State ban lost in the smoke

Violations abound in check of night spots

By Sam Shawver, sshawver@mariettatimes.com
You couldn’t miss the sign posted in a front window at the Norwood Tavern: “No Smoking. To report violations call 866-559-OHIO (6446) in accordance with Chapter 3794 of the Ohio Revised Code.”

Nevertheless, at least three of the seven people inside the bar Tuesday evening were smoking, according to a Marietta Times reporter who visited the establishment.



Over the last week, Times’ reporters scanned 14 local bars, taverns and restaurants for violations of the state smoking ban. Violations were evident at four of those, including the Locker Room Sports Bar, Four Seasons Club and Norwood Tavern on Greene Street, and at the Misty Blue tavern on Ohio 821.

“Unfortunately it happens,” Norwood Tavern owner Mary Eddy said Friday. “This is the time of year when our business is down anyway because of warmer weather. But we’re in the process of trying to build on an outdoor patio where people can smoke.”

A message left with the Locker Room Thursday was not returned. Phone numbers could not be located for the Four Seasons and Misty Blue, and a manager was not available when the Four Seasons was visited Friday afternoon.

Enforcement of Ohio’s statewide indoor smoking ban took effect exactly one year ago today, although the measure was approved by voters in November 2006.

Eddy said the ban has affected her business and she would like to see some modifications to the law.

“I think a lot of people who voted for the ban didn’t know what they were voting for—they really didn’t read the fine print,” she said. “And I’ve heard that the Ohio Liquor Bar Association is working on a bill that would allow smoking in privately owned bars and private clubs.”

Donn Kerr, a truck driver from Marietta, said the smoking ban is killing the small “mom-and-pop” taverns.

“It’s not really hurting larger clubs,” he said. “And it’s us working guys that go to bars like Mary’s to have a beer after work who help pay the mortgages for these little bars.”

Kerr said he and other patrons know a smoky bar is not a healthy atmosphere, “but I don’t apologize for my actions. I like to sit down, relax, have a couple of beers and smoke.”

Relaxing and having a couple of beers is still possible, but smoking is out according to the constitutional amendment approved by Ohio voters that says businesses and other places of employment must prohibit smoking, remove ashtrays and post no-smoking signs with the toll-free number on it at all building entrances.

Kerr pleaded no contest to criminal trespassing in March 2007 after he reportedly refused to leave the Marietta Brewing Company on Dec. 10, 2006. He had been asked to do so because he was smoking.

Kerr admitted to smoking but said he didn’t recall being asked to leave. Enforcement of the ban had not begun yet, so he was not penalized under that law. He paid a $180 fine.

“They said it was trespassing, but it was (for) smoking,” Kerr said. “They just made an example out of me.”

A first violation of the regulation brings a warning letter from the local health department. Subsequent violations are subject to fines ranging from $100 for the second infraction up to $2,500 for five or more violations.

“This just makes people who are doing something perfectly legal—smoking—break the law,” Kerr said.

But keeping tabs on violators has been sporadic at best.

Jim Warren, director of environmental health with the Noble County Health Department, noted the program is entirely complaint-driven. There are no random inspections.

When the department receives the first complaint about a place, the establishment is called and questioned, Warren said. If they indicate they are complying, the complaint is dismissed, he said.

Upon receiving a second complaint, the department sends someone to the location to investigate.

Whether a warning, or later a fine, is issued depends on what the investigator finds.

“It’s what we see at that moment; it’s not what went on Saturday night,” Warren said.

While Warren said Noble County appears to have good compliance with the ban, he said he would not be surprised to learn smoking is still going on at some locations.

“I suspect we’re having the same thing, and either no one complains or they’re all smoking,” he said.

Washington County health commissioner Kathleen Meckstroth said the county health department sends a notice of complaint to businesses and sends a sanitarian to investigate unannounced. But that is only after a complaint is received.

“We don’t go out looking for violators, but receive anonymous complaints submitted through the toll-free number to the Ohio Department of Health,” she said.

“If someone complains, we investigate,” Meckstroth said. “But there have been instances when our agency or others are doing inspections in other areas of a business and may notice a smoking violation. It will be reported and will eventually work its way through the system.

“If we see a blatant disregard for the rules, those fines can be doubled,” Meckstroth said.

She said a blatant disregard could include an owner saying he or she would continue to allow smoking or has made no effort to change after receiving a warning. They haven’t encountered that here.

Initial appeal goes to the board of health, but cases can be appealed to the 10th District Court of Appeals in Franklin County.

The smoking ban does have its supporters, like Denise Ramser of Gambier, who was visiting downtown Marietta on Friday.

“In the past, we’ve had to wait for tables to become available in the non-smoking areas of restaurants,” she said.

Ramser explained she has allergies and one of her three children is asthmatic.

“Now we can even go into the bowling alleys,” she said.

Mary Catherine Holden smoked for more than 20 years before she finally quit. Now she’s approaching her 92nd birthday.

“I really appreciate the law, and now there’s always a restaurant where we can go without worrying about smoking,” Holden said.

Ex-smoker Tammy Hendrickson was walking the River Trail with Holden on Friday.

“I’ve been off cigarettes for two months now, and having places to go where there’s no smoking is such a big relief for me,” she said.

Evan Bevins also contributed.