CLEAN INDOOR AIR NEWS - Ruling Against Private Club Exemption to Ohio Smoke-Free Law Upheld

January 4, 2008

This week, the Ohio 10^th District Court of Appeals upheld a previous lower court ruling that the Ohio Department of Health was not authorized to expand the exemption for private clubs contained in the statewide smoke-free workplace law.  The law prohibits smoking in private clubs that have employees, but the Ohio Department of Health adopted a rule stating that club members should not be considered “employees.”  The court’s decision invalidates that administrative rule.  The case was brought by the Ohio Licensed Beverage Association, representing Ohio bar and restaurant owners.  The legal challenge was also supported by the American Cancer Society, which lead the successful campaign for the law.  State attorneys have yet to determine whether they will appeal the decision to the Ohio Supreme Court.

For more on this story from the Columbus Dispatch, click here.

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