07/27/2008
Ohio's smoking ban is ONLY PARTIALLY being enforced. The only part of the LAW that is being enforced is that which pertains to business owners. NO patrons who were OBSERVED smoking by a Board of Health or Dept. of Health employee have been approached by the BOH/DOH, have not had their names taken nor had warning issued, NOR HAVE THEY BEEN FINED.
How can a law only be enforced against actions allegedly not taken by a business owner or representative (e.g., bartender) but NOT AGAINST THE PERSON WHO IS SMOKING? The BOH/DOH employee OBSERVES a person or persons smoking, which is cited in the certified letter stating the establishment is GUILTY but the BOH/DOH does not CARRY OUT THEIR DUTIES? The only part of the law being enforced is that of the responsibility of the business but NOT the BOH/DOH. In fact, the BOH/DOH WILL NOT approach the smoker and fine them, as the law states. They have been told NOT TO.
How can a law be legal if only part of the law is enforced? And the only part of the law being enforced is that which is the responsibility of the business. What of the responsibility of the Board of Health/Department of Health? They are supposed to fine the person smoking. These employees have been told NOT TO APPROACH THE SMOKER.
They don't want to place their employees in harms way but a business owner is supposed to place THEIR employee in harms way?
If a law is only partially enforced, then the law should NOT BE ENFORCED AT ALL. It's either all or nothing.