Journal-News.com

HAMILTON — Rick Sizemore told the Butler County Board of Health that lax local enforcement of Ohio's smoking ban is giving his law-breaking competition an unfair advantage.

Sizemore, owner of Rick's Tavern & Grille in Fairfield, said Thursday he's complying with the smoking law. He even built a $20,000 smoking area outside.

But business in May was down $32,000 from the year before, he said.

"People that I'm competing with are continuing to (allow smoking) on a daily basis," he said, refusing to name names. "There's no other factor involved in this."

Health department officials offered empathy, but said they could do little to help.

"We have received a number of calls with the exact same concerns," said Patricia Burg, health department executive director.

She said her agency simply doesn't have the resources to enforce the law.

Of the 243 complaints the agency has received, for example, only 38 were during hours when inspectors were working. And the money the state gave to counties for enforcement comes nowhere near enough to hire evening inspectors, Burg said.

Furthermore, it can take months and multiple violations before even a $100 fine is meted out, she said.

Board of health member Ryan Welsh made a motion that they hand enforcement of the program back to the state in protest, but Welsh withdrew the motion after Burg asked for a month to research potential fallout from that.

Sizemore suggested sting operations, new legislation — anything to bring his competition in line with the law.

"I'll be damned if I let a state law that's not being enforced ruin my business," he said.

Contact this reporter at jsweigart@coxohio.com.