City attorney pushes to end smoking ordinance lawsuit
Posted on Saturday, June 30, 2007
Fayetteville City Attorney Kit Williams on Friday filed a motion for summary judgment that seeks to end the lawsuit by four business owners who are challenging the city’s smoking ban.
A motion for summary judgment basically asks the judge to find in one party’s favor without any argument over the facts in the case. The case, such motions assert, can decided on the basis of applicable law and does not depend on a judicial determination of facts in dispute.
The suit was filed by attorney W. H. Taylor on behalf of Tony Catroppa, owner of Platinum Cabaret, Wild On and Tony’s Bar and Grill; Mark Wright, owner of On the Mark; Rick Schweik, owner of Cool Water Cafe; and Jerry Stiles, owner of Art’s Place.
At issue is the fact that the city changed the enforcement policy after the group had spent money to comply. The Fayetteville Police Department was given the responsibility of deciding how to interpret the word “ incidental” as it relates to the sale of food.
The Fayetteville law allows smoking in places where the sale of food is incidental to the sale of alcohol, which initially meant a sales ratio of 70 percent alcohol to 30 percent food. The police changed the policy after elected officials expressed displeasure with the formula, about two years after the ban was enacted.
Whereas the Fayetteville law, as it is now interpreted, would only allow smoking in places where no prepared food was served, the state’s law, which went into effect last August, focuses on age. The law simply prohibits smoking in establishments that allow anyone younger than 21 to enter the property.
FEEDBACK:
Something to say about this topic? Submit a Letter to the Editor online
