Enforcement of smoking ban should not come as surprise

By a vote of 2,370,369 to 1,679,956, Ohioans said in November 2006 that they wanted smoking banned in public and work places. That stand was taken after much heated debate across the state, with smokers contending that a ban would violate their personal rights, and non-smokers arguing that second-hand smoke has been shown to cause health problems.

Owners of businesses were up in arms about government’s telling them what they can and cannot do in their establishments, while employees of the businesses where smoking was commonplace, such as bars and restaurants, countered that they were being exposed to work place hazards.

Everyone who wanted to have a say was given the opportunity to be heard — on the local and state levels.

The final vote on the constitutional amendment showed that supporters of the smoking ban won the day. A law was enacted in December and enforcement was launched in May 2007 — based on regulations developed by the Ohio Department of Health.

Thus, after almost two years, no one in the state can claim ignorance of the law. If there are violations, therefore, it means individuals have made a conscious decision to indulge in unlawful behavior.

Governments at all levels cannot sit idly by while some people believe they are above the law. Fortunately, a majority of Ohioans are obeying the smoking ban.

The decision by the Mahoning County Health Department to step up its enforcement in public and work places is neither heavy-handed nor unfair. Indeed, not to crackdown on violators is unfair to those entities that have done everything required of them to ensure a smoke-free environment.

Violation notices

Earlier this month, county health Commissioner Matthew Stefanak revealed that department sanitarians issued notices of violation to two bars in Austintown and one in Sebring. The action was taken Feb. 12, after the businesses had previously received violation warning letters.

The sanitarians were accompanied by police in Austintown and Sebring when the notices were issued. That’s because health enforcement officers are not armed. The businesses could be fined up to $1,000. The violators have 30 days to appeal, which one of the bars intends to do.

Before there is talk about Big Brother watching, consider this: The health department can respond only to complaints that have been filed with the Ohio Department of Health.

And lest anyone think that the no-smoking ban has created a cottage industry of tattletales, here’s reality: Since May 2007, there have been a mere 541 complaints filed in Mahoning County. Indeed, the number has tapered off over time to an average of one or two a week — and most are from a few places.

Local health departments do not have the option of turning a blind eye to the complaints filed. The warning letters are meant to encourage business owners to voluntarily end illegal smoking. But once they’re on the health department’s radar screen, there should be no doubt about what will happen next.

It does not pay to be obstinate. The voters of Ohio and the General Assembly have spoken. And, a majority of the public and work places are listening.

We can empathize when those businesses that are trying to hold on to their customers however they can in this challenging economic climate, but the law is the law.