Brooke, WV lawsuit claims smoking ban exceeds Health Department powers

Publication Date: 2017-01-09

• Author:LINDA HARRIS
• Publication:The State Journal

...County clean air regulations banning smoking in public places--including clubs and Limited Video Lottery outlets--took effect in July 2015 in Hancock and Brooke counties, despite objections by operators who predicted the change would drive them out of business.

Three operators--North End Cafe in Follansbee and Elm Room Inc., doing business as Stars & Stripes II in Weirton, along with Wheeling Coin--recently filed suit against Brooke County Commission and Brooke County Health Department to overturn that county's ban...

While other lawsuits have been filed in failed bids to overturn smoking ban, this is the first time plaintiffs have argued a health department usurped powers reserved by law for the West Virginia Lottery Commission by enacting a smoking ban in LVL...