Maybe I should have been more clear in what I was saying. When I said it set's a precedent, I was talking about the Bar owners, not the law.

In other words, a bar owner in North Carolina sees that a bar owner in Ohio won his case on the basis that by law, all he has to do his follow the Statute. If a smoker lights up in his bar, all he has to do is inform the smoker he can't smoke. Thats it. It's not his responsibility to enforce or fine the smoke. That is the States responsibility.

Now, if the State then decides to fine the bar owner, for following it's own rules, by the way, the State itself is breaking it's own rules.
Which is a big no no.

On this basis, the Laws in North Carolina and Ohio are exactly the same. Which means that a Bar owner in North Carolina would win their case.

The same thing happened with a case in Italy or Spain, I'd have to find the case. It's seems one can use this tactic across the board.

Which is my point. Any method that works against a Corrupt Syndicate (the State is a Private Corporation which is listed on Dun and Bradstreet and therefore illegally imposes fines against private citizens) and also enforcing a Corrupt Statute (SHS is harmless) should be used.

For any bar owner in Ohio, the statute is still clear that "A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall direct a person who is smoking to extinguish the lighted tobacco product." This does require a bar owner to do more than just announce or inform someone that s/he can't smoke. Direct a person is open to interpretation, but in the case that was cited by you, the situation was that the patron left the bar with the lit cigarette still sitting there. If a bar owner tells someone to put out a cigarette and they continue smoking and then someone shows up to issue a fine, if the patron says he wasn't told, then the bar owner gets hit with a fine. If the patron accepts responsibility, then he will receive the fine. The responsibility is still on the owner to act, not just to give notice.

I know when L.A. banned smoking at County beaches, there was an attempt to include "carrying a pack of cigarettes on one's person" as a violation whether or not you actually lit a cigarette, but that part was dropped from the measure.