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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