LEXINGTON, KY. (Sept. 11, 2003) - The Lexington Fayette County Food & Beverage Association filed a lawsuit today against the Lexington-Fayette Urban County Government and the Lexington-Fayette County Health Department asking the Fayette County Circuit Court to overturn a recently passed ordinance that would ban smoking in nearly all public places.
In addition, the organization filed a motion seeking a temporary injunction to prevent the city and county from enforcing the ordinance until the courts have ultimately ruled on the issue. The ordinance is scheduled to go into effect on Sept. 29.
"From Day 1 of this debate, my clients have stated both privately and publicly that they felt very strongly that neither the Lexington-Fayette Urban County Council nor the Lexington-Fayette County Health Department had the authority under state law to pass or enforce this type of legislation limiting the use of tobacco products," said attorney John Walters, who represents the Lexington Fayette County Food and Beverage Association. "It has been and it continues to be our legal opinion that the state legislature - though the passage of statutes and regulations - is the only governing body that can legally address this issue.
"We have asked the court to temporarily prevent the enforcement of this ordinance until the judicial process is exhausted because of the extreme economic hardship it could and would cause many people, including members of the Association.
"We look forward to presenting our case in the upcoming judicial process."
For more information, please contact attorney John Walters at (859) 219-9090.