No smoking! It's the rule for restaurants across West Virginia. but in Jackson County, one restaurant is bucking the system by allowing customers to light up.
Now, a battle's brewing in circuit court.
Some business owners are ignoring the smoking ban.
At the M & R Restaurant it's business as usual.
Owners Kathy and Dave Judge are taking a stand against the ban.
During a hearing Monday, the case was dismissed on a technicality.
A huge crowd of smoking supporters quickly claimed victory, but this fight is far from over.
The case against Kathy and her husband will be re-filed.
if the owners refuse to comply they could face thousands in fines and be forced to close.