Reported by: Deb Silverman
Photographed by: 9News
Web produced by: Neil Relyea
People who run the Middletown Moose Lodge in Lemon Township are fuming over how the Ohio smoking ban is being enforced.
They are calling for some adjustments on the existing law because they say the wrong people are being forced to enforce the law.
At the lodge "No Smoking" signs are posted outside and there are no ashtrays inside.
The lodge administrator says people who light up inside are asked to stop.
"They either go outside or they tell you to go fly a kite. At that point, we don't know what to do with it," said Jerry Gabbard.
Police say they can't take calls on smoking complaints, but they can respond to an unruly patron.
"If the establishment was to call us and advise us that they've asked them to leave –they refuse to leave – we can at that point go down and ask them to leave," said Sergeant Frank Robinson.
Gabbard worries about the liability of asking their members to leave.
"If you try to physically remove somebody from this building, you're putting this whole establishment's liabilty on this thing," said Gabbard.
The Butler County Health Department has received more than 200 complaints about smoking at the Moose Lodge.
The agency has issued the lodge one citation.
"The inspector was in and seen a couple people smoking," said Larry Turner, who runs the lodge.
He's fighting the $100 fine, not because of the cost, but because he says the system isn't set up right.
"They wrote us a ticket or a fine. Well, tell the people who are smoking not to do it," said Turner. "Write them the fine."
A decision on the appeal is expected to be released next week.
