Marquette plans appeal of smoking decision

Source: Detroit Free Press
MARQUETTE - The city will ask the state's highest court to let it keep its ban on smoking.

The city wants the court to overturn a Michigan Court of Appeals ruling last Wednesday that said local governments in Michigan lack the authority to prohibit smoking in restaurants.

"Let's go the final distance. At least we can bring this to a final conclusion," Commissioner Tony Tollefson said as the City Council voted 4-2 Friday to appeal to the Michigan Supreme Court.

The three-judge appeals panel sided with a lower-court judge who struck down a restaurant smoking ban in Marquette two years ago. The panel 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.

The Michigan Restaurant Association, which joined six area establishments and the Michigan Chamber of Commerce in challenging the Marquette ordinance, praised the ruling. Marquette City Attorney Bonnie Hoff said the case has cost about $50,000 so far. The Supreme Court appeal will raise the bill, The Mining Journal of Marquette reported Saturday.

The Supreme Court could decide against hearing Marquette's appeal. The city must file its appeal by April 3.

"I'm cautiously optimistic. I think we're also making a statement here in the city of Marquette," Hoff said Saturday.

Marquette Mayor Stu Bradley voted against another appeal.

"I don't think it is right to tell a business how to do business," he said.

But Commissioner Cameron Howes disagreed, voting to continue appeals.

"This is a major public health problem and we need to take on a leadership role and see this through to the end and give it our best shot," he said.

The Michigan Public Health Code stipulates restaurants seating less than 50 patrons must designate 25 percent of its seating capacity for nonsmokers. Restaurants that seat more than 50 people must designate 50 percent of seating for nonsmokers.
Source: Detroit Free Press