A group challenging a policy used to enforce Ohio's ban on workplace smoking says a judge's ruling in favor of a Columbus bar means other taverns that have been cited by the Ohio Department of Health could have their violations tossed.
The state is appealing the Franklin County ruling, which says the department exceeded its authority by holding bar Zeno's responsible for the actions of its patrons.
Judge David Cain says the department fined Zeno's despite "no smoking" signs, the removal of ashtrays and requests by employees that smokers extinguish cigarettes.
The bar was defended by the Columbus-based 1851 Center for Constitutional Law, which says the ruling allows bars across the state to challenge fines.
Health Department Director Alvin Jackson says the decision is surprising because dozens of other cases have been decided in the state's favor.
