As first reported on WCPO.com, the last legal hurdle to enforcement of Ohio's indoor smoking ban has fallen, with a local judge's decision.
Hamilton County Common Pleas Judge Fred Nelson denied a request from bar and restaurant owners for an injunction to stop the smoking ban.
Starting Thursday morning, complaints to the Ohio Smoking Ban Hotline at 1-(866)559-6446) will -- for the first time -- be checked out and enforced by local health departments.
Starting tomorrow, the outdoors and your own home will just about be the only sure places where smokers will be able to light up.
After six months of formulating rules for the indoor smoking ban, they'll finally go into effect on Thursday.
Judge Fred Nelson turned down a restaurant association's efforts to stop enforcement of the smoking law, immediately.
Partially reading his own decision, Judge Nelson told the court, "It should be obvious -- I believe -- that I do not have the power on my own to impose my own policy views on the voters of the state."
Naturally, lawyers for both the Ohio Health Department, the defendant in the lawsuit, and the American Cancer Society were pleased by the injunction denial.
Cancer Society lawyer Donald McTigue says, "Bars, taverns, restaurants are all places of public accommodation. So people are still free to smoke but they just can't smoke at places of public accommodation or places where employees work."
A lawyer for the group fighting for an injunction and against the smoking ban is the Buckeye Liquor Permit Holders Association, a bar and restaurant owners group.
Its lawyer, Lou Sirkin, tells 9News, "Of course, we're disappointed. But we are not done. We just have to go back and see if we can appeal the order and today's denial of our preliminary injunction."
Judge Nelson set a November 19 trial date to hear the full case about the constitutionality of the indoor smoking ban on bar and restaurant owners.
Those owners made it clear they intend to fight hard to get the smoking ban overturned.
The President of the Buckeye Liquor Permit Holders Association, Patrick Carroll, says, "We know its a tough issue. But it's about our fundamental rights. We're private businesses that allow the public in. Until we start receiving government money, we are a private business."
9News got some bold predictions on what will happen when the issue goes to trial.
Attorney Sirkin adds, "And we expect the outcome to be different."
Starting Thursday, Ohio bars and restaurants will face official warnings for allowing smoking in their establishments.
Fines ranging from $100 to $2,500 could follow for subsequent violations.
The liquor permit holders' association is even asking members to appeal warnings to the circuit court in Columbus as a way to protest the smoking ban.
The Buckeye Liquor Permit Holders Association plans to put a copy of Judge Nelson's ruling on its website.
