City's appeal of smoking ordinance back in court

Publication Date: 2005-03-10

• Author:JOHN HARRINGTON
• Publication:Helena (MT) Independent Record

Attorneys for the City of Helena and the Montana Nugget Casino were back in district court Wednesday, resurrecting their arguments about whether the city's smoking ordinance is enforceable.

At issue is the question of whether people accused of a municipal infraction, such as violating the smoking ban, are entitled to a jury trial. City Court Judge Myron Pitch ruled that they were not in December 2003 prompting the city's appeal to district court.

That appeal was shelved when the 2003 Legislature exempted casinos from local smoking laws. When that exemption was tossed last December by the Supreme Court, the appeal heard Tuesday before District Court Judge Thomas Honzel was dusted off.