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.
Finally, somebody got it right! The owners and not the government should make the rules in their own establishments. It's too bad it's not that way in Florida. But, it is my understanding that there are a number of the larger establishments (bars) who are fighting to get the law changed.
The personally polluting profligates on this board make me ill. Literally. You have no right suffocate me with your behavior. The reckless sociopathy of the oblivious and benighted smoker is neither libertarian nor conservative.
I hope WA state as a whole becomes enlightened on this point. IMHO, the scourge of smoking should be banned nationally; tobacco should be treated like pot plants.
No! You dunderhead! The owners, and only the owners should make the rules for their establishments. The rest of the people can vote or patronize with their wallets.
I really do not have gloating rights living here in GA. Just got caught up in the gloat zone. I hope the gloating time lasts as long as possible all who are so inclined.
You sure are a piece of work for a Republican!
And, you, sir/ma'am, have not right suffocating me or anybody with yours!
I hope you're right.
The difference with what happened here compared to Flordia is that in Florida the Constitution was changed by the voters.......not some health department flunkie.
My, my, my.........you seem a little bit upset.
It is both Libertarian and Conservative to oppose infringements upon private property rights, which is what these bans do. You do not have the right to enter anyone's business establishment without permission....implied or expressed.
I live in VA, so I know what you are saying.
However a friend of mine has been heavily involved in this since the begining and I was thinking of him and the people he has been working with for so long, including the restaurant owner quoted in the article.
Did I claim to be the author? Does it not say 'KOMO' at the top?
I was in a hurry and just got back.
Jeez, dude, get a gummint job.
23 Ramius
____________________________________
A technicality. This was done by a LOCAL official thus presumably reflecting local desires.
Even local officials are sworn to uphold the US Constitution, and their State Constitution, neither of which give him the power to institute fiat prohibitions on smoking. -- Or on anything else.
The personally polluting profligates on this board make me ill. Literally. You have no right suffocate me with your behavior.
No one is 'suffocating you'. You're ill with imagined 'pollution'. Don't go into private or public smoking areas, and you'll be fine.
The reckless sociopathy of the oblivious and benighted smoker is neither libertarian nor conservative.
You've put the 'sociopathy' here on the wrong foot. Trust me.
I hope WA state as a whole becomes enlightened on this point. IMHO, the scourge of smoking should be banned nationally; tobacco should be treated like pot plants.
Yep, let's re-institute a new national prohibition Amendment. Booze, smokes, drugs, guns, -- anything 'dangerous'.. Boy, -- would that be fun..
The Board of Health has ZERO rights to make laws. Period. Deal with it, and stay in california - we have enough of you Nanny-Staters flooding up here ruining everything as it is...
Love Georgia, but my heart and soul will always be in my home state of Virginia.
I envy you more than you know. One day I will return for good.
I'll try and do good as a steward for you.........We love it here, it will be 2 years in April since we moved here.
"Michael Jackson may have the urge to masturbate in public but I'm sure you wouldn't appreciate that and his behavior would be less risky and harmful to employees and fellow patrons."
I'm doubtful many patrons would subject themselves to this behaviour and the business would go belly up. Of course that assumes no one points a gun to my head and forces me to enter the private property. Who points the gun at your head to force you into establishments that allow smoking?
"I hope WA state as a whole becomes enlightened on this point. IMHO, the scourge of smoking should be banned nationally; tobacco should be treated like pot plants."
So, is it safe to conclude that you are in agreement with the expanded eminent domain cases? Is it safe to assume that you are in agreement with the ACLU that all public displays of christianity are to be banned?
What other personal freedoms, liberty and private property rights would you encourage destroyed?
Why are you a member of this discussion board?
And you have no concept of private property. When's the last time a jack-booted gubmint thug forced you at gunpoint to go to a restaurant that allows smoking?
IMHO, the scourge of smoking should be banned nationally; tobacco should be treated like pot plants.
Or vice-versa.
I wouldn't be too optimistic. This was only struck down because a department within the state overreached their authority. That's about the only time you see a smack down like this. It's frightening that the Department of Health convinced themselves it was all right for them to enact this kind of a sweeping reform.
The fact that we've already put "Clean Air" legislation (of course, the diesel spewing buses idling on every other street corner are exempt) and are preparing to 'expand' that legislation is the real proof here that THEY ARE TELLING us what we can do and how we can live...in our own private enterprises.
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