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NEW INFO: Cabell County Smoking Ban Effective Immediately; Injunction Lifted

By: WSAZ News Staff Email
By: WSAZ News Staff Email

UPDATE: 6pm Friday 3/5
HUNTINGTON, W.Va. (WSAZ) -- The smoking ban in Cabell County went into effect Thursday but will not be enforced until Monday. Meanwhile, some people are still lighting up in public places.

Cabell County Circuit Judge Jane Hustead still has to void the injunction, which we're told will happen Monday.

Despite the smoking ban not being enforced yet, some business owners said it's already hurting their business.

"We only have two customers," Cricket Hudson said Friday. "This time of the day, we have 10 or 12 in here. Nobody is playing the poker machines."

She says news of the smoking ban has forced a lot of her patrons to go elsewhere.

Bar owners could allow patrons to light up this weekend since the regulation can't be enforced until Hustead voids the injunction.

But Stanley Mills with the Cabell-Huntington Health Department says he would recommend bars just go ahead and get customers used to what will be in full force come Monday.

"It gives them a chance to work the bugs out," he said.

Mills says most bars have been notified and given proper signage to put up. He added that -- based on smoking bans in other parts of the country -- smoking bans tend to adversely affect business but most customers eventually return.



UPDATE: Thursday 6pm 3/4
HUNTINGTON, W.Va. (WSAZ) -- Cabell County Circuit Judge Jane Hustead has ruled that the extended smoking ban that affects bars and video lottery parlors in the county will go into effect immediately.

Thursday's ruling only takes away the temporary injunction that had allowed bars and video lottery parlors to allow smoking until a judge could rule on the economic effect. Bar owners and operators had argued that the ban will cause economic damage to their business, and could even cause them to close.

The case now moves forward, and we're told some bar owners and operators will continue their fight against the ban. Lawyers on both sides say a declaratory judgment that will make the final ruling won't likely happen for another 12 to 16 months.



UPDATE: Thursday 3pm 3/4
HUNTINGTON, W.Va. (WSAZ) -- A hearing on the injuction is underway in a packed Cabell County Circuit Courtroom.

Keep clicking on WSAZ.com for updated information.



UPDATE: 3pm Friday
HUNTINGTON, W.Va. (WSAZ) -- A Cabell County judge has put Cabell County's expanded smoking ban temporally on hold.

The expanded ban was to take effect on Monday, but Judge Jane Hustead issued a temporary injunction Friday afternoon that puts the ban on hold until at least Thursday.

The injunction is to allow the Cabell County Board of Health time to prepare their case.

Keep clicking on WSAZ.com for updated information.



ORIGINAL STORY
HUNTINGTON, W.Va. (WSAZ) -- Cabell County’s expanded indoor smoking ban is scheduled to take effect Monday, but a court hearing Friday afternoon may change that.

The owner of Gary’s Place, along with the Cabell County Club & Bar Owners Association filed a lawsuit Thursday to prevent the ban that would include bars and video lottery parlors from taking effect.

A Cabell County Judge has scheduled a 2:30 hearing Friday to consider a temporary injunction.

The suit asks the court to “declare null, void and unenforceable the Cabell County Clean Indoor Regulation of 2010.”

Those filing the suit claim the Cabell-Huntington Board of Health has exceeded its authority by enacting a regulation that is unreasonable. They also claim the “2010 Act invades the constitutional right of citizens by denying the plaintiff the economically viable use of his/her land.”

The Board of Health approved the expanded regulations at their January meeting.

Keep clicking on WSAZ.com for updated information.


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