Smoking-violation hearing for bar owner is canceled

The bar owner says Ohio’s smoking law is unfair.

WARREN — A hearing was canceled at the last minute for the owner of Leon’s Sports Bar and Grille to contest the notice of violation the business received in May for the state’s new Smoke-Free Workplace law.

It is likely to be rescheduled within the next month.

Frank Migliozzi, director of environmental health for the county health department, said Leon’s is the only one of the businesses that have received a notice of violation whose case has made it to the administrative review part of the legal process.

This week, the board had planned to hold an administrative review hearing to give Leon’s representatives a chance to say why the business did not violate the law.

But Leon’s asked for a rescheduled date for the review because its lawyer could not attend, Migliozzi said. He expects the review to be rescheduled sometime within the month.

If the board or hearing officer appointed by the board upholds the earlier health board notice and Leon’s still wants to fight the violation, the next step will be for Leon’s to appeal the notice to Franklin County Common Pleas Court, Migliozzi said.

Owner plans to fight

Richard Kelsh, owner of Leon’s, said he will fight the law and the health department’s violation letters because the law is unfair.

The law requires 95 percent of his clientele to go outside to smoke “so that the other 2 percent feel better about themselves,” Kelsh has said.

The other 3 percent of his customers don’t smoke and don’t care whether people smoke around them, he said.

The General Motors Assembly Plant on Hallock-Young Road also received a notice of violation in May, but Migliozzi said no hearing is needed for that violation because the company agreed to install additional signs.