Court
overturns Bullitt smoking ban
Three years into
court proceedings, the Kentucky Supreme Court has issued
a final ruling that overturns a smoking ban approved by
the Bullitt County Board of Health.
The board
exceeded its authority, the court said, so the ban is
invalid.
Opponents and supporters of the smoking
ban — which prohibited smoking in all workplaces,
including bars and restaurants — argued their cases
before the Kentucky Supreme Court in April. The hearing
followed mixed rulings from Bullitt Circuit Court and
the state Court of Appeals.
The county board of
health approved the ban in 2011. Board members argued
that preventing health risks caused by secondhand smoke
falls under its jurisdiction, as provided in a state law
that allows it to adopt regulations “necessary to
protect the health of the people.”
However,
Bullitt Fiscal Court and the eight cities within the
county claimed in a lawsuit that Fiscal Court is the
only legislative agency that can enact a countywide
smoking ban.
They asked Bullitt Circuit Court to
prevent the board of health from implementing the ban.
Bullitt Circuit Judge Rodney Burress agreed that the
board did not have that authority and stopped the ban
from taking effect.
The state Court of Appeals
later overturned Burress’ ruling, saying the board has
the right to impose regulations involving public health,
including a smoking ban.
The decision from the
Kentucky Supreme Court reverses the Court of Appeal’s
ruling and reinstates Bullitt Circuit Court’s judgment,
according to court documents.
http://www.courier-journal.com/story/news/local/bullitt/2014/06/19/court-overturns-bullitt-smoking-ban/10885171/
