CINCINNATI — For years, the Cincinnati Board of Health has assisted the state of Ohio in regulating tobacco retail establishments under the Ohio Smoke Free Workplace Act.
Businesses found in violation of the act have often been issued little more than violation notices and fine citations, but a recently passed resolution could be the key to ramping up enforcement.
The measure, approved unanimously during the board of health's regular meeting last week, grants the agency the authority to involve the city's law department and pursue legal action when needed, providing an additional tool to ensure compliance with the act in situations where other enforcement efforts have not resolved the issue.
"It's not uncommon to get customer service requests of any kind, so just generally speaking, we see things very commonly and issue orders and citations and that typically resolves the matter," Cincinnati Health Commissioner Grant Mussman said.
We sat down with Mussman, who explained the significance of the resolution when it comes to repeat and chronic violators. He said the BOH has always had the authority to work with the law department, but there was confusion as to how. That confusion is now clarified.
"The exact nuts and bolts of how that was supposed to occur was left up in the air, and what we've seen recently is just some questioning from folks of, 'What is the authority after — what if I don't pay the citation? What's the authority after the citation?" Mussman said. "Clarity is always good. I think it's always good to be very explicit about what our authority is and what lengths we'd be able to go to to be able to make sure state law is followed and to make sure we have the nuts and bolts in place to do that."
WATCH: The Cincinnati Health Commissioner explains the significance of the resolution
Under the act, the state’s full authority to bring cases to court did not extend to local boards of health, Cincinnati's law department said. The City of Cincinnati has been able to pursue legal action against eight hookah lounges since 2023, but those lawsuits took time to craft by compiling evidence, including citations, records of police calls for service and collective community complaints.
We reported on some of those efforts in a 2024 I-Team investigation.
The city said this resolution will help in efforts to crack down on hookah establishments that are proving problematic because the BOH can now work with the law department to file a court injunction.
A city spokesperson provided us with all eight lawsuits filed by the law department against hookah establishments deemed nuisance properties since 2023. The businesses at the center of the complaints are Red Room Hookah, Hookah on the Rhine, Miami Hookah, Haze Hookah, Jerina’s Lounge, Legacy Lounge, Rusconi’s and 125 Lounge.
Not all of the locations were primarily or solely hookah establishments — Rusconi’s and Legacy had liquor licenses and have since been shut down — but all offered some kind of hookah. The city also closed Bagman Hookah at 125 Calhoun Street due to the threat of litigation, the spokesperson said.
The city filed its most recent lawsuit against Miami Hookah Bar & Grill in March. The complaint alleges that the Roselawn establishment is an illegal bar and nightclub.
Despite knowledge of required licensing and permits for various aspects of its operation, defendants have failed to obtain necessary governmental approvals for Miami Hookah, including building permits, a certificate of occupancy, exemption from Ohio Smoke Free Workplace Act, tobacco retailer license and liquor permit, the lawsuit reads.
We also reported on complaints surrounding the Bohemian Hookah Bar in Clifton following late-night street takeovers earlier this summer. Neighboring businesses have demanded that the city file a public nuisance lawsuit against the establishment, but that has yet to happen.
