Appeal on seeking private club exemption to smoking ban dismissed

The Ohio Supreme Court yesterday dismissed an appeal aimed at allowing the Ohio Department of health authority to grant an exemption for private clubs to Ohio's  smoking ban. (Source: “Smoke-ban appeal loses legal battle," Toledo Blade, June 5, 2008).

The Ohio Department of Health had attempted to write a rule that would allow smoking in private clubs where the employees were also members of the club.  ODH appealed a lower court ruling that struck down such a rule.  The high court voted 4-3 not to hear the Ohio Department of Health’s appeal of that ruling.

Without comment, Justices Maureen O’Connor, Terrence O’Donnell, Paul Pfeifer, and Robert Cupp voted not to take up the case. Chief Justice Thomas Moyer and Justices Evelyn Lundberg Stratton and Judith Lanzinger disagreed.