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Action on Smoking and Health
A National Legal-Action Antismoking Organization Entirely Supported by Tax-Deductible Contributions
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Suit Against AZ Smoke Ban Dismissed [08/08-5]
Excerpts from: Suit vs. smoking ban dismissed
The
Arizona Republic [07/24/03]
A U.S. District Court judge dismissed a lawsuit claiming Tempe's smoking ban
is unconstitutional.
Clicks Billiards Inc. challenged the voter-approved ban, which forbids smoking in restaurants, bars and pool halls.
Judge Roslyn O. Silver said in Tuesday's ruling that the ban "easily passes constitutional muster." She stated that a city does not need proof that smoking is a hazard, but can base regulation on the belief that is so. She also stated the ban is not an illegal taking of property.
Leland Fairbanks and his group, Arizonans Concerned About Smoking, brought the ban to voters last year.
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