A new ruling from the Pennsylvania Commonwealth Court has placed an injunction on the smoking ban in Allegheny County.
According to the ruling, the Clean Air Act passed by the Pennsylvania Legislature:
Section 10.1 also exempts restaurants seating less than 75 persons from having to maintain a non-smoking section, but leaves it within the restaurant’s discretion whether to maintain a non-smoking section.
It also required restaurants seating more than 75 persons to create non-smoking sections and follow the appropriate regulations.
Allegheny County has subsequently passed an ordinance to amend the “Health Dept. Regulations”:
Among these amendments was a prohibition of all smoking in any public place in Allegheny County.
The restaurants who brought the suit argued that the Allegheny County ordinance conflicted with the state law which allowed smoking in those restaurants, and the court ruled in their favor.
In other news, some idiots are apparently just now figuring out that when you ban indoor smoking, smokers go outside:
“In the past few years, we’ve effectively banned smoking in most public places in many parts of the country, and one unintended result are these ‘smoke zones’ in front of restaurants and bars,” noted study author L.P. Naeher, an assistant professor at the University of Georgia College of Public Health in Athens.
BRILLIANT!! Unitended? Seriously, how retarded do you have to be to not be able to see that coming? And of course, with these dirty smokers gathered in places outside the restautant or bar, they are polluting the air:
What we found is that the level of secondhand smoke in front of restaurants and bars was several times higher than the safety standards established by the EPA’s Clean Air Act.
Amazing. Now, you could have them inside with filtration and ventilation systems, but no, you kicked ’em to the curb, so what the next obvious step – banning all smoking regardless of whether it occurs indoor or outdoor. The only place it might be safe to smoke is in your home, and that’s only if you don’t have kids, because trust me, if it’s for the children, you won’t be able to smoke there either.