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Ohio Bar Tests Smoking Ban In State Supreme Court

Posted On: 10/26/2011

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COLUMBUS, OH -- Richard Allen, owner of Zeno's bar here, took his fight against the state's smoking ban to the Ohio Supreme Court on Oct. 19, according to a story in the Cleveland Plain Dealer.

Allen's attorneys hail from a nonprofit legal advocacy group that works to retain government control on the basis of the U.S. Constitution. The bar owner's lawyers argued that the state's ban, which took effect in 2007, unconstitutionally violates the rights of private property owners to enjoy use of their property.

Zeno's, which had NO SMOKING signs posted throughout the premises, ran up $33,000 in fines from 2007 to 2009 for allegedly not enforcing the ban with sufficient zeal.

Smoking bans have seen legal challenges across the Midwest. Attorneys for a Nebraska pool hall operator argued against that state's smoking ban before the Nebraska Supreme Court in early October. | SEE STORY