Public Health: Smoking Ban Exceeds Board of Health's Authority

Sam Lockner

doi:10.1111/j.1748-720X.2003.tb00072.x

Public Health: Smoking Ban Exceeds Board of Health's Authority

Published online by Cambridge University Press: 01 January 2021

Sam Lockner

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In D.A.B.E., Inc., v. Toledo-Lucas County Board of Health, the Supreme Court of Ohio held that the Ohio Revised Code does not grant a local board of health the power to proscribe smoking in all public places as defined by the Lucas County Regional Health District Clean Indoor Air Regulation.

On May 24, 2001, the Board of Health of the Lucas County Regional Health District adopted the regulation in question, prohibiting smoking in all public areas in Lucas County, which were defined as “every enclosed, indoor area to which members of the general public are invited or in which members of the general public are normally permitted.” In addition, the regulation prohibited smoking within twenty feet of any entrance or open window of these public areas and in all vehicles of public transportation.

Type: Article
Information: Journal of Law, Medicine & Ethics , Volume 31 , Issue 1 , Spring 2003 , pp. 163 - 165

DOI: https://doi.org/10.1111/j.1748-720X.2003.tb00072.x [Opens in a new window]
Copyright: Copyright © American Society of Law, Medicine and Ethics 2003

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References

D.A.B.E., Inc. v. Toledo-Lucas County Bd. of Health, 773 N.E.2d 536 (Ohio 2002).Google Scholar

Id. at 549.Google Scholar

Id. at 539.Google Scholar

Id. The potential penalty is a fine of not more than $100 or imprisonment of not more than 90 days or both. Ohio Rev. Code Ann. § 3709.99 (West 2003). However, no one can be imprisoned for a first offense. Id.Google Scholar

See D.A.B.E., 773 N.E.2d at 539.Google Scholar

See id.Google Scholar

Id. at 539–40.Google Scholar

See id. at 540.Google Scholar

See id. at 547.Google Scholar

Id. at 540–41.Google Scholar

See id. at 541.Google Scholar

Ohio Rev. Code Ann. § 3709.21 (West 2003) (emphasis added).Google Scholar

See D.A.B.E., 773 N.E.2d at 541.Google Scholar

See id.Google Scholar

Id. at 542, 543 (quoting E. Ohio Gas Co. v. Pub. Util. Comm., 530 N.E.2d 875, 879 (Ohio 1988)).Google Scholar

Id. at 542 (citing S. Sur. Co. v. Std. Slag Co., 159 N.E. 559, 561 (Ohio 1927)).Google Scholar