Restaurants and Bar owners say the smoking ban would hurt their business. Supporters say it would have shielded customers from the dangers of second hand smoke. Now both sides will have to wait to see whether it ever takes effect.

The decision from U.S. District Court Judge David Katz essentially means it's still legal to light a cigarette in Lucas County. Enforcement is being delayed, until the case can be resolved. The Toledo-Lucas County board of health's ban would have stopped smoking in all public places- including restaurants, and bars. Judge Katz ruling delays the ban, until the State Supreme Court makes a final ruling. The decision came less than 2 days before the strict ban would've taken effect. 27 plaintiffs consisting of mostly bar owners filed the lawsuit in Lucas County Common Pleas Court. They want the ban declared unlawful. Many are concerned no smoking will be fewer customers.

"Obviously we're very pleased someone has ruled in our favor. We asked the Toledo-Lucas County board of health to voluntarily grant a stay, but they wouldn't," said Arnie Elzie; one of the business owners behind the effort to stop the smoking ban.

"This means we will get to the bottom of it sooner... It will be in the hands of the Ohio Supreme Court hopefully by the end of the month," said Larry Vasko; Lucas County's Deputy Health Commissioner.

Attorney's for both sides have 2 weeks to agree on the wording for the case. They expect a final ruling from the State Supreme Count in the next 6-7 months. In the meantime, the smoking sections will remain open in Lucas County.

by Rob Packard 7-6-01