Judge sides with state on smoking fines

Erie County Common Pleas Judge Roger Binette has sided with the state in a local bar owner’s battle to avoid $24,000 in smoking violation fines.
Jessica Cuffman
Mar 4, 2013

Excuses Lounge owner Terry Smith has been fighting in court for a year, although the war goes back to 2008, when he agreed to pay the first $100 fine after the Erie County Health Department cited him for allowing a patron to smoke in the Strub Road bar.

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Click here to watch an interview with Terry Smith on "Between the Lines Live."
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For the 11 citations that followed, however, Smith decided to stand his ground.

Court documents filed this month order him to pay the full $24,000 in fines — plus interest, which the state calculated at nearly twice the total when the case was filed a year ago in Erie County Common Pleas Court.

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Click here for a previous story on the smoking fines, or here for the e*Paper, get a copy of today's Register, or check back here at sanduskyregister.com for updates as they become available.

 
 
 

Comments

WhatTheHeck

Dr. Koopp, when he was Surgeon General, stated falsely that secondhand smoke was the biggest risk factor in the US. More than one independent study has proven that whole milk has more carcinogens in it than secondhand smoke. Human lungs are great at filtering out all of the bad stuff before a smoker exhales it from it's body. Big gov strikes again! Livin the lie!

The Big Dog's back

How many people have you known who died actually had the cancer analyzed? Pretty sure it's none. All they ask is if the person who died smoked or if someone in the family smoked.

arnmcrmn

Unfortunately, yet not surprisingly, you post yet another uneducated thing.

dire wolf

and i thought that every person who has had cancer (some i've known) has had their cancer cells analyed to determine it's serverity and form. All those tests they took was just to fool us dumb folk? just to add to the health care cost. we the people can be so naive i guess....thanks again!

The Big Dog's back

You are naive. If you really looked at the research they don't include the fact that amount of manufacturing jobs, i.e. poison makers, left the country. Don't get me wrong, I'm not a pro-smoker, but to blame everything on smoking and ignoring the Carcinogens these factories put out is naive, and quit frankly letting these companies off the hook.

The Big Dog's back

You are naive. If you really looked at the research they don't include the fact that amount of manufacturing jobs, i.e. poison makers, left the country. Don't get me wrong, I'm not a pro-smoker, but to blame everything on smoking and ignoring the Carcinogens these factories put out is naive, and quit frankly letting these companies off the hook.

bobshumway92

What ever happened to all the hot bar maids they had? Not worth going in there anymore.

Centauri

"Erie County Common Pleas Judge Roger Binette has sided with the state in a local bar owner’s battle to avoid $24,000 in smoking violation fines."

I have a question for Roger. Where do these 24,000 dollars go? There is no fund set up in Ohio.

http://codes.ohio.gov/orc/3794

http://codes.ohio.gov/orc/3794.08
"There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter."

http://www.tos.ohio.gov/

http://www.tos.ohio.gov/Payments

Call now to Josh. Ask him or his staff "WHERE IS THE MONEY" for smoking ban fines. You will get the run around. I want to know where these smoking ban fines go? Not to the Ohio treasurer. Into somebody's deep pockets maybe? There is a lot of money in Ohio that is not accounted for.

Call up Josh's office and ask him where are the smoking fines that should be paid to the Ohio treasurer? Call now!

Cowboy

Woe is me...I can't drink and drive, I can't text and drive, I can't have a biggie drink anymore in New York, I have to pay taxes, I can't run naked in the streets, I can't give others cancer anymore in the bar, I have to put money in parking meters, I can't park on my street on snow days, I mean really? What's next, I suppose I have to stop at stop signs!

Centauri

Ohio law

http://codes.ohio.gov/orc/3794

http://codes.ohio.gov/orc/3794.08
"There is hereby created in the state treasury the smoke free indoor air fund. All fines collected pursuant to this chapter and any grant, contribution, or other moneys received by the department of health for the purposes of this chapter shall be credited to the smoke free indoor air fund and used solely for the purposes of this chapter."

Where is the money? Call Josh now and ask him.

Perkins2060

Yeah, where did the hot bar maids go? I went in that place a couple of times and they were not hot. Smelled like smoke so we left. There were about 12-15 of us one time that left there and went to BW3's. Smoking is nasty!

Kottage Kat

If you do no like my smoke
Please quit breathing
Thank you
Kat

Perkins2060

Not only your smoke, you smell.

