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Article: Smoking ban case goes to state Supreme Court
- Article from:
- Charleston Daily Mail
- Article date:
- July 30, 2003
- Author:
CopyrightCopyright 2003 Charleston Daily Mail. Provided by ProQuest LLC. (Hide copyright information)
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Kanawha County health officials have taken their case for a
smoking ban to the state Supreme Court.
In an appeal filed Tuesday, the Kanawha-Charleston Board of Health
said Kanawha Circuit Judge Charlie King had no basis to lift the
county's smoking ban in bars and restaurants.
The smoker who asked King to relax the smoking regulation
"presented insufficient evidence (i.e. nothing) upon which the court
would have had authority to grant the preliminary injunction," the
appeal said.
King, a smoker himself, relaxed the smoking regulation last week
at the behest of David Dryden of St. Albans.
His ruling said the state constitution appears to prohibit the
board of health from regulating the air ...