County: Toss smoke suit 

The Teton Health District filed a motion Thursday to dismiss a lawsuit challenging its Smokefree Air Rule.

Flat Creek Development, which owns the Virginian Saloon, and three nonprofit organizations did not make an adequate argument that the district doesn't have the authority to ban smoking in public places, the motion alleges.

"We filed the motion to dismiss because we don't think it rises to the level of actual suit," said Keith Gingery, attorney for Teton County and the health district.

The Teton District Board of Health voted in March to enact a smoking ban, which went into effect May 23, for all public places, including bars, restaurants and places of employment. Tobacco Row was given an exception to the rule.

Flat Creek Development teamed with the Wyoming Contractors Association, Wyoming Trucking Association and the State Liquor Association to file a lawsuit challenging the validity of the ban the day before it went into effect.

The lawsuit has not affected the status of the ban.

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