Akron bar defies smoke law most

By TRACY WHEELER

Private clubs that are violating the law have Attorney General Marc Dann on their side.

Corky’s Thomastown Caf has the distinction of being one of the top bars in the state.

Unfortunately for owner Billy McFrye, his bar sits atop a list of businesses that have violated Ohio’s indoor smoking ban law.

No business in Ohio has racked up a bigger bill than McFrye’s, which is facing $5,600 in fines so far.

It’s not surprising. Walk into Corky’s, at South Arlington Street and Triplett Boulevard in Akron, and you’re instantly confronted with the overpowering smell of cigarette smoke — not because he lets people smoke, he said, but because he pumps the cigarette smoke smell into his place.

“The law says I can’t allow smoking,” he said with a straight face. “It doesn’t say it can’t smell like smoke.’’

Still, he said, “I’m following the law. I’m just trying to stay in business.’’

Local health departments began enforcing the voter-approved law one year ago Saturday, resulting in 30,000 complaints — or about 82 a day, or about 2,500 a month.

The result has been 17,566 investigations (because many of the 30,000 complaints are duplicates against the same business) and 675 fines totaling at least $189,700.

The vast majority of businesses are complying, though, said Terry Tuttle, environmental health supervisor for the Summit County Health Department.

“You’re talking two or three places out of thousands that are noncompliant,’’ Tuttle said. “The problem we’re having here is a handful of private clubs that feel the law doesn’t apply to them.’’

Those clubs have Ohio Attorney General Marc Dann on their side, since he asked the Ohio Supreme Court to reconsider the smoking ban in private clubs, like VFW halls, American Legion posts and other fraternal clubs. Dann is appealing a Franklin County Court of Appeals ruling that decided the law effectively bans smoking inside private clubs, though the Supreme Court has yet to announce that it will review the case.

“The attitude I’m getting is, ‘Well, we’re not going to do anything about it because we think it’s going to be ruled in our favor,’” Tuttle said, “even though the Supreme Court hasn’t even decided whether or not they’re going to hear the case.’’

There are those who believe the entire law will be repealed.

After a year of enforcement, though, “I would hope that people would be starting to get the message that the law is here to stay, though some refuse to think that,’’ said Cheri Christ, the Akron Health Department’s sanitarian supervisor.

The Akron Health Department has investigated 508 complaints, resulting in 54 warnings and 38 fines, while Summit County has investigated 470 complaints, ending in 60 warnings and seven fines.

“It’s getting to be some of the same offenders who just don’t seem to want to comply with the law,’’ Christ said.

Voters approved the law in November 2006, outlawing indoor smoking in virtually all public places, including restaurants, bars, bowling alleys and private clubs.

Businesses must prohibit smoking, remove all ashtrays, and post no-smoking signs with the state’s toll-free hot line, (866) 559- OHIO (6446), at all entrances and throughout the building.

Those that don’t comply face an initial warning. A second violation brings a $100 fine, which grows to $500 for a third violation, $1,500 for a fourth, and $2,500 for fifth and subsequent violations.

And the fines can go higher. Local health departments can double the fines “if they deem the violations are intentional,’’ said state health department spokesman Kristopher Weiss.

Only seven establishments across Ohio have reached the $2,500 mark. Corky’s is one of them, as is the Fraternal Order of Orioles on Whipple Avenue N.W. in Canton.

McFrye said he asks people not to smoke inside Corky’s, but he can’t bring himself to force longtime customers, especially elderly ones, to smoke outside, especially in bad weather. He can’t stand to see smokers persecuted, comparing their plight to that of the Jews in Nazi Germany and the African-Americans in the segregated South of the 1950s.

“This is my business,’’ he said. “This is my money. No politician, no voter, has put a dime into this place. And they think they can tell me how to run my business? It’s just like the Nazis. It’s fascism, that’s what it is.’’

Local health departments say enforcement of the ban has been expensive for them, too. Christ says it has cost thousands in overtime and gasoline. So far, only $1,700 has come back from the state, but Akron should see at least $11,800 in fines reaching its coffers. (The state returns 90 percent to local communities once fines are collected.)

Thirteen health departments, including Portage County, have relinquished enforcement to the Ohio Department of Health because of the costs.

“It’s been costly, I can tell you that,’’ said Tuttle, though Summit County has no plans to pass off enforcement to the state.

“It’s part of what we do,’’ he said. “We’ve been given the task. The law is passed. We have the jurisdiction. It’s up to us to do the best job we can with the funding we have. I sure wish we had more funding, though. Exclamation point.’’