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Local News

Monday, March 08, 2010

Smoking violations dropping steadily since ban enacted
Hancock Federal Credit Union
By JOY BROWN

STAFF WRITER

Warnings and fines for violations of the state smoking ban have steadily declined in Findlay and Hancock County, showing that businesses are complying or smokers are simply getting more savvy about not getting caught.

According to Craig Niese, a Findlay Health Department sanitarian, Findlay has received 161 complaints about smoking violations since the state ban started three years ago. The department has investigated 123 of those. So far, 18 warnings have been issued and 11 businesses have been fined.

Findlay warnings and fines in 2007, the year the law went into effect, totaled 19; eight in 2008 and three last year, Niese said. All fines were issued to bars.

Dave's Hideaway, at 1730 Lima Ave., has been fined four times; the Veterans of Foreign Wars club at 315 Walnut St. was fined three times; the Walnut Saloon at 335 Walnut St. and Old Stoney Ledge at 752 Howard St. were each fined twice; and the VFW at 122 Clinton Court was fined once.

Tom Davis, a Hancock County Health Department inspector, said the county's smoking ban statistics have fluctuated. Complaints have decreased, but action continues to be taken.

In 2007, Davis took 22 complaints, issued five warnings and no fines. In 2008, complaints dropped to 12, but one warning and two fines were issued. Last year there were 10 complaints, with two warnings and one fine issued.

Last year's warnings went to The Stable, 110 N. Main St. in Arcadia, and to the Owlsburg, 3012 U.S. 30, Ada. The McComb VFW was fined.

Niese said he thinks attitudes about smoking at bars and restaurants are changing, and people are getting used to the ban.

"Definitely in the beginning, we understood people weren't happy about it," Niese said of the ban. "But reports are steadily decreasing ... and hopefully that continues.

Davis agreed.

"We feel that the law has been very successful because the number of complaints have dropped and compliance has been pretty good," Davis said. "The reality is, are other places still violating the law? Yes. Are there some that are never called in? No question about it. But compliance has been really good compared to anything else, like, say, stop sign violations.

"I know the VFW in McComb that got the fine doesn't allow it any more. We've gotten feedback from some members who have thanked us" for investigating, said Davis.

Davis said statistics can be vastly different from county to county, particularly because the law does not mandate that health departments investigate complaints. The Ohio Department of Health employs two people who do that for counties that chose not to take on those duties.

A ruling last week by a Franklin County Common Pleas Court judge has offered a different interpretation of the law, however, by deciding that catching someone smoking in an establishment doesn't prove the business violated the ban. The Ohio Department of Health has promised to appeal the ruling.

Davis said he thinks the Franklin County ruling will be overturned. If it isn't, he said it would change the way investigations into smoking ban complaints are handled.

"It's a civil law that requires a preponderance of evidence, and not proof beyond a reasonable doubt," Davis said of the smoking ban. "I think the worst that could happen, as I see it, is the investigators will have to do a little more investigating" if the ruling stands, he said.

"I do more than some others do" when investigating, said Davis. "I actually identify the smoker when I investigate. We don't cite the smoker, of course, because compliance is about the business, not the particular individual."

Davis also said warnings and citations in Hancock County are only issued if a person is observed smoking in an establishment, or if there is evidence that smoking has occurred there, like butts in an ashtray. Niese said he follows the same guidelines.

"I think at one point Dr. (Greg) Arnette (Hancock County health commissioner) said that this may have been the single most important health law passed in Ohio, and I agree with him. I think as time goes by, this (ban controversy) will be a non-issue," said Davis.

The stages and penalties for violating the ban are:

• First violation: warning letter.

• Second violation: $100 fine.

• Third violation: $500 fine.

• Fourth violation: $1,000 fine.

• Fifth and subsequent violations: $2,500 fine.

The state says fines may be doubled for intentional violations at the discretion of the enforcement entity, and may be assessed daily for continuing violations. Fines also can be issued for retaliation against those who file complaints.

Davis said most, if not all who have filed complaints in Hancock County have done so anonymously.

Complaints can be filed by calling the state's smoking ban enforcement line at 1-866-559-OHIO (6446), or by e-mailing .

