County boards keep up smoking enforcement

By William K. Alcorn

Time spent on smoking ban cases takes time away from inspecting food operations.

YOUNGSTOWN — Mahoning and Trumbull county health districts continue to enforce the smoking ban in places of employment, despite some health boards’ deciding not to because of the cost.

“Absolutely,” said Dr. James Enyeart, Trumbull County health commissioner.

“We think it is a worthwhile program and plan to support it unless the law changes,” he said.

The Columbiana County Board of Health recently voted to end its enforcement of state smoking regulations because of the cost. Board President Shawn Apple said the district cannot afford it. If a hearing is held on a complaint, the board has to have an attorney present at a cost of $200 an hour, he said.

The Youngstown City Health District is still enforcing the law, said Neil Altman, its commissioner.

He said numerous letters of warning have been sent to violators, but no case has gotten to the hearing stage. If a case did move to the hearing stage, Altman said he would either use the board of health or turn to the city law department for someone to preside over the hearing. It is not necessary to hire an attorney or a court reporter. The proceedings can be taped, he said.

“The people voted for this, so we are enforcing it,” Altman said.

Matthew Stefanak, Mahoning County Health District commissioner, said he seriously considered joining the 15 or so districts across the state who have stopped enforcing the law for financial reasons.

But he decided to continue enforcement “for the time being” because the number of violations are down. The department’s food establishment inspectors also handle the smoking ban investigations.

He said time spent on smoking ban cases is time away from inspecting food operations, which take priority.

He said his department has received 430 complaints since the law was passed, but only two have moved to the hearing stage. The rest were resolved by a phone call and/or a letter of warning, he said.

Stefanak said the decision to continue enforcement will be revisited in the fall if the number of violations increase and if the Ohio Department of Health does not provide financial assistance.

“It would be a shame if we can’t enforce it,” he said.

alcorn@vindy.com