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Judge: Smoking ban does not violate constitution

Thursday, July 29, 2010
(Updated Friday, July 30 - 5:39 am)
By Mark Binker
Staff Writer

HIGH POINT — Judge Jan Samet has ruled that the state’s smoking ban does not violate the constitution, according to lawyers in the case.

A written order has not been issued yet, but lawyers for Guilford County and Gate City Billiards both confirmed the decision Thursday morning.

“We will appeal to the Court of Appeals,” said Seth Cohen, a lawyer for Gate City Billiards.

A statewide ban on smoking in bars and restaurants went into effect Jan. 2. Gate City Billiards was cited for violating that ban. The pool hall contended that it was a private club and should be exempted from the law. The Guilford County Board of Health rejected that argument, saying only not-for-profit private clubs were exempt.

Samet upheld that ruling by the Board of Health. Cohen argued in court that the distinction lawmakers make between not-for-profit and for-profit clubs was “not rationale” and should be struck down.

Although this Greensboro case is not the first to be brought against the smoking ban, it is the first to be heard on its merits in district court.

Read more in Friday's News & Record and in our e-Edition.

Contact Mark Binker at (919) 832-5549 or mark.binker@news-record.com

Accompanying Photos

Gerry Broome (Associated Press)

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Panacea

July 29, 2010 - 12:00 pm EDT

Not surprised by the ruling at all; I did not expect Gate City to prevail. I don't expect him to win on appeal, either.

It'll be interesting to read the written ruling and get some insight into the judge's thinking.

Cemetery

July 29, 2010 - 12:21 pm EDT

I am thrilled that the ban was upheld. The last thing I want to smell when I enter a club/bar/restaurant is smoke filling my lungs.

TiredofDems

July 29, 2010 - 12:47 pm EDT

I dont smoke, and never will. But there needs to be places that people can go to for tihngs like this, I am going to be the people who are for this ban NEVER go to that place!

Panacea

July 29, 2010 - 10:14 pm EDT

There is a place . . . home.

VALawyer

July 30, 2010 - 9:34 am EDT

Or they can go outside

generalsn

July 29, 2010 - 1:01 pm EDT

Bar/club/restaurant? Make up your mind. These are all totally different kinds of businesses.

misty

July 29, 2010 - 12:27 pm EDT

I am a non-smoker but I dont agree with the smoking ban for bars and poolrooms. Those were the only places smokers could go and enjoy themselves. All I see is people losing jobs and businesses closing. I guess next they wont be able to smoke in their homes and cars. I agreed with ban in restaurants because of families with kids. But barss and poolrooms are adults only and as an adult you should have a choice of going into a smoke filled room. The government here is getting to be more communistic everyday.

Beadbaby

July 29, 2010 - 2:12 pm EDT

People should be able to harm themselves in any way they want. But I can even see a circumstance where smoking in one's own home or car should be banned: if there is a child present. To me, smoking in front of a child is child abuse.

And, by the way, that goes for both tobacco and marijuana. I think the government should allow marijuana sales the same way they allow tobacco sales--highly taxed. The legal age for marijuana should be 21, same as alcohol. Just my opinion. I've never smoked anything in my life.

roses1

July 30, 2010 - 4:48 am EDT

if smoking should be baned in home or car or restrurant than achochol should be banned to!!!!!!!!!!!!!! There are more people killed or hurt on the roads or more people hurt in a home by domestic beating ect from someone drinking. so smoking bothers you and drinking bothers me. So why don't we do both. Oh I forgot our military is fighting for our freedom that the goverment keeps taking away from us. We are going to soon turn into a communist country.

Panacea

July 29, 2010 - 10:16 pm EDT

Communism would imply that the government is running the pool halls. Not so.

Pool is for pool. Bars are for drinks. Both of these things can be enjoyed quite easily without smoking.

roses1

July 30, 2010 - 4:55 am EDT

Their are drinking in bars and restrurants and that offends me. People use to smoke in both. So If we can't smoke smoke then no one should be able to go to bars and restrurants and drink and drive.

pragmatist

July 29, 2010 - 12:47 pm EDT

"Those were the only places smokers could go and enjoy themselves."
Lol. Yes, the only way smokers can enjoy themselves is by being pool-playing drunks.
I hope that statement wasn't "communistic" or anything.

roses1

July 30, 2010 - 4:59 am EDT

Not everyone who plays pool drinks. So Everyone is not a drunk. You are missing the point. Our rights are being taking away from us. No one cares any more. What would you do if they told you you have to wear certain clother and eat only certain foods and could not go out after dark unless you work or go to the hospital. You are just not getting the point.

misty

July 30, 2010 - 10:57 am EDT

Most of the people that agree with the smoking ban for bars/poolrooms probably don't go to those places anyway. I just think it should be left up to the owner of the establishment to decide if he/she wants smoking. I am sure some will not want it...then everyone would have a choice.

