State Status
No Preemption
Action Alert
State ruling could undo metro smoking ban votes (ND--8/12/04)
Publication Date: 2004-08-12
State ruling could undo metro smoking ban votesFargo (ND) In-Forum, 2004-08-11
Mary Jo Almquist, The Forum
Even though the public will get to vote on a possible Fargo and West Fargo smoking ban this November, it may not have the final say on the issue.
Whether or not Fargo, West Fargo and other cities across North Dakota can set their own smoke-free ordinances could be decided by one person: the state labor commissioner.
In an opinion issued Tuesday, North Dakota Attorney General Wayne Stenehjem gave the ultimate smoking ban power to the labor commissioner, saying smoking regulations coming out of that person's office would trump an ordinance adopted at the city level.