Smoking ban costly for private clubs
Complaints most frequent at Legion, Eagles

By KENT MALLETT, Advocate Reporter

Complaints database available at link on right

NEWARK -- Private club members blame the year-old statewide smoking ban for taking away business, while local health officials said most establishments have complied with the new rules.

The Ohio Department of Health reported 318 official complaints of smoking violations in Licking County since the statewide regulations began May 3, 2007. The complaints resulted in eight warning letters and one fine.

The lone financial penalty, of $100, was given to Bob's Bar and Grill, on Hebron Road in Buckeye Lake. A phone message left for the bar owner was not returned.

Warnings were issued to: Nick's Saloon, VFW 1060, Newark Maennerchor, Eagles 387 and American Legion, all in Newark; Danny's Midway Bar, Pataskala; and Freddie's Inn, St. Louisville.
The majority of the complaints, 218 out of 318, were alleged violations at bars or private clubs. Restaurants accounted for only 17 of the complaints filed with the health department.

"Most places, if we went out once and caught them at it, they'd stop it," Licking County Health Commissioner Joe Ebel said. "A few places still (are) trying to push the limits."

Three clubs in Newark -- American Legion Post 85 at 85 S. Sixth St., Newark Eagles 387 at 52 Forry St., and Heath Eagles 3723 at 1007 Hollander St. -- accounted for 70 complaints.

Terry Allen, secretary at Newark Eagles, said the smoking ban eventually might shut them down.

"We're losing $600 every day we're open," Allen said. "If things don't change in the next couple years, we're out of business. We're making all kinds of cuts."

The club dropped from 1,900 members one year ago to about 1,400, Allen said. The law voters passed did not apply to private clubs, but the interpretation changed after voters approved it, he said.

"The voters of Ohio were actually lied to," Allen said. "The Moose, Legion, Elks -- all that was supposed to be exempt. That's what it stated right on the ballot.

"They just quit coming," Allen said. "The gambling law hurt a couple years ago, and this came along and it's just crippled the club."

The state overstepped its authority when writing rules exempting private clubs, a Franklin County Common Pleas judge ruled in 2007. Smoking at clubs would violate an intent of the ban to keep workers from being exposed to secondhand smoke, he said.

Grant Collins, president of Heath Eagles, acknowledged they've had some complaints about smoking.

"We tell people there's no smoking, but sometimes they go ahead," Collins said. "The person smoking will get the fine, then. That's what we understand."

Throwing smokers out of the club is not a good solution, Collins said. Non-smokers don't drink as much or stay as long, he said.

"If you do that, you lose business, and we can't afford to lose any more," Collins said. "We're doing the best we can. We're surviving; that's about it."

Special events and games on weekends has saved the club so far, but sales are down during the week.

Enforcement at the private clubs in Newark remains a little behind other places, Ebel said, because of the merger with the city health department.

"We just kind of inherited those after the merger, and it's still fairly early in the process because we're not sure how far they got with the city health department," Ebel said.

The possible loss of state funds for prevention and outreach efforts could have a negative impact in the future, Ebel said. Smoking opponents are due in court to fight for $230 million in funds they say the state illegally raided to finance its jobs program.

Gov. Ted Strickland signed a bill that almost would wipe out the Ohio Tobacco Prevention Foundation's anti-smoking fund, created from Ohio's share of a 1998 settlement with tobacco companies.

"Part of the money may not be there next year," Ebel said. "The prevention and outreach education, that's where the loss of funding would have a big impact."

Mary Siembida, health educator for the Licking County Health Department, said a study in Bowling Green showed the smoking ban improved the health of the community.

The study found a 39 percent decrease in hospital admissions for coronary heart disease within one year of passing an indoor air ordinance.

Siembida said she's heard positive comments about the ban from families who eat out at local restaurants.

"Families enjoy going out to dinner at a restaurant and not having kids sitting in or close to a smoking section," Siembida said. "It all comes down to the health of our people."

Kent Mallett can be reached at (740) 328-8545 or kmallett@newarkadvocate.com.
http://www.speakohio.com/viewtopic.php?p=93648&highlight=private+clubs+exempt#93648

---

COLUMBUS, Ohio -- Attorney General Marc Dann is siding with private clubs about Ohio’s smoking ban.

Dann asked the Ohio Supreme Court to review a decision that bans smoking in private clubs.

There was an exemption in the 2006 act that said private clubs could allow smoking, but it was struck down.

Dann said voters obviously intended for the exemption to go into effect. http://www.whiotv.com/news/15304346/detail.html
2/14/08

---

Top Ohio lawyer asks court to allow smoking in private clubs
February 14, 2008

COLUMBUS, Ohio — Ohio’s top lawyer is asking the state’s highest court to reconsider an effective ban on smoking in private clubs.

The Ohio Supreme Court must decide whether it will take up the question of whether VFW halls, American Legion posts and other fraternal clubs should be exempted from the statewide smoking ban passed in November 2006.

Attorney General Marc Dann seeks to reverse a December decision by the Franklin County Court of Appeals that had the effect of banning smoking at the private clubs.

Dann argues in his request submitted Thursday that the smoking ban that voters approved included an exemption for the clubs.

http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20080214/NEWS24/539155099

---

25 area businesses in complaints of smoking ban
By Bridgette Outten, Staff Writer
February 07, 2008
SPRINGFIELD — Although the majority of Clark County businesses are complying with the state smoking ban, 25 entities were caught red-handed when health officials performed after-hours violation inspections in January.
But some business owners who have been hit with a smoking violation fine say they are facing a double-edged sword of either paying for violations or paying to establish a place where smokers can light up.
The state-wide smoking ban, which went into effect on Dec. 7, 2006, prohibits smoking in public places, including bars and places of employment. The law also requires businesses and organizations to post "No Smoking" signs that contains the toll free number 866-559-6446 for reporting violations.
Of the 30 Clark County businesses inspected in January, 21 were sent notices of violation and four others were fined $200 for second-time violations, said Dan Chatfield, director of environmental health at the Clark County Combined Health District.
So far, the health district has received 226 notices of violation via anonymous reports of the state's smoke-free workplace law reported to a toll free line.
To date, no smoking violation fines have been paid in Ohio, said Chatfield, who holds once-a-month conference calls with the state department of health on the issue.
Officials want to do more to enforce the law, hence the after-hours inspections.
In Clark County, the Fraternal Order of Eagles No. 3491, located at 376 Quick Road, has received the most complaints, with 37 reports of smoking ban violations.
The Loyal Order of Moose, 12325 Gerlaugh Road, has 23 complaints.
Kinsler's Cafe, 820 E. Main St.; the 19th Hole, 2101 Park Road; Amvets No. 37, 6001 Lower Valley Pike and Area 51 Bar & Grill, 2288 S. Yellow Springs St. have been fined.
Fred Poole, owner of the 19th Hole, along with his brother, Rahn, said the smoking ban is costing their business revenue.
"We're trying to improvise," Poole said, noting the idea of a patio for smokers, although it would be an added expense.
He thinks the ban is "not very fair ... but we got to do the best with what we got."
http://www.springfieldnewssun.com/hp/content/oh/story/news/local/2008/02/06/sns020708smoking.html