By FRED CONNORS
Jeanette Wakim stands in front of the Tropic club on Wheeling Island on Thursday after a magistrate ruled

that the furnishings of the video lottery room are not under the control of the Wheeling-Ohio County Health Department and its smoking ban rules.

WHEELING — The Wheeling-Ohio County Health Department cannot regulate furniture within a video lottery room, a magistrate ruled Thursday.

Allegations that Jeanette Wakim, owner of the Tropic on Wheeling Island, violated the Wheeling-Ohio County Clean Indoor Air Regulation were dismissed during the hearing.

Ohio County Magistrate Charles Murphy dismissed the case against Wakim’s business, Foundation Corp., after saying the Wheeling-Ohio County Health Department overstepped its authority in deciding what equipment or furniture is permitted inside a video lottery room.

Foundation Corp. was cited in January for alleged video lottery room violations at the Tropic on Wheeling Island.

The complaint alleged the video lottery room was equipped with a pool table, bowling and dart machines, Mega Touch game machine, a juke box and a television set.

Murphy said equipment in a business is not connected to public health.

“This is a no-brainer,” Murphy said. “It is as clear as the nose on my face.”

Assistant Ohio County Prosecutor Shawn Turak said the decision will be appealed to the circuit court level.

After the hearing, Wheeling-Ohio County Medical Director William Mercer said he was disappointed with the decision and agreed it will be appealed.

Also speaking after the hearing, defense attorney Paul Harris said he and his client were pleased.

“We applaud the magistrate’s decision, but Dr. Mercer should have been sanctioned for what he put my client (Jeannette Wakim) through,” Harris said.

Harris said there was no allegation about smoking in the complaint; rather it concerned furniture.

“I think Dr. Mercer should be fired and all of the health department board of directors should be removed by the Ohio County commissioners and Wheeling City Council,” Harris said.

This was the third of five clean indoor air violation cases settled. In unrelated complaints, two other Ohio County business owners were convicted of violations and fined.