Tobacco.org

• BARS v. CITY OF AUSTIN  

Plaintiffs are owners of stand-alone bars in Austin, Texas. They filed this action against the City of Austin seeking a declaratory judgment and injunctive relief relating to the enforcement of Austin’s ordinance prohibiting smoking in enclosed public places, including bars, restaurants, and workplaces. The district court declared the “necessary steps” provision of the ordinance unconstitutionally vague on its face and permanently enjoined the City of Austin from enforcing it. The City of Austin appeals the district court’s judgment and injunction, arguing that: (1) the case is nonjusticiable because plaintiffs lack standing and their claims are not ripe; (2) the “necessary steps” provision is not unconstitutionally vague; and (3) the district court abused its discretion in permanently enjoining the enforcement of the “necessary steps” provision. Some plaintiffs have also appealed the district court’s denial of their motion for attorneys’ fees. Plaintiffs’ appeal has been consolidated with the City of Austin’s appeal.

We REVERSE that portion of the district court’s judgment declaring the “necessary steps” provision of the ordinance unconstitutionally vague, VACATE the provision of the permanent injunction enjoining enforcement of said provision, and otherwise AFFIRM the judgment. We also AFFIRM the district court’s denial of attorneys’ fees.

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