State smoking ban fails court test

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A Northwestern Illinois judge has dismissed charges against a Burbank man for smoking in a Bureau County bar, ruling that the state smoking ban as written cannot be enforced through the courts.
Bureau County Associate Judge Cornelius J, Hollerich's ruling Tuesday likely has limited impact, though if it is upheld by the Appellate Court, it could affect the ban statewide, said Peoria attorney Dan O'Day, who represented the ticketed smoker. The state has not yet set administrative rules for health and police departments to enforce the ban.
"The practical effect is that the statute couldn't be enforced right now because the courts aren't the proper forum." said O'Day.
The Bureau County state's attorney's office declined to comment on whether an appeal was planned.
This was printed online for the Chicago Tribune.
Now we have to see where this leads. ???

 

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Interesting!

The irony is that smoking bans are based on the ill effects of second hand smoke. It has never been proved that casual second hand smoke causes disease
and I doubt it ever will.

Perhaps us cigar smokers should get together and challenge the smoking bans, starting with those recently imposed in B&M's of all places.

I'll contribute to lawyers fees, get enough folks together and you will have sufficient to employ top lawyers.

Brian