On the Net: www.odh.ohio.gov/alerts/ohiosmokingban.aspx Brown: 419-427-8496, Send an e-mail to Joy Brown


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23 Comments (3 pages)

Latest comments listed first.
Get Real wrote:
Ed
“ Sky Diving and riding motorcycles are bad ideas also. I, however, don't tell people not to. I, as a smoker, certainly don't want to infringe on any non-smoker's right to be smoke free. However, I do think a bar or tavern owner, who owns his own business and wants to allow smoking in his business, should be able to. Furthermore, I've known people who never smoked, worked in a smoke free environment, and still were afflicted with, and eventually succumbed to cancer. There isn't any scientific evidence that definitively can say what exactly causes cancer. If they knew that. they'd have a cure by now. I'm sure you know that, you seem intelligent. ”
Wednesday, March 10, 2010 2:52:51 PM
Ed wrote:
smoke screen
“ Let's face it, non-smokers are not just tired of being very uncomfortable when around someone smoking...the foul air, leaving a bad smell on clothes, or causing sinuses to cause coughing, etc.
Non-smokers are just afraid they will finally get enough doses of 2nd hand smoke that will cause cancer or other lung diseases. Most smokers could care less about that. Probably not their fault in their thinking process! After all, their brains never get enough oxygen to function normally. With ALL of the info being published proving how bad it is to smoke, folks that continue to light up can't be too bright. Habits are hard to break...but not impossible. So forget that excuse. Hang on non-smokers, smokers ARE a dying breed... ”
Wednesday, March 10, 2010 1:44:20 PM
Steve wrote:
Get real, Get Real
“ Lets pretend we're not discussing smoking. If the business owner expects the public to patronize his business, he has no right to allow that public's health to be endangered, right? There are plenty of restrictions placed upon that owner that I don't see you whining about... Serving raw or undercooked meats gets a warning, no rat feces allowed in the building, hairnets, food temperatures, and plenty of others. What's the big deal with going outside to smoke? I mean seriously, should we throw out all the other health regulations too?

I answer Mike as well, the government didn't do this. The PEOPLE of the State of Ohio did. Many other states have similar restrictions, for example, Michigan's ban goes into effect in May. At this time, there are 13 states with no smoking restrictions, so you can see the people are overwhelmingly in favor of restrictions otherwise that would not be the case.

As for second-class citizens, I'm not sure how to respond to that, other than by reminiscing about the "screw you" attitude smokers used to have as their smoke wafted in the non-smokers direction before the ban. Were you worried about second-class citizens then?
 ”
Wednesday, March 10, 2010 10:15:37 AM
Steve wrote:
I won't dispute your claim at all Noah.
“ However I do drive a newer, cleaner car. If the Chevey Volt ever comes to fruition I intend to give it a look as well. A plug in vehicle that meets my needs would be great! I fully believe it's necessary to limit vehicle emissions. I practice what I preach in other words.

Again, if it's a business where the owner expects the public to assemble, then the owner has an obligation to protect the public health, not a right to allow it to be endangered. The voters of the State of Ohio (and many others) have stated they don't wish to be subjected to the dangers of second hand smoke. That is the bottom line.

Personally, I'd like to see the health (and other affected) insurance companies quantify the cost of smoking and shift that extra cost to smokers. Why am I paying for their unhealthy habit in my premiums? ”
Wednesday, March 10, 2010 9:51:16 AM
Mike wrote:
Light(en) Up!
“ I'm pretty sure that smoking is still a legal activity, I don't understand how the government can force a private business (Bar or restaurant)from allowing it's patrons to smoke (a LEGAL product) if they like.If there is the understanding that the business is smoker friendly, the patrons can choose whether to enter or not. I am not a smoker, and I think it is a nasty habit, but I'm tired of smokers being treated as second class citizens, some of you bloggers need to light(en) up! ”
Wednesday, March 10, 2010 8:51:22 AM
Get Real wrote:
Steve's Comment
“ "Sorry, business owners don't have the right to endanger the public health if they are a public business"

