Tuesday, May 29, 2007

Ohio smoking ban ruling appealed

The State of Ohio is appealing the Franklin County Common Pleas Court decision two weeks ago that there really is no “private club exemption” embodied in the state’s “Smoke Free Workplace Act,” apparently contrary to the understanding many people had (have). [Article]

At issue is ORC §3794.03(G) --- which, when read along with §3794.01(D), the Franklin County court reasoned -- “leads to the nullification of the ‘private club’ exemption when put into practical use.”

The Court also found that the Health Department’s promulgation of Rule 3701-52-04(G) added to the language of the statute which exceeds their authority to do.



Ohio Revised Code §3794.01 et. seq,

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