Updated Wed, May 23, 2012 10:22 am
The Ohio Supreme Court has ruled that a statewide smoking ban is constitutional.
In a unanimous decision Wednesday, justices 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.
Zeno's Victorian Village had been cited 10 different times between July 2007 and September 2009. The bar argued the smoking ban should have been enforced against smokers, not businesses.
Justices said there was evidence that the bar tacitly allowed smoking and had plastic cups partially filled with water that were placed around the bar as ash trays. They further noted the bar had access to an appeals process and did not take advantage of it eight of 10 times.