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Issue Date: Vol. 52, No. 11, November 2012, Posted On: 10/10/2012

Michigan Appeals Court Dismisses Constitutional Challenge To Smoking Ban

Marcus Webb
TAGS: tavern jukebox, coin-op machine, Michigan smoking ban, Michigan Court of Appeals, smoking ban lawsuit, Boyd Cottrell, Sporty O'Toole's, smoking ban unconstitutional, Constitutional Challenge To Smoking Ban, Macomb County Health Department, Theodore S. Andris

LANSING, MI -- The state Court of Appeals dismissed a lawsuit filed against Michigan's 2010 statewide smoking ban by a tavern owner.

The suit by Boyd Cottrell, who owns Sporty O'Toole's (Warren), had charged that the state's smoking ban is unconstitutional. The court's three-judge panel did not address this question. Rather, in a one-page memorandum, the court said the plaintiff's standing in the case had vanished because Sporty O'Toole's has gone out of business and Cottrell has not re-entered the tavern market.

Michigan's statewide smoking ban was approved by lawmakers in 2009 and took effect in May 2010.

According to local news sources, that year the Macomb County Health Department twice cited and fined Sporty O'Toole's for failing to enforce the ban. Cottrelle paid the first fine but refused the pay the second and filed his lawsuit instead. | SEE STORY

Cottrell's attorney, Theodore S. Andris, said he will continue to pursue the matter, but had not yet decided what avenues to take next.

The dismissal of Cottrelle's case comes approximately two weeks after the Michigan Dept. of Community Health released a study claiming that smoking bans have not significantly harmed bars in the state -- despite frequent reports to the contrary by operators and tavern owners. | SEE STORY

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