Post 464 disputing smoking complaints

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by Lauren Krupar

Associate Editor

Hudson -- The American Legion Post 464 disputes two letters of complaint from the county health department for alleged violations of the state's smoking ban.

"Our members go outside to smoke," said James W. Maurer, second vice commander for the Hudson American Legion Post 464. "If there are members inside smoking, I don't see that."

Maurer said the post has received two letters of complaint from the Summit County Department of Health, which could result in $600 in fines, for allegedly violating the state's smoking ban -- which prohibits smoking in all public places and businesses, including restaurants and bars. He said he has filed two administrative appeals with the county.

If the appeals are denied, the club could pay $600 in fines -- $100 for the first fine and $500 for the second fine.

The county health department also has the authority to increase the fines or assess daily fines.

Maurer said the club has not heard from the county regarding the administrative appeals.

"We have yet to hear from them," he said. "If we have procedures set up, we have to follow those procedures."

Terry Kuttle, environmental health supervisor for the Summit County health department, said the legion's administrative appeal is the first such request the department has received since the ban went into effect Dec. 7, 2006.

"They are going to contest it," Kuttle said, adding the department is "working on scheduling" the appeal and could not say a date.

In an administrative appeal, Kuttle said the business must present their side and provide documentation showing compliance with the smoking ban. If the administrative appeal is denied and the business refuses to pay the fine, the process moves to Columbus.

Maurer said the club is in compliance with the law.

"Private clubs are supposed to be exempt," Maurer said, adding the issue becomes "kind of confusing" with "back-up language" in the smoking ban defining private clubs as ones having no employees and no guests.

"We want it changed so that it's what people voted on -- the private clubs are exempt," Maurer said.

The Acker-Moore Memorial Post in Stow -- which also was assessed a fine for allegedly violating the ban -- plans to contest the matter citing the same reason.

"The official ballot said clubs were exempt," Acker-Moore Memorial Post Commander George Fisher said. "The clubs are going to continue to fight it. A club is a private facility. It's not an open facility."

A Feb. 14 press release issued by Ohio Attorney General Marc Dann's office states Dann has asked the Ohio Supreme Court to review banning smoking at private clubs.

Dann said voters passed the smoking ban with an exception for private clubs.

"Clearly, the voters sent a message -- ban most smoking, but allow private clubs a choice," said Dann.

The smoking ban was approved by voters in November 2006.

Since the ban began, more than 27,000 complaints have been received by the Ohio Department of Health and more than 18,000 warning letters have been sent to potential violators of the law.

"There's a lot of repeat offenders here," said Kristopher Weiss, a public information officer with the Ohio Department of Health. "Not all who have a complaint are in violation. Some of the complaints may be dismissed and some may be found not in violation."

Editor's note: Stow Sentry Associate Editor Kristin Casale contributed to this story.

E-mail: lkrupar@recordpub.com

Phone: 330-688-0088 ext. 3146