Cigarette Rule Up In Smoke
Ninth District Judge Tim Day has ruled that Teton County’s Smokefree Air Rule of 2009 is void and unenforceable. The rule would have prohibited smoking from areas including sports arenas (except in designated areas away from the general public), chair lift lines, outdoor restaurant patios and decks, public transportation terminals, or outdoor service lines. There rule also required 20 ft. buffer zone prohibiting smoking around all doors, windows, ventilation systems and outdoor seating areas. In his decision, Judge Day said he ruled against the ordinance on two grounds: first, that the county’s District Board of Health exceeded its rulemaking authority by enacting the ordinance without clear direction from the state legislature; and second, made their decision in an area that is to be regulated by the State Department of Health. With Day’s ruling, the Smoke Free Air Rule no longer stands in Teton County.
