Law prohibits smoking ban

Publication Date: 2008-06-19

• Author:Knight Chamberlain
• Publication:Lumberton Robesonian

The City Council was told Wednesday that state law prohibits the city from abolishing smoking sections from Lumberton restaurants, effectively quashing a local doctor’s campaign to do so.

Sydney Short, a medical doctor at Southeastern Regional Medical Center, presented a petition at a City Council meeting earlier this month asking the eight-man council to adopt a citywide ordinance banning smoke from restaurants. The matter was referred to Wednesday’s Council Policy Committee meeting, during which City Attorney Rob Price informed committee members.

"North Carolina general statutes prohibit local governments from restricting smoking in restaurants," Price said. “Local governments may only restrict smoking in buildings which they own or occupy as a tenant.

"Further, the School of Government advises that local legislation to allow restrictions would be unconstitutional, because it related to a matter of health," he said.

The council accepted Price’s report without comment.