Howland bar pays smoking fine

A lawyer said he hopes the Ohio Legislature approves a ‘more reasonable’ law.

WARREN — A planned administrative review of the smoking law violation for Leon’s Sports Bar and Grille in Howland Township was canceled at the last minute this week, when the bar’s owners agreed to drop the appeal.

“We respect the law. We respect the health department, and we’re going to comply with the laws of Ohio,” said Atty. Gary Rich, who represents the owner of the bar, Richard Kelsh.

Kelsh’s bar was among a group of taverns and other workplaces that received notices of violation after the state’s Smoke-Free Workplace law went into effect this May. However, Kelsh is the only one who vowed to fight the notice and whose case reached the administrative review stage.

In such a review, the establishment is allowed to present testimony to the county board of health to support its claim of not violating the law. The appeal was set to be heard at a board of health meeting Wednesday.

Rich and a lawyer for the Trumbull County Board of Health settled the matter beforehand.

The health board said inspectors witnessed a customer smoking at the bar in front of a bartender, violating a prohibition against ashtrays. Also, the place didn’t have the required no-smoking signs.

Kelsh has said he was aware that enforcement of the new law was to begin May 3, so he removed all of the ashtrays inside the business, but it didn’t stop all of his customers from smoking. He also posted signs telling people that smoking in the business was illegal, but people tore the signs down.

Dr. James Enyeart, the county’s health commissioner, said the department has been notified 17 times of violations at the bar, including some violations that occurred after the bar received its notice of violation in May.

Dr. Enyeart said Kelsh has agreed to pay his $100 fine and “to sin no more.”

Dr. Enyeart said the case demonstrates that the health department is willing to investigate complaints at night or whenever necessary.

“We make every effort to make the patrons comply,” Rich said, adding that he is hopeful that the Ohio Legislature will enact a “more reasonable” law down the road.

Kelsh said he lost a lot of business at the state Route 46 tavern after the law went into effect. He could not be reached to comment Friday.

runyan@vindy.com