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State sues 2 bars for allowing smoking

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By Tiffany Y. Latta, Staff Writer 5:34 PM Friday, August 14, 2009

Bars in Cincinnati and Columbus were named Friday, Aug. 14, in the state’s first lawsuits alleging violations of the Smoke-free Workplace Act.

O’Neal’s Tavern, 7466 Beechmont Ave., in Anderson Twp. in suburban Cincinnati and Zeno’s in Columbus have been cited for multiple violations and assessed fines upward of $20,000 in the last two years, according to Ohio Attorney General Richard Cordray and Ohio Department of Health Director Dr. Alvin D. Jackson.

“The issue at hand is clear disregard for Ohio law,” Cordray said in a statement. “These establishments have been warned and fined repeatedly over a two-year period to no avail. They continuously push the limits and have given us no alternative but to seek the court’s intervention.”

O’Neal’s Tavern has been cited for 12 violations and accrued fines of more than $21,000. Zeno’s has been cited for nine violations and fined more than $28,000, according to court documents.

The lawsuits seek a court order requiring the bars to comply with the state smoking ban.

In November 2006, Ohio became the 12 state to ban smoking in public places. Enforcement began May 3, 2007.

Since then, more than 44,000 allegations have been called in to Ohio’s toll-free enforcement number, (866) 559-6446.

Jackson said most businesses — more than 280,000 statewide — comply with the law.

But ODH and local health departments have issued more than 3,100 warning letters to violators and assessed more than 1,800 fines.

“We take our commitment to enforcing the will of Ohio’s voters seriously and these filings illustrate that,” Jackson wrote in a press release. “Businesses must comply with the Ohio Smoke-free Workplace Act by prohibiting smoking, removing ashtrays and posting no-smoking signs with Ohio’s toll-free enforcement number.”

Calls to O’Neal’s had not been returned before publication.

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