Smoking Ban Fails on Appeal

Allegheny County was dealt another defeat yesterday, when a three-judge state appeals court ruled that we do not have the authority to enact and enforce our own smoking ban.

No, this did not already happen. The courts had previously filed injunctions against the ban, until a future ruling. This was the appeal at the state level, and Allegheny County lost.

From the P-G’s Ward and Srikameswaran:

“If it’s a statewide ban that includes everyone, including casinos, I don’t have a problem with that,” Mr. Mitchell said. “Everyone knows smoking is bad for you. We’re just trying to protect our livelihood here.”

From the Trib’s Justin Vellucci:

“This is a victory for all citizens, because it means our rights haven’t been eroded,” said James Mitchell, who owns Mitchell’s Restaurant & Bar. “Do we want more government? Most people would say a resounding ‘No.’ “

Which is it?

From the Comet:

“We enjoy the atmosphere of gritty, nihilistic rebelliousness that smoking affords us,” thought Mr. Mitchell. “We don’t want to have to look at those prissy Highland Park types. Plus, the dump trucks full of cash provided by R.J. Reynolds are a nice bonus.”

Allegheny County can still appeal to the Pennsylvania Supreme Court.

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