Judge: Smoking ban does not violate constitution

Publication Date: 2010-07-29

• Author:Mark Binker
• Publication:Greensboro News & Record

Judge Jan Samet has ruled that the state’s smoking ban does not violate the constitution, according to lawyers in the case.

A written order has not been issued yet, but lawyers for Guilford County and Gate City Billiards both confirmed the decision Thursday morning.

"We will appeal to the Court of Appeals," said Seth Cohen, a lawyer for Gate City Billiards.

A statewide ban on smoking in bars and restaurants went into effect Jan. 2. Gate City Billiards was cited for violating that ban. The pool hall contended that it was a private club and should be exempted from the law. The Guilford County Board of Health rejected that argument, saying only not-for-profit private clubs were exempt.