In Wymsylo v. Bartec, Inc., the Ohio Supreme Court unanimously ruled that the Ohio Smoke Free Workplace Act is constitutional and, in doing so, rejected a bar owner’s claim that the penalties for violating the Smoke Free Workplace Act ("SFWA") are excessive and inappropriate
By way of background, in November 2006, 58% of Ohio voters passed the SFWA making Ohio the 12th state (the first in the Midwest) to protect all workers and the public from exposure to secondhand smoke in public places. The law impacts “public places” and “places of employment” in Ohio. Subject to certain exemptions, the … Continue Reading