Kottage Kat

Oops
Do not
Sorry darn phone

Informed

BW1, show me where in the Constitution smoking is declared a "right".

BW1's picture
BW1

It's called the 9th and 10th Amendment, which say any powers not explicitly granted the government are denied it. No part of the Constitution grants the government ownership of your body, therefore, it's up to you what you put in it.

Ask yourself, why did they need a constitutional amendment to ban drinking?

Kottage Kat

OK
More perfume
Dat better
Actually don't go to bars
You can purchase my next pack of cigarettes
Which will entitle you to tell me what to do,
Most folks can't mange their lives, yet want to manage others.

Kottage Kat

Life liberty and the pursuit of happiness
Time for a cuppa and a cigarette

Kat

Perkins2060

Less than 25% of Ohioans smoke. Get over yourself.

BW1's picture
BW1

So what? Are you saying that anyone who represents less than 25% of the population has no rights? Less than 15% of Americans are black - are you suggesting the return of slavery?

happycamper01

No, what he is saying that you can whine all you want but that you must realize that smokers are a dying breed, literally and figuratively. Smoking is a dying habit and less tolerated by people every year. So, you can fight and whine about this law but I doubt it will do you any good because the majority of people are nonsmokers and the last time I looked majority usually wins. In fact I think the majority won when this was on the ballot. I heard said the issue on the ballot was confusing and smokers didn't understand it. Hmmmmm...nonsmokers understood it so does that mean nonsmokers are more intelligent than smokers??? I also heard it said that smokers were not worried because they never thought the law would be passed. Fooled ya! And yes I am nonsmoker but I am worse than that...I am reformed smoker. When I did smoke I never thought it was my right to smoke wherevere I pleased. I never did. I tried to be respectful of others which is clear that a lot of smokers don't care to be.

bobshumway92

Are you honestly comparing smokers rights to civil rights? That has to be the most ignorant comment I've ever read on here.

BW1's picture
BW1

No, the ignorance is yours, bobshumway, since you fail to comprehend the basic logical parallel at work here. Perkins2060 put forth the majoritarian fallacy that anything the majority wants, the majority gets, and to minority should shut up and live with it. If that fallacy is to be taken as valid basis for one law, then it's valid for others - the rule of law requires such consistency. So, by putting forth this rationale for justifying one law, Perkins2060 opened the floodgates for its use to justify any law, including the return of slavery, mandatory praying in school, and, if current fertility and immigration trends continue, in about 50 years, Sharia law. I simply pointed out the results of Perkins2060's assertion.

Fortunately, Perkins2060 is mistaken about how the USA's system is organized. We have a Constitution that protects the rights of minorities from the tyranny of the majority, and the nation as a whole from mob rule.

Happycamper, the majority does not get to ignore the rights of people in the minority. There's also no basis for your assertion that nonsmokers understood the implications of the two competing ballot issues any better than smokers.

goofus

People, if you watch out for the sinkholes, you can come down to Florida where you can still smoke in bars! Liberals aren't welcome to this RTW red state home to Marco Rubio the ultimate tea partier.

swiss cheese kat

I was in a bar recently and was holding an UNLIT cigarette and a woman a few seats away started coughing as she looked at me and reminded me that it was "illegal" to smoke in the bar. She also had the nerve to asked me to move as she didn't want to be near anyone who smoke. I walked over to her and told her to mind ya own damn buziness and if she didn't like me holding an UNLIT cigarette she was free to leave.

meowmix

Now that's funny Kat!!!!! Should have belched in her face and really gave her something to smell!

Cowboy

Just pay your fine and quit your crying!

2cents

I used to smoke and even then did not like someone blowing it over from another table at a nice restaurant. Nor did I like sitting in a bar full of smoke, and I smoked! I know there are work around’s but government is what it is. Those smoke eaters do not work well and only do if serviced. A real good start would to allow some smoking in bars that had 90Pluss HRV units exchanging the air at lease every half hour. I use them in homes and plants to keep air fresh eliminate any chance of radon and get rid of offensive odors. http://comm2.fantech.net/commerc...

Cowboy

Will that work on the smelly guys that sit up at the bar every day?

2cents

No, but a can of Lysol may : )
You can move from them but not the shared air. I always laughed at separate smoking sections, Da! same HVAC system....

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