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Tuesday, May 22, 2007

Court Rules Against Allegheny County Smoking Ban

(AP) PITTSBURGH A state appeals court says that Allegheny County had no authority to enact a ban on smoking in bars and restaurants, and ordered a lower court to issue a permanent injunction stopping the ban from taking effect.

Commonwealth Court ruled today in a case brought against the county by two restaurants challenging the ban, which originally took effect January 2nd for indoor workplaces. But an Allegheny County judge later delayed the implementation of the law in bars and restaurants.

The owners of the Smithfield Cafe and Mitchell's Restaurant argued that the state's 1988 Clean Indoor Air Act pre-empts the county and Chief Executive Dan Onorato from passing a law restricting indoor smoking.

They also claimed the ban would cause irreparable harm to their businesses and contains unfair loopholes for small bars.
www.kdka.com

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