Jeremy Ian Smith and Kevin Long, attorneys for Dickie Todd, had a hearing Wednesday in Mc-Cracken Circuit Court. David Kelly represents the city.
Todd, who owns Side Pockets Billiards, also is fighting a citation in McCracken District Court accusing him of violating the ban by allowing patrons to smoke. Todd has said he feels entitled to operate his business as he sees fit and that patrons opposed to smoke can choose not to come to Side Pockets. During the hearing, the attorneys discussed a ruling issued Wednesday by a state court of appeals judge in Louisville, which denied a request for an injunction on that city’s smoking ban. Louisville business owners had asked the judge to overturn a previous ruling that allowed the ban to take effect. Hines said he would review that decision. Paducah’s case, he said, seems to turn on whether the city followed proper procedures in passing the ordinance. Smith argued that the smoking
ban restricts Todd’s property use and so should have gone through the planning commission, according to the city’s zoning code. Kelly said the ordinance was
designed to address public health concerns, not to serve as a zoning ordinance. He also said other city requirements, such as building codes, affect property use but are
not required to go through the planning commission. According to Todd, business
at Side Pockets has dropped by about 30 percent since the ban took effect April 1.
Granting the temporary restraining order, Smith said, would protect Todd from further
financial loss while the legality of the ban is considered. “When granted, every business
and bar owner still can decide if they want to stay smoke-free or not,” Smith said. “All we’ll be doing is returning the situation to the status quo Mr. Todd has seen
for the last 14 years.” Kelly retorted that the status quo actually would be to maintain
the smoking ban. He also argued that while Todd is entitled to sue for monetary damages, “he doesn’t have the right to come here ... and attempt to undo what has been politically achieved in this community.”
By Amy Burroughs
The Paducah Sun aburroughs@paducahsun.com
As published in the Paducah Sun on July 12, 2007 |
