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HUGE WIN !!!! ~~~ Pa. Court Rules Against Smoking Ban

Wednesday May 23, 1:51 pm ET
By Jennifer C. Yates, Associated Press Writer

Pennsylvania Appeals Court Rules Against Allegheny County Smoking Ban

PITTSBURGH (AP) -- A state appeals court ruled that Allegheny County doesn't have the authority to ban smoking in bars, restaurants and other indoor workplaces because state law denies most local governments the right to impose stricter regulations.
The Commonwealth Court said Tuesday that the state's 1988 Clean Indoor Air Act pre-empts and supersedes Allegheny County's smoking ban. The act appears to say that only Philadelphia can have more restrictive measures than the state.

Two restaurants, backed by money from tobacco company Reynolds American Inc., had challenged Allegheny County's smoking ban, which took effect Jan. 2 for indoor workplaces.

A county judge had delayed the implementation of the law in bars and restaurants, and Commonwealth Court on Tuesday said a permanent injunction should be issued to stop the entire ban from ever taking effect.

"It's a setback for public health in Allegheny County. This legislation went a long way toward protecting the health of the citizens in Allegheny County," Council President Rich Fitzgerald said. "But secondly, it was a knock against home rule."

Judge Renee Cohn Jubelirer, who wrote the Commonwealth Court opinion, agreed with Smithfield Cafe and Mitchell's Restaurant that the General Assembly specified that the Clean Indoor Air Act pre-empted local legislation.

John Petrolias, owner of the Smithfield Cafe, said he was very pleased with the ruling.

"We've been saying that all along," Petrolias said.

Kevin Evanto, a spokesman for County Executive Dan Onorato, said Onorato has no plans to appeal the decision. Fitzgerald said the council would review the ruling before making a decision about an appeal, which must be filed within 30 days.

"The one thing that the ruling does is reinforce what the county executive has said throughout this debate, that this is truly a state issue," Evanto said. "He continues to hope that the General Assembly will pass a statewide ban."

Several state lawmakers have written legislation to ban smoking in certain places statewide. None of the legislation, though, has passed either the House or Senate.

Scranton and Philadelphia are the only other cities in Pennsylvania with smoking bans; Erie officials approved a ban but it has not been enforced.

Cindy Thomas, executive director of Tobacco Free Allegheny, a nonprofit group funded by the county's health department, said Philadelphia wouldn't be affected by the ruling because its clean air ordinances are allowed to be more restrictive than the state's.

Thomas said she also would like the Legislature to pass a statewide ban. In the meantime, she hopes businesses that have been smoke-free since the ordinance was passed will stay that way regardless of the ruling.

"I'm a little at a loss of what to say to people to get them to understand that this action can help protect people and their health," Thomas said. "The science is very clear."