Court douses proposed smoking ban

Source: Lansing State Journal
Ingham County’s proposed smoking ban will likely die after a Wednesday ruling by the Michigan Court of Appeals.

The three-judge panel said local governments don’t have the authority to prohibit smoking in restaurants.

The court sided with a Marquette judge who struck down a restaurant smoking ban there two years ago.

“The question of whether there should be a total ban...must be left to the Legislature,” Judges Michael Kelly and Roman Gribbs said in the majority opinion.

The proposed smoking ban in Ingham County would have prohibited smoking at all work sites, indoor recreation areas, restaurants, bars and other public places.

The judges said Michigan law bars local officials from exceeding smoking limits in the state public health code, which directs restaurants to have separate seating areas for smokers and nonsmokers.

Ingham County Commissioner John Czarnecki, D-East Lansing, is disappointed in the panel’s decision, but said commissioners were already considering a less restrictive proposal.

“We’re trying to improve the quality of life for our citizens,” Czarnecki said. “But we’re trying to find some middle ground...so our restaurants and bars can maintain a livelihood.”

He said the county board’s Human Services Committee might take up a new proposal in May.

Appellate Judge Joel Hoekstra agreed that the Marquette ordinance went too far, but disagreed with portions of the majority’s reasoning.

There was no immediate word from Marquette officials on whether they would appeal to the state Supreme Court.

The Michigan Restaurant Association, which joined six local establishments and the Michigan Chamber of Commerce in challenging the Marquette ordinance, praised the ruling.

“Any smoking policy that we have should be set on a consistent, statewide basis,” said Rob Gifford, executive director of the restaurant association.
Source: Lansing State Journal