RI Judge Broadens New Smoking Ban in Response to Lawsuit [04/01-4]
Excerpts from: Judge Responds To Lawsuit, Temporarily Broadens Smoking Ban Lawsuit Claims Exemptions To New Statewide Smoking Ban Are Unconstitutional
Turnto10.com [03/31/05]
Responding to a lawsuit that claims exemptions to a new statewide smoking ban are unconstitutional, a Superior Court judge on Thursday temporarily extended the ban to cover small bars and private clubs that had been free of it.
The suit was filed by the Neighborhood Pub Association, a group of business owners affected by the ban who say that for it to be constitutional, it must apply equally to all businesses.
Judge Stephen Fortunato Jr. agreed in his Thursday ruling, saying that temporary exemptions for Class C and D establishments with 10 or fewer employees were irrational, and therefore unconstitutional. Businesses in those categories include private clubs and small bars which do not prepare their own food.
But Fortunato allowed the permanent exemptions given to gambling facilities Lincoln Park and Newport Grand to stand. The law provides a permanent exemption to the two facilities as long as they segregate their smoking and non-smoking areas and allow workers to choose in which area they work.
Fortunato's temporary expansion of the ban will stay in place until at least April 11, when he has scheduled another hearing on the matter.
Lisa Wakefield, who runs Scooby's Neighborhood Grill in Middletown, told the Newport Daily News she considered the ruling a victory.
Wakefield said she has lost nearly 50 percent of her business since the smoking ban went into place.
"I thought (Fortunato's decision) was fair," Wakefield said. "As long as it's fair, someone won't have an advantage over me and that's what we want."
But one the owners of Buschewacker's Sports Club in Newport, a private club with a Class D liquor license, said the decision does not make sense.
Katrin Busche, who runs the club with her brother Axel Busche, said nearly 90 percent of the club's patrons smoke. "We're a private club and not open to the public," she said. "People have a choice whether to come here or not."
Bushewacker's has recently been advertising seeking new members, noting the club permits smoking.
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