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Ruling Expected on Greenville Smoking Ban
Judge Rules Smoking Ban Invalid, Unenforceable
Thursday, Mar 08, 2007 - 05:45 PM


Smoking Ban Ruling From Judge Few (PDF)

If you head out to downtown Greenville you can once again light up and smoke in your favorite bar or restaurant.  A judge ruled the smoking ban was illegal and not enforceable.
 
The city of Greenville passed the ordinance late last year and smoking in all public places including bars and restaurants was outlawed.

 
In court Judge John Few said he studied this and worked on it until he was "blue in the face," but when he released his ruling Thursday afternoon it's in favor of private businesses.


Attorneys for the city and restaurants had their final say this afternoon before the ruling.  They all agree this is a complex matter, that's why the judge says it has taken him two months to make a ruling.  In short, state law does not prohibit smoking in private businesses so cities cannot override that.

     
In the meantime, bars are breaking out the ashtrays again.  Owners left court without saying a word but their attorney says this is a victory for the people of our area.  But, the city of Greenville says not so fast.  Court rulings are interpretations of law by the judge.

    
The city is planning to appeal.  A similar case was appealed in the Charleston area and is waiting on a Supreme Court decision that would likely affect the entire state.


You've probably seen all the signs around Greenville promoting its Breathe Easy campaign.  We did a little digging to find out how much money they spent promoting a smoke free city.  The city manager says they spent just over $10,000.

 

Reader Reaction:
 
Posted 2007.03.09 13:49:16 by rmh
Judge Few's ruling was the letter of the law. The Clean Indoor Act states plainly that 'the use of tobacco on private property sshall not be restricted.' This act covers public businesses. So the ban was illegal on the face of this Act. As for whining that you can't eat without smoke all around you.......That is ridiculous! There are places all over the city, county and state where no smoking is allowed. Many have been no smoking for years because the owners decided.
 
Posted 2007.03.09 12:37:28 by Bensbugx3
I will return to Greenville to patronize the businesses there now that smoking is once again allowed. I have not been to any businesses there since this ban was inacted. People are becoming less and less tolerate of others. They should learn to live and let live. A doctor office had a sign, "No perfume or deorderant please." Can you imagine the smell? Others need to stop worrying so much...Baby Boomers are booming right along.
 
Posted 2007.03.09 12:18:45 by Truth
Smoking is disgusting!!!!!
 
Posted 2007.03.09 12:18:38 by non-smoker
I do not think that the city should be allowed to tell business owners whether or not their patrons are allowed to smoke. I am an avid supporter of the American Cancer Society and do not believe anyone should smoke due to health concerns for themselves and others around them. Most smokers are aware the habit is unwelcome and are very considerate of those around them. I think a better solution would be to have the smoking sections more effectively separated from the non-smoking.
 
Posted 2007.03.09 12:18:01 by tater
NO FOR SMOKING IN PUBLIC PLACES,THEY SHOULD GO TO THE MUSC IN CHARLESTON AND LOOK AT THE PEOPLE IN THIER,JUST FROM CIGARETTE SMOKING i HAVE BEN THIER,AND AM A PATIENT THIER, WHAT IT DOES TO THE HEART AND LUNGS T.P.
 
Posted 2007.03.09 12:14:16 by lINDA WESTBROOK
Being an ex smoker I still believe in people having their right to do what they choose. Should people not like it - then they should leave. Most eating places have a non smoking area anyway. Our rights are being taken away slowly one thing at a time. Should this be allowed you can just add this to the many other things that have already been taken away from us and will continue it we do not stand up for what we believe. Everyone has their own opinion.
 
Posted 2007.03.09 12:07:56 by kathy tucker
I'm so glad they deemed it unenforcable. A smoking ban should be up to the individual businesses not the state!! What we need to be concerned about is the excessive drinking - I was hit by a drunk driver 30+ years ago and I still haven't gotten over it, emotionally and physically. I often think about it; or an article will remind me of it.
 
Posted 2007.03.09 12:05:04 by Northstar96sc
Bravo ! Finally a Judge who understands personal prefrences and freedoms! Way to Go!
 
Posted 2007.03.09 11:59:56 by Pathologist
Judge Few's decision is foolish and founded in a poor understanding of the implications of second-hand smoke exposure. What should be illegal is exposing non-smokers to second-hand smoke ! As one who sees the effects of tobacco smoking on the body, I'll expect to see the lungs of these downtown smokers (and unfortunately some of the non-smokers exposed to it) come across my desk with a cancer diagnosis in years to come! Wake up people - stop smoking !
 
Posted 2007.03.09 09:02:24 by John
If Second-Hand smoke from cigarettes was so toxic, then why aren't all the Americans who lived in the 1940's, 50's and 60's dead from cancer? Empirical observation blows the Second-Hand smoke danger out of the water. Smoke cigarettes and you're going to die. Don't smoke cigarettes and you're still going to die. Idealists applaud California's and New York's smoking ban; well, pack up your SUV and go live there.
 
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