The American Cancer Society (ACS) of Ohio has filed a lawsuit challenging the state's workplace smoking ban. The ban exempts some military veterans' halls and other private clubs -- and the ASC says this is not OK. The exemption waters down the law and exposes people to secondhand smoke, say ACS spokeswoman Wendy Simpkins.
The smoking ban was approved by 58 percent of voters in November, took effect in December, and will result in fining beginning the first week in May. The law prohibits smoking in most public places, such as restaurants, bars, and office and excludes tobacco shops, designated hotel rooms, and enclosed areas of nursing homes. Halls and clubs can be excluded from the law only if there are no employees.
Jay Carey, spokesman for the state Health Department, says public health officials have the authority to set rules for enforcement. They ultimately decided that VFW halls and other private clubs were exempt if they had only members as employees. For the exemption to apply, such clubs also must be nonprofit and in a freestanding building. No nonmembers or children under age 18 can be present.
The ACS argues that the state rules are confusing and make the law unworkable.
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