OxfordPress.com

HAMILTON — Though it's allegedly among the top violators in the state, Moose Lodge 501 in Middletown is appealing the Butler County Health Department's decision that the lodge is violating Ohio's indoor smoking ban.

The health department issued the lodge a $100 fine in November. Health officials said they've received nearly 200 reported violations, conducted several inspections — including two where they saw evidence of smoking — and issued a warning letter.

J.C. Shew represented the Moose Lodge in an administrative hearing Tuesday, March 25. He argued that the lodge — the nation's largest, with more than 10,000 members — is doing everything it can to enforce an unenforceable law.

"The problem here is the law is not specifically written as to what a social organization is required to do," Shew said.

Moose lodge leaders said they have posted no-smoking signs, taken away ashtrays and told people not to smoke — everything short of kicking out people who insist on lighting up.

Moose Lodge Gov. Larry Turner said it's the health department's job to enforce the law, not his.

But the lodge should kick out violators, said Assistant County Prosecutor Roger Sorey, who represented the health department.

"The lodge intentionally violated the law and continues to do so," Sorey said.

Arguing that the violations are intentional, Sorey said the fine amount should be doubled and the lodge should have to pay court costs for the appeal.

A health department inspector testified that as recently as Monday, March 24, he visited the lodge and saw someone smoking. He said signs are up and ashtrays are removed, but people are using empty beer bottles as ashtrays.

Moose lodge officials also said the number of reported violations could be misleading. Because the calls are anonymous, there's no way to know whether all of the calls came from a few members of the Fraternal Order of Orioles across the street, they said.

"The Orioles want to shut us down," said Jerry Gabbard, lodge administrator.

Fred Miller, the appointed hearing officer, said he'll work quickly to make a recommendation to the county board of health, which will decide whether to maintain the fine. If they do, the lodge can appeal to the Franklin County court of appeals.

Meanwhile, the health department is pursuing additional fines for other violations.

Contact this reporter at jsweigart@coxohio.com.