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RightOhio.comColumbus judge throws out enforcement of smoking ban against barFranklin County Common Pleas Court Judge David E. Cain in Columbus has ruled that the state health department overstepped its legal authority in enforcing the state’s smoking ban against Zeno’s, a Columbus bar.
The 1851 Center for Constitutional Law defended Zeno’s in the case without charge. Maurice Thompson, center director, said on Thursday, Feb. 25, that he expected the state to stop enforcing the law the way it has been against permit holders across the state, not just in Franklin County.
Attorney General Richard Cordray, however, is appealing the decision and has asked that enforcement of the ruling be delayed pending appeal.
In his ruling, time-stamped Monday, Feb. 22, Cain declined to rule on the constitutionality of the smoking ban but vacated citations issued against Zeno’s.