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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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NH Supreme Court Overturns Anti-Smoking Ordinance [08/22-3]
Excerpts from: Supreme Court Overturns Colebrook Smoking Ban
WNNE
31 NEWS [08/19/03]
The New Hampshire Supreme Court Tuesday overturned the antismoking ordinance
passed by Colebrook voters.
The Colebrook House motel and restaurant had argued the town went beyond the
less-stringent state law in banning smoking in restaurants.
The high court agreed and overturned a lower court ruling that had upheld the ban.
The town had argued the ordinance was within the parameters set by the Legislature when it enacted the state indoor smoking act.
The high court ruling likely means the end of a similar ordinance in Keene, N.H. Keene Mayor Mike Blastos called the decision a blow to home rule and counter to the will of the people.
Debbie Carluccio, of the New Hampshire Smokefree Alliance, said the decision compromises public health and erodes local control.
She urged citizens to ask the Legislature to change the state law to reflect support for local control or strengthen the state's clean indoor air act to be more effective
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