Nice comment there Steve. Did you read what you wrote? For your information, businesses may be open to the public but they are privately owned. If you don't want to patronize "their" business, then don't. I say it's up to the business owner to do what he/she wants in their own business. They are the ones paying for the building etc.. Nobody forces you to go there. MYOB ”
Wednesday, March 10, 2010 8:42:11 AM
jeremy wrote:
smoking
“ The conection between smoking, number of children and marriage is this, all are legal, smoking, sex and marriage. Of these legal things restrictions are only placed on smoking. Also a business is private property owned by a private person the owner has the right to permit whatever legal activities on their property they want. If the government doesn't want people to smoke outlaw cigarettes.
Does the governemt limit you to the number of children you can have? No. Limit who you can marry? Somewhat, they must be of the oppisite sex (in most states). Why not limit the number of children people can have to 2. And only pay welfare benifits for up to 2 children. Why not only allow people to marry in a prearranged marriage and outlaw divorce. And by the way I'm a nonsmoker. I believe in individual rights, small government, and free enterprise. ”
Wednesday, March 10, 2010 8:28:06 AM
Noah Little wrote:
Kyle
“ I think the point Jeremy was making is that if a law can be passed that dictates what legal activities are or are not allowed on private property, we are all at risk of have individual rights taken from us on the whim of public opinion. Think it can't happen, how may people thirty years ago would have thought smoking would all but be forbidden today. I prefer going into smoke free restaurants and I have the right to patron or not those businesses. Bottom-line, the law should be overturned and the free market and public preference should decide. ”
Tuesday, March 09, 2010 8:33:37 PM
Noah Little wrote:
Steve
“ Funny you mention your car several times, but didn't mention the poisonous gas it emits. If you feel you have the right to demand what business owners do or do not allow on their property, then I should have the right to demand you drive an electric car or hybrid so I don't have to ingest you carbon dioxide. And if you don't think your car emits more poison then someone's cigarette's, I will make you a wager. I will go into my garage with all the doors and windows closed and smoke one cigarette after another for an hour. You go into your garage with all the doors and windows closed, turn on your car for an hour and we will see who is alive at the end of the hour. ”
Tuesday, March 09, 2010 8:21:34 PM
Steve wrote:
Oh yeah
“ Stay out of my insurance group too! ”
Tuesday, March 09, 2010 3:01:33 PM
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News Briefs Firefighters discover 20 marijuana plants in house
After fighting a house fire early Monday at 815 Howard St., firefighters found 20 marijuana plants in the residence.

"They ran across it and called us," said police Sgt. Justin Hendren with the Hancock County METRICH Drug Enforcement Unit.

Police seized all 20 plants, and Hendren said charges are pending.

High-powered growing lights, fans, and a box filled with dried marijuana were also found in the house, according to a police report.

Investigators said an electrical short started the fire before 3 a.m. Monday.

The blaze caused an estimated $12,000 in damage to the residence, owned by Amanda Crawford. No one was injured, according to the Findlay Fire Department.

Carey announces holiday closing
CAREY -- Carey offices, including administrative, income tax and utilities, electric, wastewater treatment plant, and public works, will be closed Monday in observance of Labor Day.

The curbside recycling program will be held Tuesday through Thursday, Sept. 7-9.

Findlay trooper named sergeant
Trooper Jacob L. Fletcher, assigned to the Findlay post of the State Highway Patrol, was promoted to sergeant Wednesday by Patrol Superintendent Col. David Dicken.

With the promotion, Fletcher will stay at the Findlay post and serve as an assistant post commander, according to the patrol.

Fletcher began his patrol career in 2002 after graduating from the 139th Academy class and has been assigned to the Findlay post since.

Owens announces holiday schedule
The Toledo and Findlay campuses of Owens Community College will be closed Saturday through Monday for the Labor Day holiday.

There will be no classes and the college offices will be closed.

Classes will resume and offices will open again on Tuesday.

Holiday changes ad deadlines
The Courier won't be published on Monday, in observance of the Labor Day holiday.

Because of the holiday, some advertising deadlines have been moved up this week:

Black and white display advertising for Tuesday's newspaper must be placed by noon Friday. Display advertising for Wednesday's newspaper must be placed by 2:30 p.m. Friday.

Color display advertising for the Thursday, Sept. 9 newspaper must be placed by Friday.

Classified advertising and City and Country advertising for Saturday's newspaper must be placed by 2 p.m. Friday. Classified ads for Tuesday's newspaper must be placed by 2:30 p.m. Friday.

Courier business and advertising offices will close at 3 p.m. Friday for the holiday.