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. :-)
The state gov't might like these exemptions but the People of that county DO NOT. The People's Will should be the paramount and controlling factor.
Then the people of the county need to change the State law that the BOH overstepped.
This was a Board of Health thing - not the County Council.
Huh?
There is no "local law" in this case. County health boards cannot make law, but they tried to. That's the WHOLE point.
This was a little pipsqueak health inspector control freak that got a bug up his *** and the court smacked him back down where he belongs.
If the locals desired a ban to protect the health of themselves and their neighbors, that's what should control. Go smoke in your own damn house! I'll pray for your children's health. 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.
Didn't know the Assembly had killed that - thx.
No, I suppose you don't.
The business owners of the county, who's private property was impacted by this are the ones that fought it - you know tax payers??????
...They banned smoking there, too....
Dang!
So you believe that the state should control a private business?
Very lopsided vote..........26 nay only 14 yeah!!!
My local State Senator told me something that I haven't yet checked out. The Washington State Constitution empowers the State Government and all local authority must be specifically authorized by the State Government.
You live in Kookifornia. Mind your own business.
I love VA. Now if only we could get some of that Global Warming...
You know it! The business owner's there sure are happy! They might have a chance now to keep their heads above water.
A few good articles this week. Gives me hope ! :)
What I love are personal and private business rights.
If you have a problem with that, you are the Nazi, not me.
If I remember correctly, that was one of the main premises on which this case was to be determined.
LOL!!!!!!!
well they've started blaming it on smoking - so maybe if you get some of those tree huggers around there to take it up you could get your wish (just kidding)
Pigs must be flying around a frozen hell...
and I had to stand 'cause the monkeys are trying to fly out my butt.
Won't last though, it will be reworked and reworded and once again Nanny can save us from ourselves.
Shhhhhhhhh.....give a little of gloating time.
Especially for the folks who worked so bloody hard in Pierce County.
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.