Foes to the state smoking ban vow to continue the fight to reverse or curtail the law despite losing a court ruling Friday. The state appeals court shot down a former Warren bar owner’s legal challenge to the state smoking ban due to the bar closing. The ruling did not address the merits of the appeal’s claim that the law is unconstitutional.
“This argument about the smoking ban in terms of its terrible impact on blue-collar bars is not over,” said attorney Ted Andris. “There will be additional litigation and other possibilities that we may do.” Andris represented Boyd Cottrell in his appeal of a Macomb County judge’s ruling that backed the ban, the “smoke free air law” that prohibits smoking in public places, including bars, restaurants and businesses.
It was passed to protect people from secondhand smoke. Andris said he expects to appeal Friday’s decision to the state Supreme Court and/or file a federal lawsuit. He said he is unsure whether Cottrell will be involved. Other bar owners are interested in pursuing legal action, he said. “There are many mom and pop businesses being tremendously damaged or put out of business completely,” Andris said. Also interested are representatives from nonprofit organizations such as veterans groups that can’t allow smoking in clubhouses, he said.
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