SMOKING BAN Judge rules penalties are too high

The ordinance bans smoking in most bars, restaurants and bowling alleys.
TOLEDO (AP) -- A judge has thrown out some penalties of the city's smoking ban, but rejected other claims and refused to dismiss charges filed against two bar owners.
Judge C. Allen McConnell of Toledo Municipal Court ruled that the law passed in July illegally sets fines higher than the $100 ceiling allowed by state law for minor misdemeanors.
The section he threw out created graduated penalties of $600, $800 and $1,000 for bar owners who illegally permit smoking. It also required violators to attend tobacco education courses.
That part of the law will go back to the city council for reconsideration.
The ordinance took effect in August and bans smoking in most restaurants, bars and bowling alleys unless they have a separately ventilated smoking lounge.
Motion
McConnell's ruling Friday comes from a motion filed by two bar owners arguing to have the cases dismissed.
The ruling had been expected to give clarity on whether the ban can stand up in municipal court, where misdemeanor cases are tried.
Law Director Barb Herring said the city will continue to impose fines of $100 -- per day, if necessary -- on bar owners who illegally allow smoking. She said the ruling means each violation now will be treated as a misdemeanor crime.
Lawyers for two bar owners say their clients were exempt from the ban because they were holding "private social functions" when they were cited.
The city argues the parties were sham events designed to evade the law.
McConnell did not rule on the cases, but said he will not have trouble figuring out what is a public event and what is private.
Lawsuits challenging the ban have been filed and rejected in U.S. District Court.