WA State Supreme Court snuffs Pierce County smoking ban

[merwin]

WA State Supreme Court snuffs Pierce County smoking ban

POSTED: 10:35 am PST February 10, 2005

OLYMPIA, Wash. -- 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.
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To smoke or not to smoke... that is the question

[maxsolomon]

1. BOOOOOO!

we'll be the last state in the union to enact common sense.

[RobertSeattle]

2. Damn ELECTED judges...

Revote Revote

:evilgrin:

[oreocat]

3. I am a proud smoker

If there are non and smoking sections then that's OK.
Screw this banning scrap.

[LynneSin]

5. Sorry, doesn't work that way

As a non-smoker, you still smell the smoke even in a smoking section. Many times I've had to walk through a smoking section in order to get to a non-smoking section. As as someone who worked in a Restaurant for 3+ years I had a cough that rivaled any heavy smokers (and I needed that job because it helped me get through a time when jobs were scarce). BTW, 8 years later that cough has cleared up.

Personally I don't think they should be allowed to have bans on private clubs but anything else is fair game. I love living in Delaware and going to places that are smoke free. Last weekend we went to a restaurant in Philly and asked for smoke free and were 3 tables over from the smoking section. Hell I might as well sat right next to the smoker.

Unless the restaurant can isolate the smoking area so it does go into any non-smoking areas then believe me, smoking/non-smoking sections do not work

[imacoolbreeze]

6. Holy Smoke people!

Holy Smoke people! How dumb can Americans be? Do you like pornshops? No? So do you go round banning pornshops? Why not? Is it because YOU DON'T HAVE TO WALK INTO A PORN SHOP? ARE YOU "VOTING" WITH YOUR FEET?

Same with smoking! Don't like restaurants that allow smoking? DON'T GO IN THERE!!! Patronize restaurants that DON'T ALLOW SMOKING!!! VOTE WITH YOUR WALLET!

It's easy! The businesses only need to have a sign on the front door: NO SMOKING... or SMOKER FRIENDLY. YOU THEN CHOOSE!

No, maybe not... we've become too stupid to do anything that commonsense anymore....

[LiberalFighter]

4. I would agree that Board of Health does not have power to make law

Only City Councils, County Councils and the State Legislature

[superconnected]

7. I don't have a problem with people smoking, as long as I don't have to

breathe it.

Most restaurants never seperated the smoking and non-smoking beyond asking you to sit in the same room in a table in another row.

If they aren't willing to separate it beyond that, I say ban it.

[BlueStatesForever]

8. This non-smoker says HOOO-RAH!!!!

I get sick and tired of the Nazi's, the seat belt Nazi's, the religious Nazis. Thanks to my state Supreme Court, we won't have the smoking Nazi's in Pierce County.

This is one place where the market should decide. If you don't like a smoke-filled establishment, DON'T GO THERE. If enough of us don't go to smokey places, they'll provide non-smoking establishments for us. We already have many voluntarily non-smoking establishments. Most of us don't smoke, so it makes sense to accommodate us VOLUNTARILY.

[napi21]

9. YEAAA for a reasonable court! If you don't like it don't go there!

I have regretably accepted your demands for a smokefree work place hospital, doctors office, and airplanes, and every other darn place you could think of. Now it's time for you to give me a break! Let it up to the resturant to decide if they are going to accomodate smokers. If they do and you don't like it, don't go there! If they loose business, then the patrons have spoken and you win. If they maintain their business or grow it, then you still win because you don't have to go there.