Smoking Ban Case at Supreme Court

Supreme court hears smoking ban arguments
By Prentiss Findlay (Contact)
The Post and Courier
Originally published 12:04 p.m., June 25, 2008
Updated 05:02 p.m., June 25, 2008

An attorney for Bert’s Bar argued Wednesday before the state Supreme Court that the town of Sullivan’s Island does not have the authority to ban smoking in the workplace.

Bert’s Bar attorney Paul Dominick argued that the Occupational Safety and Health Administration, through the state Department of Labor, regulates the workplace smoking issue, said

Justice Donald Beatty questioned Dominick’s assertion.

“I don’t tend to agree that what you say is the case,” Beatty told Dominick. “So you’re saying we were wrong when we ruled on the Greenville issue?” Beatty said.

Justice James Moore noted there is no state or OSHA regulation that relates to smoking.

“What you’re wanting is for this court to be the first court to implement this as far as OSHA is concerned,” Moore said.

“If we were to agree with you, then we would have to overturn Foothills (the Greenville case),” Moore said.

Frances Cantwell, representing the town, said a Supreme Court ruling in March that upheld Greenville City Council’s smoking ban validates the Sullivan’s Island ordinance.

Cantwell said the town ordinance does not conflict with the state’s Clean Indoor Air Act and compared the town ordinance to Charleston’s 2 a.m. closing time for bars.

Cantwell said all the issues were decided when the court issued its ruling upholding the Greenville smoking ban.

“Sullivan’s Island does not punish any conduct that the state regulates,” Cantwell said.

The court will issue a written opinion but has not said when it will do so.

article from: http://charleston.net/news/2008/jun/25/supreme_court_hears_smoking_ban_arguments/