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Excerpts from Montgomery County Council sued over smoking ban

Associated Press [05/20/99]

Restaurateurs are suing Montgomery County in an attempt to prevent a smoking ban in restaurants, bars and public catering halls from taking effect.

Two hundred plaintiffs are named in the class action lawsuit filed in Montgomery Circuit Court on Wednesday. They include 46 restaurant operators, about 50 of their employees, and 119 customers.

The National Smokers Alliance is paying for the lawsuit, which names the county and the Montgomery County Council as defendants. The alliance, backed by the tobacco industry, supported a similar, successful lawsuit in Niagara County, N.Y.

The lawsuit contends that the county council overstepped its authority by enacting a ban stricter than the state's, which exempts restaurants and bars if separately ventilated areas are provided.

The suit also contends the council circumvented the legislative process by approving the ban as a local regulation, thus avoiding an expected veto by County Executive Doug Duncan.

Finally, the lawsuit alleges the county failed to provide equal protection to business operators because it exempts private entities such as country clubs.

The lawsuit seeks to overturn the ban and recoup legal fees.

Restaurant owners say the smoking ban could cost them millions and stifle economic development.

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