtrays and post no-smoking signs carrying the toll-free enforcement number -- 866-559-6446 (OHIO).
Exceptions to the law include homes, tobacco shops, open patios and designated areas within nursing homes.
Enforcement will be a complaint-driven process, meaning that local health departments will not randomly inspect businesses for smoking violations. However, many of the smoking inspectors also work as restaurant inspectors, so if they were to see a smoking violation during a restaurant inspection, they could use their observation as part of an investigation, though they would have to call the complaint line to start the complaint process. Their observation alone would not constitute a violation.
Dr. J. Michael Moser, Akron's health commissioner, said it's his hope that no fines will be levied.
``I believe most property owners and most people want to be law-abiding,'' Moser said. ``They may or may not agree with the law, but the culture of Akron is that people obey the law when the law is enforced.''
For the past four months, while the law has not been enforced, many bars ignored the law, saying enforcing it would put them at a competitive disadvantage.
Ignoring the law now, however, will result in a warning letter for a first offense, with fine of $100 for a second violation, $500 for a third violation, $1,500 for a fourth, and $2,500 for fifth and subsequent violations.
Individuals cited under the law face a warning letter for a first violation and $100 fine for second and subsequent violations.
Moser said he sees the health department's role as helping business ``understand their responsibilities.''
``This isn't going to be a situation where someone makes a phone call and five minutes later someone from the health department pulls up with sirens blaring,'' Moser said.
Filing complaints
Complaints will be filed in Columbus and passed on to local health departments by the next day, said Ohio Department of Health spokesman Kristopher Weiss.
Three counties -- Portage, Ashtabula, and Highland -- have written letters to the Ohio Department of Health saying that they can not afford to enforce the law. Weiss said ODH will be responsible for enforcement in those counties until a local agency can be found to take over enforcement duties.
Investigations won't focus so much on whether someone smoked at an establishment a day or two before an inspector investigates, but rather on that establishment's policy for handling the smoking ban.
``If the signs aren't posted, if the ashtrays are out, then there's a violation,'' Weiss said.
Or as Moser put it, ``Our focus is on the long-term -- the long-term health benefits, the long-term compliance with the law.
``The good news is, we have every reason to believe it will work,'' he said of the new law. ``Other communities, other states have shown it will work. It's just going to take some time.''
Complaints should contain: the nature of the violation, including date and time; name of the business or individual alleged to be in violation; complete address with ZIP code, if known; and the county in which the business or individual is located.
Complaints can be filed as follows:
