Toledo bar central in no-smoking lawsuit

Buckeye Institute suing state on tavern's behalf

A Toledo bar has filed a lawsuit against the Ohio department of health about the smoking ban.

A Toledo tavern called the Pour House is at the center of this lawsuit. It's being fought in an appeals court by attorneys with the conservative policy group the Buckeye Institute.

The group is arguing that the state of Ohio is enforcing the smoking ban too strictly and essentially requiring bars to be in almost total control of their customers.

The institute's attorney, Maurice Thompson, says bars have to be given a reasonable amount of time to confront customers who are smoking before they can be cited.

According to court documents posted on the site, the suit claims the state is arbitrarily giving Ohio's small business owners fines of up to $5,000 in a time when they'are already hurting for business.

However, attorney general Richard Cordray is not backing down. Last week, he actually sued two bars saying they were repeatedly, and openly ignoring the smoking ban.

He says the law is simple: if someone smokes in a bar, it's the bar's fault.

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