March 10, 2010
DON’T LIGHT UP IN CABELL COUNTY: Strict Enforcement of Smoking Ban Instituted in Huntington
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following the signature of Cabell County Circuit Judge Jane Hustead lifting the preliminary injunction that barred enforcement of the county’s smoking ban in bars and lottery establishments, the health department has been making house calls.
Representatives have visited bars, nightclubs and lottery establishments to ensure they have the proper signage and understand the new law.
The first step requires that bars post the “smoke free” sign on the doors. They also have to remove items such as ashtrays.
While the litigation brought by owners will continue in court, the Judge did not extend a ban on enforcement to cover the completeness of the litigation. That could be a signal that , despite the economic arguments of the complaint, she leans against ruling in favor of the plaintiffs.
Meanwhile, a bill co-sponsored by ten legislators did not make it out of the House Judiciary Committee. That legislation would have given residents a right to petition the County Commission regarding rules by Health Departments.
Judge Hustead ruled last week that the dangers of second hand smoke outweigh the economic impact on business owners who have filed a constitutional claim that the restriction violates their rights under the “takings” clause.
According to reports, health department inspections will be by complaint and inspections. The first violation results in a warning with a revisit within ten days and another inspection three days later.
Many bar and lottery business owners have already claimed that they will be shutting their doors. Some have stated that the ruckus over the ban has already resulted in many customers stating they will not return once the “No Smoking” sign is affixed to the door.
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DON’T LIGHT UP IN CABELL COUNTY: Strict Enforcement of Smoking Ban Instituted in Huntington
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following the signature of Cabell County Circuit Judge Jane Hustead lifting the preliminary injunction that barred enforcement of the county’s smoking ban in bars and lottery establishments, the health department has been making house calls.
Representatives have visited bars, nightclubs and lottery establishments to ensure they have the proper signage and understand the new law.
The first step requires that bars post the “smoke free” sign on the doors. They also have to remove items such as ashtrays.
While the litigation brought by owners will continue in court, the Judge did not extend a ban on enforcement to cover the completeness of the litigation. That could be a signal that , despite the economic arguments of the complaint, she leans against ruling in favor of the plaintiffs.
Meanwhile, a bill co-sponsored by ten legislators did not make it out of the House Judiciary Committee. That legislation would have given residents a right to petition the County Commission regarding rules by Health Departments.
Judge Hustead ruled last week that the dangers of second hand smoke outweigh the economic impact on business owners who have filed a constitutional claim that the restriction violates their rights under the “takings” clause.
According to reports, health department inspections will be by complaint and inspections. The first violation results in a warning with a revisit within ten days and another inspection three days later.
Many bar and lottery business owners have already claimed that they will be shutting their doors. Some have stated that the ruckus over the ban has already resulted in many customers stating they will not return once the “No Smoking” sign is affixed to the door.
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