COLUMBUS, Ohio -- A conservative policy group is arguing in a lawsuit that Ohio is enforcing its smoking ban too strictly at a time when bars are already hurting.

The Buckeye Institute, arguing on behalf of a Toledo tavern called the Pour House, said in a lawsuit before a state appeals court that the state is requiring bars to exercise near total control over their customers.

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Survey: Do you think Ohio's smoking ban should be relaxed so that bars can make money during this recession?

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Attorney Maurice Thompson said bars must be given a reasonable amount of time to confront smoking patrons before a citation may be issued.

But Attorney General Richard Cordray said the law is simple: If smoking is occurring, it's the bar's fault.

Cordray brought enforcement to a new level last week when he sued two bars alleging they had repeatedly flouted the ban.