Do Health Department's Practices in Enforcing Statewide Smoking Ban Violate Bar Owner's Constitutional Rights?

10th District Court of Appeals (Franklin County)

ISSUE: Do the practices of the Ohio Department of Health (ODH) and its designated local enforcement agencies in enforcing the state law that bans smoking in public places violate the provisions of the Ohio Constitution that: 1) prohibit governmental taking or unreasonable restrictions on the use of private property without due process of law; and 2) limit the power of executive agencies charged with enforcing a state law to the actual language of the statute.