GSOPat

July 29, 2010 - 12:48 pm EDT

I am relieved to learn that the ban was upheld in this case. I hope that other courts will do the same. I agree that smokers might be spending a little more time at home in the future. I doubt we'll see a lot of people lose their jobs and/or business closings. Other states that enacted smoking bans long before we did haven't had that fear realized so I hope we won't either.

debbie7

July 29, 2010 - 1:22 pm EDT

Attitudes like yours is what the fuss is all about. People like you only see smoking rights from a view point of jobs, health, and what "other" states are doing. Or in your case, probably the fact that it doesn't hamper your life in any way, so let the Feds do as they please.This is a citizens rights issue. Maybe one day soon the Feds will pick something that will effect your rights as a citizen and the smokers can sit back and watch, laugh and just not give a hoot. Perhaps they will tax an overweight person an extra 10% per year for just being overweight and apply that tax revenue to healthcare reform.

Beadbaby

July 29, 2010 - 2:14 pm EDT

Your rights as a citizen smoker end at my nose. If you want to dip snuff or chew tobacco in public, be my guest. It's nasty but doesn't hurt me. But I have a right to not breathe your poisonous smoke.

GSOPat

July 29, 2010 - 2:35 pm EDT

If by "people like me" you are referring to indiviudals who are allergic to cigarette smoke and have spent the better part of their lives avoiding certain restaurants, bars and clubs you would be absolutely right. I am assuming that would qualify under the statement of "affecting my life." Also, the "Feds" had absolutely nothing to do with North Carolina enacting a ban on smoking -- that was done at the state level so what that has to do with any of this I can't imagine. Ironically I agree with you that the federal government has no authority in this situation but I do think that state and city governments are well within their right to pass such a ban if the majority in that district support it. Personally I have no problem with what anybody puts in or does with their body -- my problem stems from having to smoke along with a smoker. If somebody is eating a big mac I don't have to eat one also. Your "rights" has you refer to them stop when they begin to infringe on mine. You have rights as a smoker but I have none as a non-smoker?

chloetd

July 29, 2010 - 2:29 pm EDT

I am in total agreement with the smoking ban on restaraunts. I am not a smoker but I do NOT agree with the no smoking ban on bars and poolrooms. These establishments are not conducive with Family activities and should be allowed to have smoking if they wish. It should be the patrons' decision whether or not they want to enter this type environment and should not be discriminated against.
By the way, why should a "non profit" club be treated any differently? MMmmm! Government at its best????

roses1

July 30, 2010 - 4:42 am EDT

I am against the smoking ban. I smoke But I don't kill people when I leave from somewhere that sells beer wine, ect. People that drink kill more people by drinking and driving than people smoking. So if their is to be a ban on smoking than it should be a ban on selling beer, wine ect. That bothers me like smoking bothers other people.

BuRo

July 29, 2010 - 2:43 pm EDT

'non-profit' in North Carolina means a certified organization ( NC 501 (c) (3) ID#) , be it a charity,a social club,private school ,religious,etc,not someone who claims not to be making money. The billiard hall would NOT even be there if they weren't trying to make a profit,duh

chloetd

July 29, 2010 - 4:29 pm EDT

Again, why is a non profit treated differently when it comes to non smoking ban? Sarcastic comment not needed.

Panacea

July 29, 2010 - 10:19 pm EDT

Because the Legislature didn't want to tell veterans they couldn't smoke at the American Legion or VFW post.

DaveW

July 29, 2010 - 11:08 pm EDT

I am pleased. I do not play pool but I am glad if I should ever take up the game I can play it without coming home smelling like smoke.Wonder what dcolin's take is on this? I haven't seen him on here in quite a while. Panacea, I see you but much less than I used to see you.Oh well, whatever. If you 2 need to find me call me at 336-NO SMOKE! I will be enjoying my time to breathe without extra CO.

BuRo

July 30, 2010 - 8:49 am EDT

Non-profits are excluded from this because that's how the law was written,period............

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