Budget cut may yield weakened smoke ban

Larry Vasko, Toledo-Lucas County's deputy health commissioner, and Pamela Butler, Wood County's health commissioner, say enforcement will continue. THE BLADE Enlarge | Photo Reprints

COLUMBUS -- Anti-tobacco advocates Thursday said Ohio's four-year ban on smoking in indoor public places could be endangered by a lack of enforcement funding.

"... Without the threat of fines and penalties, businesses may have no incentive to follow the law," Marianne Farmer, senior policy director for the American Cancer Society, said.

The Ohio Smoke Free Workplace Act, approved by voters in 2006, places the responsibility for enforcing the complaint-driven law with the Ohio Department of Health.

But the state has largely delegated that duty to local boards of health. As fines go uncollected, some counties have turned that responsibility back over to the state.

The $55.7 billion, two-year budget under consideration in the Senate provides no money for following up on complaints of alleged violations. The state provided $1 million for that purpose this year.

The proposed budget also would phase out funding for the "quit line" through which smokers seek help to kick the habit. The budget for the hot line would go from $6 million in the current year to $1 million next year, a cut of 83 percent. It would be zeroed out in 2013, although it has been the beneficiary of some federal funding.

Ohio's strict ban, with few exceptions, prohibits smoking in restaurants, bars, offices, and nearly all other enclosed places that have workers or invite the public in.

Without funding, Ms. Farmer said enforcement would probably be "spotty" across the state.

"I believe there are some health departments that have committed to trying to enforce the law out of their own resources, but we know that having a law enforced uniformly across the state does help create a level playing field," Ms. Farmer said. "We certainly feel that, just like any other law of the state of Ohio, we would expect state dollars would go to enforcement."

The proposed funding levels were included in Gov. John Kasich's budget plan and did not change when the bill passed the House last month.

Dr. Ted Wymslo, director of the Ohio Department of Health, plans to ask the Senate to put $1 million a year into enforcement and $2 million a year into the "quit line," according to spokesman Robert Jennings.

"It is the law, and the law requires the Department of Health to enforce it," Mr. Jennings said. "The 'quit line' will continue. It's just a question of at what level it will continue."

Toledo-Lucas County Deputy Health Commissioner Larry Vasko said the local department intends to keep enforcing the law despite a lack of state resources.

"Our department is owed 90 percent of all of the fines collected from businesses," Mr. Vasko said. "There are $248,000 in outstanding fines. We think it is imperative that the legislature and others in Columbus help us to collect those fines. If we were able to have those fines collected, we could be OK. But without the fines, the state funding is really important."

Pamela Butler, Wood County health commissioner, said her department continues to enforce the smoking ban, but said the future is unclear.

"At this point and time, we've been picking up a lot of those costs," Ms. Butler said. "We've submitted for reimbursements from the state fines, and those have been at the attorney general's office. Many of those across the state have not been collected. At this point, I'm not sure what we're going to be doing."

Despite the proposed funding levels, Kasich spokesman Rob Nichols said the governor supports the ban.

"There's a certain reality of living with an $8 billion [budget] hole," Mr. Nichols said. "It's not necessarily a reflection of the value of a particular program. Tough decisions need to be made under unprecedented budgetary pressures."

Maurice Thompson is attorney for the 1851 Center for Constitutional Law that has been fighting the ban in court. He said opponents of the law, primarily bar owners, have pushed lawmakers and the administration to do something about the ban.

"They're all about jobs, jobs, jobs, and the smoking ban is costing bar owners and workers a lot of jobs," Mr. Thompson said. "It doesn't hurt restaurants that much, but it definitely hurts bars and the state in terms of jobs and sales tax collections."

The 1851 Center's case pending before the Ohio Supreme Court challenges how the smoking ban has been enforced, in part because it has focused on the business owner who allows smoking in his establishment rather than on the individual who lights up.

The case involves a Columbus bar that racked up some $30,000 in unpaid fines as a repeat violator.

"I've advised all of my clients who owe fines not to pay those fines, because the law was being enforced in an unconstitutional manner," Mr. Thompson said.

Contact Jim Provance at: jprovance@theblade.com or 614-221-0496.