2 smoking ban hearings today
2 smoking ban hearings today
Issue before judge and council panel
By Dan Klepal
Louisville's voided smoking ban will go before a judge today, and its proposed new smoking ban will get a hearing before a Louisville Metro Council committee.
During a hearing at 10:15 this morning, the Jefferson County attorney's office will ask Senior Status Judge Stephen Ryan to reconsider his Dec. 21 decision overturning the ban.
Circuit Court Judge Denise Clayton had ruled in November that an exemption for Churchill Downs in the old ban, which took effect July 1, was unconstitutional. Ryan subsequently found that the law never would have passed without that provision, and threw out the entire ordinance.
The result has been a resurgence of smoking in many bars, restaurants and bingo halls in the county.
Assistant County Attorney Bill O'Brien said his office also will ask Ryan to mark his ruling as "final and appealable," a technicality that will allow the city to appeal the decision to the Kentucky Court of Appeals if he declines to reverse himself.
O'Brien said the appeal is important, even if the Metro Council passes a new smoking ban, as expected, on Thursday.
That's because Ryan ruled that a so-called "severability clause" in the ordinance does not apply. The severability clause was meant to protect the rest of the smoking ban by allowing the council to "sever" the Churchill Downs exemption after it was ruled unconstitutional.
Ryan found that Kentucky law "certainly does not stand for the notion that courts are to construe questionable statutes or ordinances constitutionally valid simply because a severability clause exists."
That's an important finding, O'Brien said, because many other metro ordinances feature severability clauses.
"It could have impact in many other instances," O'Brien said.
Meanwhile, the council's Health and Human Services Committee will debate aspects of the new ban beginning at 1 p.m. today. The proposed ordinance has several changes -- including a provision that would force business owners to call police if a patron refuses to stop smoking inside and refuses to leave the premises.
Committee members will debate the proposed ordinance, with O'Brien and the health department director, Dr. Adewale Troutman, on hand to answer questions.
No public comment will be taken.
Chairwoman Mary Woolridge, D-3rd District, said she'd prefer that the committee just remove the Churchill Downs exemption and keep the remainder of the old law.
"We don't want this thing to end up in court again," she said. "But you never know what's going to happen."
The Louisville Metro Hospitality Coalition and the Kentucky Charitable Gaming Association have both launched radio advertisements trying to build public support for changes to the law.
The hospitality coalition would like an exemption for clubs that cater to people 21 and over. The gaming association wants an exemption for bingo halls that have separately ventilated smoking rooms.
http://www.courier-journal.com
Issue before judge and council panel
By Dan Klepal
Louisville's voided smoking ban will go before a judge today, and its proposed new smoking ban will get a hearing before a Louisville Metro Council committee.
During a hearing at 10:15 this morning, the Jefferson County attorney's office will ask Senior Status Judge Stephen Ryan to reconsider his Dec. 21 decision overturning the ban.
Circuit Court Judge Denise Clayton had ruled in November that an exemption for Churchill Downs in the old ban, which took effect July 1, was unconstitutional. Ryan subsequently found that the law never would have passed without that provision, and threw out the entire ordinance.
The result has been a resurgence of smoking in many bars, restaurants and bingo halls in the county.
Assistant County Attorney Bill O'Brien said his office also will ask Ryan to mark his ruling as "final and appealable," a technicality that will allow the city to appeal the decision to the Kentucky Court of Appeals if he declines to reverse himself.
O'Brien said the appeal is important, even if the Metro Council passes a new smoking ban, as expected, on Thursday.
That's because Ryan ruled that a so-called "severability clause" in the ordinance does not apply. The severability clause was meant to protect the rest of the smoking ban by allowing the council to "sever" the Churchill Downs exemption after it was ruled unconstitutional.
Ryan found that Kentucky law "certainly does not stand for the notion that courts are to construe questionable statutes or ordinances constitutionally valid simply because a severability clause exists."
That's an important finding, O'Brien said, because many other metro ordinances feature severability clauses.
"It could have impact in many other instances," O'Brien said.
Meanwhile, the council's Health and Human Services Committee will debate aspects of the new ban beginning at 1 p.m. today. The proposed ordinance has several changes -- including a provision that would force business owners to call police if a patron refuses to stop smoking inside and refuses to leave the premises.
Committee members will debate the proposed ordinance, with O'Brien and the health department director, Dr. Adewale Troutman, on hand to answer questions.
No public comment will be taken.
Chairwoman Mary Woolridge, D-3rd District, said she'd prefer that the committee just remove the Churchill Downs exemption and keep the remainder of the old law.
"We don't want this thing to end up in court again," she said. "But you never know what's going to happen."
The Louisville Metro Hospitality Coalition and the Kentucky Charitable Gaming Association have both launched radio advertisements trying to build public support for changes to the law.
The hospitality coalition would like an exemption for clubs that cater to people 21 and over. The gaming association wants an exemption for bingo halls that have separately ventilated smoking rooms.
http://www.courier-journal.com
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