Posted on 12/08/2006 9:03:48 AM PST by Namyak
On the same day Allegheny County was sued over its new law and one week after Erie County was advised by its solicitor against such an ordinance, Scranton City Council rolled the dice and approved a smoking ban Thursday.
Our solicitor wants to roll the dice, but it behooves us to proceed with caution, because I think we can ill afford more litigation in Scranton, said Councilwoman Janet Evans, whose motion to table the ordinance failed. Council passed the ordinance by a 4-to-1 vote.
Solicitor Amil Minora reiterated his belief that the panel was on solid footing in going forth with the ordinance.
Jones Day, the law firm that has represented tobacco giant R.J. Reynolds in numerous product-liability cases, filed a lawsuit against Allegheny County on behalf of two restaurant owners, according to the Pittsburgh Tribune-Review.
The lawsuit seeks an injunction to block that countys smoking ban, citing a state law that some claim prohibits local governments from enacting such laws.
When the Allegheny County Council was debating the ordinance, solicitor Michael Wojcik said it could violate the state Clean Indoor Air Act, which he said prohibits all counties except Philadelphia from passing any local smoking bans, according to the Tribune-Review.
Last week, Erie County solicitor Thomas Talarico also advised that city that such a ban would violate state law.
However, by not specifically legislating smoking or nonsmoking, the state left any further ban to the discretion of municipalities, Mr. Minora said.
The Scranton ordinance would prohibit smoking in nearly all businesses, including bars and restaurants. Bars that get 90 percent of their income through the sale of alcohol could apply for a one-year exemption, under the law.
After Mrs. Evans warned that the ordinance referred to a health department, which Scranton doesnt have, it was amended to read health inspector.
Council President Judy Gatelli excitedly said: It is my proud pleasure to declare (the ban) legally and lawfully adopted.
Mrs. Gatelli, a nurse at West Scranton High School, said she would attend a ceremony at 1:30 p.m. Monday where Mayor Chris Doherty will sign the ordinance into law.
The law is to take effect Jan. 7.
I have to give credit to the council for letting THE PEOPLE decide...not imposing it unilaterally.
Tobacco Prohibition. We'll be able to tell our grandchildren about it.
Smoke 'em if ya got 'em!
Why is it that people get to vote on smoking bans but not on such things as speed limits?
Does the no smoking ban include a ban on receiving tobacco tax dollars in their coffers. If so then, I am all for the ban. (except where I live.) Oh yes please encourage them to ban demoncrapts too.
ping
I'm a Philly smoker and the new ban just went into effect here in September. It's funny ( a sad kind of funny) watching the security guards at Eagles games chasing the drunk smokers all over the stadium....an open-air facility, no less. Don't know how it's affecting the restaurants and pubs, I'm no longer a part of that scene, but I haven't seen many smokers crowding the sidewalks outside of those places.
We do have a councilman who's trying to revise the ban, giving business owners a bigger say in what goes on int their establishments....
Next they will ban gasoline engines, then ban walking, then ban eating to fight fat. Maybe they'll ban voting so they save time and conflict.
Nanny State Ping..............
I wonder how Scranton feels about 30,000 lbs of bananas...
"a ban on receiving tobacco tax dollars in their coffers."
________________________________________
And they call us addicts.
The policymakers want us to believe that they are doing this for health reasons - but they cant'show/prove why second hand smoke is only harmful in privately-owned bars/businesses but NOT in casinos. Notice how these "bans" are popping up all over PA - now that the Casinos are coming to town. How can a small family owned bar compete with the casino down the stree that allows smoking AND free drinks? Stamping on the little guy's right to pursuit of happiness as far as I'm concerned. IT'S ALL ABOUT THE MONEY! Lobbyists, unions and big businesses run this country - not the people.
I have an idea - let's adopt the same clean air standards for all emissions. Ban cars, fire, breathing, farting...
BS alert
Source please
The source would be...me. That was just my observation in my neck of the Greater Central Valley. It seems to me that people are still frequenting the local drinking establishments regardless of the ban as smoking is allowed outside the bar (open air). Have you found it to be different where you are?
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