Ohio Smoking Ban Under Criticism

A conservative policy group and a Toledo bar is suing Ohio for its enforcement on a smoking ban that it said goes too far.

The Associated Press writes that the lawsuit, filed by the Buckeye Institute and the Pour House of Toledo, is being heard by an Ohio appeals court. It follows the Ohio attorney general's increase of enforcement efforts against bars in Columbus and Cincinnati.

Since enforcement began more than two years ago, Ohio has levied 1,800 fines, sent 3,100 warning letters and received 44,000 individual complaints.

"It's a pretty straightforward responsibility that they have, which is, 'Do you see smoking activity or do you not,'" said one lawyer representing the state health department. "Under the law, the liability falls under the establishment."