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Smoking ban still in effect But can it be enforced? 

A central Ohio judge has stopped the state from collecting more than $30,000 in fines against a Columbus-area bar accused of allowing customers to smoke.

Franklin County Common Pleas Judge David E. Cain ruled business owners have no control over whether "someone rips out a cigarette and lights up" and cannot be held responsible if they have met other requirements outlined under the voter-approved Ohio SmokeFree Workplace Act.

"This all comes down to the fact that property owners can only do so much...," Cain wrote. "They can put up 'no smoking' signs. They can take away ashtrays. They can ask patrons that are smoking to leave. Outside of these things, there is little property owners can do."

Backers of the ruling said Thursday the decision could have wide-reaching implications, including stopping health officials from enforcing the smoking ban anywhere in the state and potentially leading to the forced refunds of fines already paid by businesses cited with violations.

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They can put up 'no smoking' signs. They can take away ashtrays. They can ask patrons that are smoking to leave. Outside of these things, there is little property owners can do. . . . Placing the (onus) of enforcing the SmokeFree Act against individuals completely on property owners is ludicrous and defies basic notions of fairness.
Franklin County Common Pleas Judge David E. Cain, whose ruling that business owners have no responsibility to enforce Ohio's smoking ban would invalidate virtually every smoking ban in the world.

Would the Department of Health require property owners to pat down visitors for cigarettes before they are allowed to enter?
Franklin County Common Pleas Judge David E. Cain, who ruled business owners have no responsibility to enforce Ohio's smoking ban.