The big brown pile was voted on by the entire state, so we are all to blame. The relevant part of the law is http://www.smokefreeohio.org/oh/about/documents/SFOlaw.pdf:
3794.03 Areas where smoking is not regulated by this chapter.Now, to me it looks like this allows smoking in private clubs in very limited conditions. I can't figure out how the judge ruled that very limited cases means absolutely no cases.The following shall be exempt from the provisions of this chapter:
[snip]
(G) Private clubs as defined in section 4301.01(B)(13) of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not for profit entity; only members of the club are present in the club’s building; no persons under the age of eighteen are present in the club’s building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.
It seems very well written and clear to me as well, but what do I know compared to this judge. I just hope the people of Ohio are proud they voted for this mess, when something reasonable could have been accomplished.
I was out of the state for a week, and it was really nice not seeing those Nazi No Smoking signs posted everywhere with the phone number for reporting your fellow citizen. It shows how we treat each other here in Ohio, that’s for sure.
I'll wait until I see the actual ruling. The Associated Press doesn't have a good track record at getting such things right. I suspect that it is more likely that the Judge ruled that our state government's interpretation of the law didn't follow the actual legislation, and that the extremely limited provision for smoking in private clubs still exists, but government just needs to tailor their regulations to match the law.
Considering how restrictive the law is regarding private clubs, this would still ban smoking in most private clubs, but it is because the majority of voters in this state foolishly voted to do so, not simply because this judge decided it should be that way.
The real battle on this was lost when opponents of the ballot initiative were unable to get the issue taken off of the ballot or the ballot language modified because of the highly restrictive definition of a private club used in the proposed law wasn't reflected in the ballot language.