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Jump to full article: Jackson Hole (WY) News & Guide, 2009-05-23
Author: Amanda H. Miller, Jackson Hole, Wyo
Intro: The owners of The Virginian Saloon and three nonprofit groups filed a lawsuit Friday opposing the Teton Health District's Smokefree Air Rule, which is set to go into effect Saturday.
The lawsuit asks 9th District Court Judge Nancy Guthrie to "declare that the 2009 Air Rule is void and unenforceable."
The Teton County board of health approved the rule, which prohibits smoking in all public places including bars, restaurants and places of employment, in late March following a mandatory public comment period. . . .
Flat Creek Development Co., which owns the Virginian, Wyoming Contractor's Association, Wyoming Trucking Association and the Wyoming State Liquor Association argue the health department doesn't have the authority to enact or enforce the smoke-free air rule.
The agency is an appointed body that has only the powers bestowed upon it by elected officials, and elected officials have defeated legislation on the state and local level in recent years, the lawsuit states.
The complainants argue the rule is unlawful because Wyoming law "prohibits the delegation of municipal functions, other than those which are purely administrative, to officials not subject to the control of the people."
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