Monday, June 18, 2007

Smoking Ban Lawsuit Dropped.. I am SO disappointed



I'm really disappointed. This just means we have to work harder to get the right people in office who will listen and stand up for the real people in this world.

One thing is for sure, our candidates WILL be for the people and not stomp on the souls of businesses.

Why shouldn't the constitutional rights of small business owners and individuals be fought for harder? What attorney or attorney's say it isn't worth going thru with? Why can't we raise more money to get a real challenge?

Any ideas?

~Jennifer

"Lawsuit challenging smoking ban dropped

By Ryan Lengerich rlengerich@news-sentinel.com

Attorneys for the City of Fort Wayne and those representing several local bar owners have agreed to drop a lawsuit challenging the city’s smoking ban.

According to court documents, the suit will be dismissed without prejudice, which means it could be filed again.

The city’s new smoking ordinance, which took effect June 1, bans smoking in most enclosed public places in the city, overturning a 1998 law that allowed smoking in separate enclosed areas in bars and restaurants.

In the lawsuit filed May 23, the bar owners charged that the ordinance is vague and infringes on constitutional rights. The lawsuit was later moved to federal court because it raised constitutional issues.

The city amended the wording of the ordinance earlier this month to clarify the portions of the law challenged by the bar owners."

2 comments:

Robert Enders said...

Lawsuits are expensive, and this one had a low probability of success. The real goal was to delay implementation of the ban, but since the ban is now in force there is little point in continuing the suit. However, city council candidates who are opposed to the ban may wish to contact the plantiffs and ask for contributions.

Tim Zank said...

As the old saying goes, you can't fight city hall. Well, not without an enormous amount of money. If somebody had the dough, they could fight the ban and win it on a property rights basis, but it would take years and millions to get it through all the courts to the Indiana Supreme Court, but I think it would be winnable....Especially for clubs that adults have to PAY to enter. That should be a legal no-brainer, shouldn't it??

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