Posted on 08/17/2002 7:00:48 AM PDT by mountaineer
Prosecuting Attorney Herman D. Lantz has announced he will not criminally enforce the Marshall County Clean Indoor Air Regulation while similar issues in other counties are pending before the West Virginia Supreme Court of Appeals.
In a statement issued Friday, Lantz stated it has come to his attention that some Marshall County businesses are complying with the smoking ban while others are not. As a result, the county health department has sought the assistance of the prosecutor's office in enforcing the regulation. In his statement, Lantz pointed out that while health department is not accountable to area citizens, the prosecutor's office is prompting him to offer an explanation to the citizens of Marshall County regarding the position his office has taken on the issue.
According to Lantz, questions have been raised regarding whether the local health department and its governing body, the Marshall County Board of Health, have the authority to create such a regulation, "which has the same force and effect as law.'' He pointed out that other lawmakers and officials such as the county commissioners, state and federal legislators and the prosecutor all can be removed from office by a vote of the people if a majority of the voters have been dissatisfied with their performance. This is not the case, however, with members of the board of health, who are appointed by the county commission.
"This is called democracy,'' Lantz stated in reference to the election of lawmakers. "This is what people have given their lives for in the past and even now ... are putting themselves in harm's way to protect.''
He continued by explaining that a similar clean air regulation implemented in Cabell County currently is being contested before the state Supreme Court. He added that any court action related to enforcement of Marshall County's regulation could, as a result, be stayed until the Supreme Court rules on the Cabell County case.
"I do not know how the Supreme Court will rule on this issue, but I feel it would be premature, unfair and irresponsible to enforce a regulation that may be held unenforceable,'' Lantz stated. "It is my opinion that even if I were to choose to bring an action against violators of this regulation, the proceedings would merely be stayed until the Supreme Court has issued their opinion on this issue. Clearly this would not be the best use of judicial resources.
"Therefore, until such time as the Supreme Court issues its opinion in the case currently pending before it, as Prosecuting Attorney, I will not criminally enforce the smoking ban.''
Lantz added, however, that if the Supreme Court finds the health department has the authority to create such a regulation, it will be his duty to enforce the local regulation.
"Just as I have a duty to represent the citizens of Marshall County, I have taken an oath as prosecuting attorney to uphold the law, and I will do so,'' he stated. "I can assure you that I will proceed in enforcement in the fairest manner to the citizens of Marshall County.''
Lantz stressed that the announcement of his current position on this matter is not intended to encourage anyone to violate the regulation.
"In that respect, the citizens of Marshall County and would-be violators should be aware that, in the event the Supreme Court finds that the health department has the authority to create such a regulation, I will have no choice but to enforce the regulation as of its enactment on July 1,'' he added.
Anyone having question regarding enforcement of the smoking ban should contact Lantz's office at (304) 845-3580. Lantz noted, however, that he will be out of his office from Monday through Aug. 29 for his annual Air Force Reserve Training.
Lantz also stated he will notify the people of Marshall County as soon as possible after the Supreme Court reaches a decision.
What the WHO will release, is a "REVISED" version, in other words [Spin.]
According to Lantz, questions have been raised regarding whether the local health department and its governing body, the Marshall County Board of Health, have the authority to create such a regulation, "which has the same force and effect as law.'' He pointed out that other lawmakers and officials such as the county commissioners, state and federal legislators and the prosecutor all can be removed from office by a vote of the people if a majority of the voters have been dissatisfied with their performance. This is not the case, however, with members of the board of health, who are appointed by the county commission.
"This is called democracy,'' Lantz stated in reference to the election of lawmakers. "This is what people have given their lives for in the past and even now ... are putting themselves in harm's way to protect.''
He continued by explaining that a similar clean air regulation implemented in Cabell County currently is being contested before the state Supreme Court. He added that any court action related to enforcement of Marshall County's regulation could, as a result, be stayed until the Supreme Court rules on the Cabell County case.
Is this what you're talking about,ag? Laws v. regulations?
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