In Ohio, officials struggle to enforce smoking ban

DAYTON (AP) — Two years after Ohio voters overwhelmingly passed a smoking ban in public places, officials are struggling to enforce the law.

Just 5 percent of complaints investigated by officials across the state have resulted in fines. The appeals process can drag on for months.

In Warren County in southwest Ohio, officials have not imposed a single fine for smoking violations, despite more than 200 investigations since May 2007.

“It’s an unenforceable law,” said Jerry Badders, owner of The Courtyard Lounge in Englewood. Badders appealed his $100 fine in August and plants to continue to fight it all the way to court.

Restaurant owners and anti-smoking groups, including the American Cancer Society, are fighting legislation in the Ohio House and Senate that would permit loopholes in the ban.

A Senate bill would allow smoking at certain family-owned businesses and private clubs while a House bill would exempt stand-alone bars from the ban.

Sen. Tom Roberts of Dayton said the difference between the proposed law and its enforcement has led voters to believe there was a “bait and switch” on promised exemptions.

“The law has to be enforced for everybody, or some businesses will have an unfair advantage,” said Amy Haverstick, president of the Miami Valley Restaurant Association.

Health officials say the state failed to provide a viable means of funding enforcement of the smoking ban.

Fines do not cover enforcement costs, and the state only spends $625,000 on the program, which is distributed on a per-capita basis.

In total, Ohio has just two investigators who visit bars and clubs to enforce the ban — and 35 of 130 local health districts have turned over enforcement to state officials.

“If the law isn’t being enforced, I’m really saddened,” said Ana Titus, a spokeswoman for Ohio division of the American Cancer Society. “That’s not what Ohio’s 2.2 million voters voted for in 2006.”

Bar owners say the law has hurt business, and some are looking the other way.

“My wife and I stopped hanging out at bars except for the ones where we know we can sneak a cigarette,” said Jeff Gaines of Miamisburg.