Ohio Supreme Court upholds state's smoking ban

COLUMBUS (AP) — Ohio’s statewide smoking ban is constitutional, the state Supreme Court ruled unanimously today.

The court rejected claims by a Columbus tavern owner that argued the fines it was charged for violations were an illegal taking of property, violating the state’s legitimate police powers.

Justice Judith Ann Lanzinger, in authoring the opinion, wrote, “The goal of this legislation is to protect the health of the workers and other citizens of Ohio.”

She said, “It does so by regulating proprietors of public places and places of employment in a minimally invasive way.”

Zeno’s Victorian Village had been cited 10 different times between July 2007 and September 2009 totaling $33,000. The tavern was also known as Bartec Inc., whose CEO and sole shareholder was Richard Allen.

The bar argued that the smoking ban was intended to be enforced against smokers, not businesses. The ban prohibits smoking in most indoor public places. It was overwhelmingly approved by Ohio voters in 2006 and took effect in 2007.