Court Upholds Ohio’s Smoking Ban

Hamilton County Court Says Law Is Constitutional

March 10, 2008 -- COLUMBUS - For the first time, an Ohio common pleas court has ruled that a state law which bans smoking in public places and in most places of employment is constitutional.

The ruling from the Hamilton County Common Pleas Court was filed Friday. The case is the only constitutional challenge to the Ohio Smoke Free Act that has resulted in a court decision.

The law had been challenged by Buckeye Liquor Permit Holders which argued that the Smoke Free Act violated due process and was generally vague. The bar and restaurant owners filed the lawsuit against the Ohio Department of Health last year.

Judge Fred Nelson granted the Ohio Department of Health’s motion for summary judgment, concluding that the law is constitutional. In his decision, Judge Nelson reiterated portions of an analysis of the law that he wrote last May.

“This court concluded that neither the Constitution of the United States nor the Ohio Constitution creates a fundamental right to smoke in public,” said Judge Nelson in his decision, adding “The court declines to fabricate such a right."

Attorney General Marc Dann applauded the decision as landmark support of Ohio voters who approved Issue 5, “Smoke Free Ohio” in 2006.

“The voters told the Ohio Legislature to pass laws regarding smoking in public places,” said Attorney General Dann. “As a result, the Ohio Department of Health passed rules to implement the laws and has been enforcing those rules since last year. My job is to defend what Ohio’s voters clearly wanted from their public officials,” he said.

The Attorney General also praised several assistants from his Tobacco Enforcement Section for successfully defending Ohio law: Section Chief Susan Walker and Assistant Attorneys General Steven McGann and Angela Sullivan, and, representing the Ohio Department of Health, Assistant Attorneys General Peggy Corn and Melinda Snyder Osgood.

Editor’s note: Judge Nelson’s decision was filed with the Hamilton County Common Please Court on Friday, minutes before the courthouse closed for the day due to inclement weather. The decision was not available until today.

Source: Ohio Attorney General

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