Jump to full article: Galveston (TX) Daily News, 2009-10-10
Author: Laura Elder The Daily News
Intro: Citing a state law designed to shield businesses from government regulation, a group of bar and restaurant owners is challenging a sweeping city ban on tobacco smoking set to become law Jan. 1.
In a letter to the city's attorney, the Galveston Bar and Tavern Owners Association asked the city to conduct an assessment of how the ordinance would affect its member businesses.
Such an accounting, called a "Takings Impact Assessment," is required under the state's Private Real Property Rights Protection Act, the association argues.
The association wants to negotiate with the city to amend the ordinance, which will prohibit lighting up in bars, restaurants, private clubs and even tobacco shops.
Failing that, the association plans to take its complaint to the Texas attorney general, according to the letter.
But the group has a tough fight ahead trying to prove the ban denies its members economic use of their property, constitutional law experts and observers of legal battles sparked by smoking bans said.
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