Ohio County Judge Rules Statewide Smoking Ban Constitutional

March 18, 2008

A local judge has ruled that a state law banning smoking in public places and most workplaces is constitutional.

Hamilton County Common Pleas Judge Fred Nelson ruled Friday in the Cincinnati lawsuit filed against the Ohio Department of Health last year by bar and restaurant owners. The Buckeye Liquor Permit Holders argue that the Smoke Free Act of 2006 violates due process and is vague.

Nelson says neither the U.S. Constitution nor the state constitution creates a fundamental right to smoke in public.

The group's attorney, Scott Nazzarine, said Monday he will meeting with his clients to discuss the possibility of an appeal.

Ohio Attorney General Marc Dann applauded the decision. He says it is the first constitutional challenge to the ban to result in a court decision.