Friday, January 29, 2010

Two court cases uphold smoking bans

Court cases in Kansas City, Mo., and Nebraska upheld two smoking bans.

First, in Missouri, the Missouri Court of Appeals upheld Kansas City, Mo.'s, smoking ban. A bar owner had claimed it was unconstitutional because there is no statewide smoking ban in Missouri, but the Court of Appeals upheld a lower court decision that it is constitutional.

Secondly, a judge in Nebraska refused to grant a restraining order against that state's new smoking ban. This case was filed by the owner of a couple of pool halls in Nebraska. This doesn't end the Nebraska case, but means it will go into effect until the lawsuit runs its course. This lawsuit claims the ban in unconstitutional because it has an exemption for cigar bars.

No statewide smoking ban has ever been overturned by any court. Multiple lawsuits have failed.

Source : http://pepepartylounge.blogspot.com/2009/06/two-court-cases-uphold-smoking-bans.html

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