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Lodge appeals smoking sanction
Moose Lodge officials say they're doing their best to enforce indoor smoking ban.
Wednesday, March 26, 2008
MIDDLETOWN — Moose Lodge 501 in Middletown — allegedly among the top violators in the state — is appealing the Butler County Health Department's decision that the lodge is violating Ohio's indoor smoking ban.
The health department based in Hamilton levied a $100 fine in November. Health officials said they've received nearly 200 reported violations, conducted several inspections — including two where they saw evidence of smoking — and issued a warning letter.
Extras
Attorney J.C. Shew represented the Loyal Order of the Moose social club in an administrative hearing Tuesday, March 25. He argued that the lodge — the nation's largest, with more than 10,000 members — is doing everything it can to enforce an unenforceable law.
"The problem here is the law is not specifically written as to what a social organization is required to do," Shew said.
Leaders at the lodge located at 3009 S. Main St. said they have posted no-smoking signs, taken away ashtrays and told people not to smoke.
Moose Lodge Gov. Larry Turner said it's the health department's job to enforce the law, not his.
But the lodge should kick out violators, said Assistant County Prosecutor Roger Sorey.
"The lodge intentionally violated the law and continues to do so," said Sorey, representing the health department. He argued that the fine should be doubled and the lodge ordered to pay court costs for the appeal.
A health department inspector testified that as recently as Monday, March 24, he visited the lodge and saw someone smoking. Signs are up and ashtrays removed, but he said people were using empty beer bottles as ashtrays.
Moose lodge officials said the number of reported violations could be misleading, and that because the calls are anonymous, there's no way to know whether the calls came from a few members of the Fraternal Order of Orioles across the street.
"The Orioles want to shut us down," said Jerry Gabbard, lodge administrator.
Fred Miller, the appointed hearing officer, said he'll work quickly to make a recommendation to the county health board, which will decide whether to maintain the fine. If they do, the lodge may appeal to the 10th District Court of Appeals in Columbus.
Meanwhile, the health department is pursuing additional fines for other violations.
Contact this reporter at (513) 820-2175 or jsweigart@coxohio.com.
