Investigator exclusive: Smoking violations soar despite 3-year ban

CUYAHOGA COUNTY -- Smoking inside public places has been illegal for nearly three years, but a Channel 3 News undercover investigation found many businesses continuing to allow smokers to expose other customers to deadly second-hand smoke.

This year alone, Cleveland Health Department inspectors have looked into 1,800 complaints of smoking in public places.

"The health of the patrons and the employees is at stake and that's why it's a priority," said Cleveland Health Director Matthew Carroll.

The law has forced many smokers to light up outside in designated areas, giving others the right to breathe smoke-free air indoors.

In fact, a number of businesses vigorously enforce the law and some, like the Blind Pig on Sixth Street in downtown Cleveland, have never been cited.

But we found many others continue to allow smoking, including the Blue Banana Club in Hinckley.

It ranks first locally for the most smoking fines issued by the state -- $18,000. We found violations are occurring with disturbing regularity.

The state has issued nearly 2,000 citations that total more than $1 million. Yet the state has collected only about a third of the fines, leaving more than $700,000 outstanding.

Our undercover cameras found several patrons and an employee lighting up during a recent visit. But when confronted, the employee, who refused to identify himself, denied they were smoking inside.

"I don't know what that's about -- end of conversation -- have a nice day," the employee said.

Channel 3 News tagged along with county health inspectors on a recent Friday night, during a spot check of Garfield Heights bars.

The inspectors said they found smokers at both the Rockside Tavern and Tequila Sunrise.

"They'll be getting information back from us, noting there was smoking on the premises and, based on where they're at with us, they'll receive a fine for it," said Cuyahoga County Health Inspector Vince Caraffi.

Our hidden cameras found violations all over Northeast Ohio.

In Smedley's Bar and Grille at Kamm's Corner, bartenders give smokers a bottle, partially filled with water, to use as an ash tray.

At Ronda and Mike's Place on Lorain Avenue at 136th Street, those who light up are given a cup with water, also for use as an ash tray.

"I do not think it's a reasonable law," said the bartender at Ronda and Mike's, who we caught lighting up behind the bar. "You know what? I think we're done, honey."

The Suburban Inn, in Middleburg Heights, brazenly offers ash trays for smokers, who we found lighting up during each of our three visits.

"If the health department has such a problem with it, they should be at the bar telling people not to smoke," said the bartender, who refused to identify herself.

"The owner or bartender needs to say 'put that out or step outside,'" said Dave Covell, the Cuyahoga County Health Department Deputy Director.