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Toledo update: appeals court upholds ban
Despite more recent legislation, a civil case challenging Toledo’s original smoking ban is still working its way through the courts. In January, the U.S. 6th Circuit Court of Appeals in Cincinnati upheld an earlier opinion stating that the city of Toledo did not cross constitutional bounds when it enacted its original Clean Indoor Air Ordinance in June 2003.

In the meantime, an amendment to reduce the scope of the city’s Clean Indoor Air Ordinance passed by several thousand votes in November 2004. As a result, bingo halls, bowling alleys, many bars, and restaurants with fewer than 10 employees are now exempt from Toledo’s year-old smoking ban. In addition, restaurants can expand smoking lounges to up to 50% of their service areas.

The appellants in the civil case – including Arnie Elzey, owner of Arnie’s Saloon, and Bill Delaney, owner of Delaney’s Lounge – are considering whether to appeal to the U.S. Supreme Court. Although the original smoking ordinance has been softened, the men acknowledge that the voters may change their minds yet again. And we’re working hard to make it so!

Here’s what you can do to help:
- Tell business owners how much you appreciated them going smoke-free.
- Urge them to continue supporting the smoking ban in their establishments.
- Let them know you only patronize restaurants that prohibit smoking.

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