Federal Judge Upholds Austin Smoking Ban

“A federal judge today upheld Austin’s voter approved ban on smoking in most bars and restaurants but placed some restrictions on how it can be enforced.

“U.S. District Judge Sam Sparks reduced the fines levied against business owners who don’t comply from $2,000 to $500 and told the city it can’t revoke licenses or permits without providing some sort of judicial review.

“Approved in May, the ban prohibits smoking in most public places, including bars and restaurants, with a few exceptions. A group of bar owners sued shortly after it took effect Sept. 1, arguing it was unfairly vague and violated their constitutional rights. They asked Sparks to put a temporary stop to the ban until their case could go to trial. Several testified that their businesses were losing money.

“But Sparks’ written order said that stalling the ban could cause confusion among business owners, and that the “public has a substantial interest in the enforcement of ordinances that protect the public health.”

“Sparks’ ruling also said the businesses had proved they were in imminent danger of being forced to close.

“It is difficult for this Court to conclude that any loss of revenue was directly correlated to the smoking ban or would be lasting and long-term,” he said.”

Posted on Tuesday, October 18th, 2005 at 6:52 pm.