Jefferson County Attorney to Argue City's Case in Smoking Ban Appeal

by scrosby on December 15, 2008

The Jefferson County Attorney’s office will deliver oral arguments later this week in a Court of Appeals case dealing with one of Louisville’s previous smoking bans.

That ban contained an exemption for Churchill Downs – that part was deemed unconstitutional. Judge Stephen Ryan later ruled the entire ordinance was illegal because he said the Metro Council only passed the ban because it had the exemption.

Jefferson County Attorney Mike O’Connell says the smoking ban isn’t the issue, but establishing the legislative power of the Metro Council is.

“What we’re trying to do is preserve the legislative prerogative of the council and the policies behind what they do as far as regulating certain things even though a small part of an ordinance may be declared illegal,” says O’Connell.

O’Connell hopes the three-judge-panel will issue an opinion within ninety days.

The hearing is set for Wednesday in Shepherdsville.

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