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Smoking Ban Costing More Than It's Worth?

05/09/2008 06:11:52


DAYTON, Ohio -- Enforcing Ohio's indoor smoking ban costs big bucks, and the fines issued to violators don't come close to paying for it, local health department officials have discovered.

Officials with Public Health of Dayton & Montgomery County say they've shelled out roughly $70,000 on the effort since May 3 last year, when Ohio began enforcing the law voters approved in November 2006. Costs stem from extra man hours, mileage and other added expenses. But to date the health department has banked just $450 of the $3,800 in fines it's issued to violators since last year, said Mark Case, Public Health's director of environmental health. "We got our first check this morning," Case said Wednesday, May 7.

Since last year Public Health has issued 93 warning letters, 18 $100 fines (second violation) and four $500 fines (third violation), according to ODH data. That's out of more than 2,100 alleged violations in the county in that time. Violators have been slow to pay, said Case, noting the $450 check received Wednesday represented five $100 fines issued at least six months ago, minus ODH's 10 percent cut for billing and collecting.

Another concern: Health inspectors believe some bars are deliberately violating the smoking ban to attract customers, which also leads to more complaints phoned in to the state's enforcement line, (866) 559-6446. The bars are also tipping off neighboring bars when inspectors are on their rounds, said Alan Pierce, supervisor of general services. But inspectors are catching on, Pierce said, and they can double fines for intentional violators. "When people start getting invoiced with thousand dollar fines, word will get around and the complaints will start to dwindle," Pierce said.

In neighboring Warren County, meanwhile, inspectors have had "no real hassles" with enforcement, said Dan Collins, director of environmental health for the Warren County Combined Health District. The county had eight complaints in April, compared to 37 in May last year, and it's issued no fines to date, according to ODH. "I guess people aren't calling in the complaints, or people (bars and other public places) are complying with the law," Collins said. Back in Montgomery County, Health Commissioner James Gross said the cost is worth it. "While it's costing us more at this particular time, it will pay off in the long run," Gross said. "Our community is going to be a healthier place."

courtesy of www.daytondailynews.com

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