Article published December 11, 2006
Ohio smoker charged with trespassing after refusing to leave bar
ASSOCIATED PRESS
MARIETTA, Ohio — Less than a week after Ohio’s new smoking ban took effect, a smoker was arrested after police said he was asked to leave a bar but refused.
Donn Kerr, 56, of Marietta, was charged with criminal trespass, Marietta Police Capt. Jeff Waite said today.
When Kerr lit a cigarette inside the Marietta Brewing Company early Sunday, he was asked to put it out but would not, Waite said. The management called police, and when officers responded and told Kerr the bar wanted him gone, he refused to go and was arrested, Waite said.
Kerr said he doesn’t remember being asked to leave. He doesn’t deny he was smoking but said he’d been out with some acquaintances and didn’t think it would be a problem.
“We’d all been smoking in other places — no one seemed to be enforcing this new law. Next thing you know, I’m basically arrested for smoking in the bar,” Kerr said.
He also pointed out that he had brought his own ashtray, given away by another bar that didn’t need them any longer.
Kerr is due in court Dec. 18 and said he planned to plead not guilty. The misdemeanor is punishable by up to 30 days in jail.
The law that took effect Thursday prohibits smoking in most indoor public places in Ohio. The state has agreed not to issue any warning letters or fines to businesses until the Ohio Department of Health has finalized rules and regulations, which officials hope to have in place in May.
Read more in later editions of The Blade and toledoblade.com
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