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by BWilliams
on Wed May 16, 2007 8:15 pm |
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Scranton Smoking Ban Heard in Court
The owners of Chick's Diner were in a district courtroom Wednesday in Lackawanna County to answer charges that they ignored Scranton's smoking ban and allowed customers to light up inside the restaurant.
In response attorneys for the diner are now taking the city to court.
Representatives from the city of Scranton came to the south-side district courtroom over two citations issued to Chick's Diner for allegedly failing to enforce Act 64 of 2006, the city's smoking ban.
"A citation issued to each owner over a $300 fine. That's the maximum penalty," said assistant city solicitor Jerry Butler.
The city alleges that on April 24 two people were observed smoking inside the diner and when an owner was asked to tell the customers to stop smoking, he did not respond.
The two citations issued to Chick's were the first two since the smoking ban took effect in January. The diner is fighting back.
"We think the ordinance is unenforceable. We think it was a mistake for the city to try to enforce it. They're causing great harm to Chick's restaurant and other establishments in the city," said Dan Brier, the attorney for Chick's.
Now attorneys for Chicks are taking their case one step further. They've filed a lawsuit in Lackawanna County court, seeking to have the city's smoking ban declared invalid.
Brier maintains the state's Clean Air Act of 1988 supercedes any local ordinance passed by the city.
"I think the law couldn't be more clear. The Commonwealth of Pennsylvania has a Clean Air Act. It regulates smoking in public places like restaurants. The city's ordinance is a violation of that law," Brier added.
Chick's is not alone. Attorneys say legal challenges to other local anti-smoking laws across the state are pending in commonwealth court.
There was no resolution Wednesday on the two citations issued to Chick's. The district judge will wait for commonwealth court to rule before he makes a decision.
http://www.wnep.com/Global/story.asp?S=6526774 |
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BWilliams
Smoking Lobby Sponsor
Joined: Jun 05, 2003
Posts: 1104
Location: New York City
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by Custom Blends
on Fri May 18, 2007 5:07 pm |
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Bill, I'm probably a bit behind the curve on this one, but is there one consolidated legal defense fund that help litigants out in fighting bans like these?
If there's not, perhaps there should be. |
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Custom Blends
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Joined: May 03, 2007
Posts: 9
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by BWilliams
on Fri May 18, 2007 5:29 pm |
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| I am not aware of one, but I will keep my eyes open in case I see anything like it. I would imagine one of the restaurant owner associations might deal with something like that. |
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BWilliams
Smoking Lobby Sponsor
Joined: Jun 05, 2003
Posts: 1104
Location: New York City
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