Altria Group Inc (MO)

[EZ2]

P.S. ~~ you would think Larry could control this better !!
========================================================================================

Louisville Smoking Ban Cleared by Judge
Friday June 29, 11:20 am ET
By Bruce Schreiner, Associated Press Writer
Kentucky Judge Clears Way for Louisville's Smoking Ban to Take Effect


LOUISVILLE, Ky. (AP) -- Smokers beware: Puffing will soon be prohibited in most public places in Kentucky's largest city.
A coalition of bars, restaurants and bingo hall operators on Thursday failed to win a court ruling aimed at blocking Louisville's strict smoking ban from taking effect Sunday while they pursue a lawsuit challenging the ordinance's constitutionality.

Jefferson County Circuit Judge Denise Clayton denied their request for a temporary injunction. In her ruling, Clayton wrote that the smoking ban would not cause "irreparable harm" to businesses, though she acknowledged that "some smokers may choose to stay home rather than visit an establishment where they may not smoke."

The ordinance would prohibit smoking in all public places in this one-time tobacco hub, with the exception of Churchill Downs racetrack and any tobacco manufacturer.

The groups challenging the ordinance claim the Churchill Downs exemption is unfair.

Jefferson County Attorney Irv Maze said he was pleased with the judge's ruling and said the opponents can still raise their objections when the lawsuit goes to trial later.

Maze said the opponents' strategy was to "delay, delay and delay."

"We're glad that the will of the (Metro) council can be implemented, and it's time to move forward and let the court process work," Maze said of the ruling.

Attorney Mike Hatzell, who represents about 200 bars and restaurants seeking the injunction, said he was disappointed with the ruling but said it's "just round one."

Hatzell said no decision had been made on whether to appeal.

He said that Clayton didn't address the merits of the overall case in her ruling Thursday.

"She left the door wide open on the constitutional issues," he said.

The smoking ban opponents won on an enforcement matter, however.

Clayton ruled that Louisville Metro Health Department officials can enter businesses affected by the ban only during business hours. The ordinance was written to allow health officials to go into the businesses "at all reasonable times" to enforce the smoking ban. The groups challenging the law argued that amounted to an unlawful search.

The new smoking ban will replace a less-stringent ordinance that allows smoking in bars and restaurants that receive less than 75 percent of their revenue from the sale of food served inside the restaurant. The older law also allows businesses with separately ventilated smoking rooms to continue allowing patrons to light up.

Louisville is among several Kentucky cities to ban smoking in a state that has led the nation in the production of burley tobacco, an ingredient in cigarettes.

Louisville once was a hub of the tobacco industry, but those days are long gone. Philip Morris USA closed a manufacturing plant here, and Brown & Williamson Tobacco Corp. abandoned its Louisville headquarters after merging with R.J. Reynolds Tobacco Co.