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In a triumph of legal reasoning over prickly partisanship, U.S. District Judge Janice Graham Jack dealt ban's foes a major setback Jump to full article: Corpus Christi (TX) Caller-Times, 2005-02-05
Intro: Federal Judge Janice Graham Jack got it right in removing the immediate holdup on the city's smoking ban while giving the opponents of the ordinance that will prohibit smoking in city restaurants the opportunity to make their case later.
The plaintiffs in the case will have to make a more compelling case than they have presented so far. Jack wasn't impressed. The judge, in her order lifting the temporary injunction, noted that other cities have passed similar bans and the legality of all those bans has held up.
But the restaurants will have their day in court to build on their argument that their businesses will be harmed by the ordinance that prohibits all tobacco smoking in any city restaurant. In the meantime, the ordinance will go into effect on Monday as the City Council has ordered and as good public health demands.
. . .
Let the opponents have their day before the judge. On Monday, though, the citizens of Corpus Christi will have their opportunity to dine in any city restaurant in a smoke-free atmosphere.
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