Ohio Judge Says Smokers, Not Bars, Responsible for Smoking-Ban Violations

Ohio’s smokefree law calls for fines of up to $1,000 on businesses that violate the statute, but a state judge recently ruled that patrons should be penalized for lighting up, not property owners.

WYTV-33 reported Feb. 26 that Common Pleas Judge David Cain said that bar owners cannot be held liable for violations if they try to prevent customers from smoking. “This all comes down to the fact that property owners can only do so much, especially in regards to third parties,” Cain said in his ruling. “They can put up ’no smoking’ signs. They can take away ashtrays. They can ask patrons that are smoking to leave. Outside of these things, there is little property owners can do.”

State officials said they would appeal the ruling, although they noted that most enforcement against bars and restaurants have focused on failure to post signs and remove ashtrays, not on individuals smoking.