Ohio Supreme Court upholds smoking ban

COLUMBUS, OH (FOX19) - The Ohio Supreme Court ruled Wednesday the smoking ban was constitutional, rejecting the claims of a Columbus tavern owner who argued that $33,000  in fines for violating the ban were an illegal taking of his property.

Voters passed the smoke free workplace act in November of 2006. The ban has received reaction from bar owners across the state.

"I think it needs to be unilateral so that Ohio businesses aren't losing customers to Kentucky to Indiana, that is where it becomes an issue," said Kim Waxler, owner of the Cruise In Bar and Grill.

Other establishments haven't seen a decrease in revenue since the ban was put in place, like the Dave and Buster's in Springdale, Oh, they've seen 10 percent growth year after year.

"I don't think it had any negative effects at all," said Tim Ragan, general manager at Dave and Buster's. "I think there was a lot of conversation about it and people talking about how they couldn't smoke. I think it has had a positive impact."

An attorney who spearheaded an unsuccessful challenge to Ohio's smoking ban says he expects the fight to move to the state legislature.

Copyright 2012 WXIX. All rights reserved.