Judge David Cain ruled that Ohio Department of Health had improperly levied $33,100 in fines against Zeno's, despite the bar's no smoking signs, removal of ashtrays and employee requests that smokers extinguish cigarettes.

He added that the bar owners who tried to keep people from smoking could not be penalized if patrons decide to light up.

In response to this, a group challenged the judge's ruling in favor of a Columbus bar, stating that it could promote other taverns cited by the state to flip their violations.

“A lot of bars, people do take the time to let people know you can't smoke in here. People go ahead and they disregard the law. And it is critical that bar owners are able to run their business and not act like smoking police", said Jacob Evans, of the Council for the Ohio Licensed Beverage Association".

"We're not promoting smoking", Tom Mulgrew, who works at Youngstown's Coconut Grove, said.

"I do not see this ruling hindering our enforcement of the Smoke Free Workplace Act”, said Matt Stefanek, Mahoning County Health Commissioner.

But the Health Department Director Alvin Jackson seemed to be surprised by the decision as dozens of other cases had been decided in the state's favor in Franklin County.