Friday, January 4, 2008

State Supreme Court Lights Up Smoking Debate

Posted by Greg Hambrick on Fri, Jan 4, 2008 at 5:23 PM

The S.C. Supreme Court will be hearing arguments next week on Greenville's smoking ban.

The city's attorney will present an oral argument at 10:30 a.m. that the city should be smoke free in most public places, officials said.

The city's ordinance to ban smoking was overturned in March of 2006 by a circuit court judge. Judge John Few ruled that the ban was unenforceable, saying it violates the state Constitution by violating a "home rule" provision. He said a city cannot prohibit conduct that isn't unlawful under state laws governing the same subject.

Any action by the court may decide the fate of Charleston's smoking ban before we even make it to court.

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