Posted on 02/10/2005 5:21:41 PM PST by djf
OLYMPIA - The Washington State Supreme Court on Thursday struck down Pierce County's smoking ban.
The ban was the strictest in the state, covering bars, restaurants, bowling alleys, casinos, hotels, private clubs and most other nontribal businesses.
The Tacoma-Pierce County Board of Health imposed the ban in January of last year, but three weeks later it was overturned by Pierce County Superior Court Judge Ronald E. Culpepper, who said the agency lacked the authority to enact it.
The state Supreme Court agreed, saying the health board's smoking ban conflicted with the state law. The state's less restrictive Clean Indoor Air Act prohibits smoking in most public places, but exempts restaurants, bars, bowling alleys and casinos.
"The (health board's) resolution, by imposing a complete smoking ban, prohibits what is permitted by state law: the ability of certain business owners and lessees to designate smoking and nonsmoking locations in their establishments," Justice Charles Johnson wrote in the unanimous opinion.
"I'm so happy!" said Janis Johnson, owner of the Pegasus Restaurant in Tacoma, where smoking is permitted. She said she ran through the restaurant telling everyone "we won!" when she heard the news.
"This has been a long, hard-fought battle," said Johnson. "They did the right thing."
The smoking ban was challenged in court by the Entertainment Industry Coalition, representing businesses where smoking is allowed. The high court denied the coalition's request for attorneys' fees from the Tacoma-Pierce County Board of Health, because it said the health board's defense was rational and not frivolous.
Two bills in the Legislature this year would expand the state's clean air act. One would ban smoking anywhere minors are allowed, including restaurants but excluding bars; the other would mimic the Pierce County ban and prohibit smoking in all indoor public places statewide. Gov. Christine Gregoire said this week she will sign either one, though the less-restrictive ban stands a better chance of passing.
The Supreme Court case is Entertainment Industry Coalition v. Tacoma-Pierce Co. Bd. of Health, No. 75675-9.
Pigs must be flying around a frozen hell, they're actually letting us decide how to live our lives for a change!!
I would not get your hopes up too high. They are upholding the State law over any local ordinance and this is Washington State we are talking about ...
A smoking case in favor of smokers? I don't believe it.
Somebody check the weather in hell, see if it's freezing down there.
What difference does it make if Gregoire signs some new piece of paper?
She's not my governor.
Neither I nor anyone else in Washington owe her any allegience, save the cheating sons a bitches who tampered with the election and have no conscience about it.
two bills are working their way through the capital, thank you very much...not. Our pretend governor Fraudoire said she's sign either one that reaches her desk.
I think you should make up your mind where you live before someone thinks you are lost.
I live in my home.
I am not the ward of any state. Or county. Or district.
I am responsible for my own well being.
Whata concept!!!
Yep, the patients on Unit Six view life the same way ...
Not a bad week.....earlier the Virginia Senate killed a statewide smoking ban by 2 to 1.
I'm pretty gud at reeding and riting and don't have a clue what your point is.
WOW! JUST WOW!
This Orwellian crap the dogooders are trying to put through has to stop. In Michigan we have some problems to deal with also along these lines.
I think this decision was expected by all sides. The county health department massively overstepped their authority and everybody knew it.
The real concern is the new law that Gregoirovich is trying to push through before she gets thrown out of the Governor's Mansion.
Her "margin of victory" is still massively smaller than the number of votes in question.
Not only that, it took her and her minions THREE COUNTS to fudge the numbers enough.
I and many others will never believe she is governor.
Thanks for the ping!!
Preach it, brother. :-)
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