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Just The Aunt
Supporter
Username: Auntof13
Post Number: 3571
Registered: 1-2004
| | Posted on Wednesday, January 11, 2006 - 6:31 pm: |     |
It's started already! Hopefully it will backfire and cases like this will help force the casinos to be smoke free as well...
Bowling group aims to stop smoking ban
Wednesday, January 11, 2006
BY TOM HESTER
Star-Ledger Staff
Hoping to block a ban on smoking in public places, an organization of bowling alley operators went to court yesterday claiming Gov. Richard Codey has no authority to sign it into law.
Why? Because, the lawsuit contends, Codey is not the governor.
The Bowling Proprietors of New Jersey are asking a Superior Court judge in Trenton to rule that Codey's term as governor ended yesterday when the 211th Legislature was replaced by the 212th. Until Gov.-elect Jon Corzine is sworn in next Tuesday, the lawsuit claims, Attorney General Peter Harvey is the acting governor.
Not so, said Harvey's office: Because Codey was re-elected Senate president yesterday, he remains governor until his elected replacement takes office.
But Thomas Martino, bowling association vice president and owner of Majestic Lanes in Woodbridge, thinks his group has a case. "I'm not in the habit of filing frivolous lawsuits," he said.
Codey plans to sign the smoking ban Sunday in West Orange. It would take effect 90 days later.
The 22,000-member New Jersey Restaurant Association announced yesterday it will also challenge the ban in court. It plans to file a lawsuit in federal court within 90 days, arguing the smoking ban is discriminatory because it covers most indoor public places but exempts cigar bars and the gambling areas of Atlantic City's 13 casinos.
http://www.nj.com/news/ledger/index.ssf?/base/news-0/113696047470580.xml&coll=1
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The Libertarian
Citizen
Username: Local_1_crew
Post Number: 1285
Registered: 3-2004
| | Posted on Wednesday, January 11, 2006 - 6:45 pm: | |
The 22,000-member New Jersey Restaurant Association announced yesterday it will also challenge the ban in court.
but you all said that the restaurant owners want the bill to pass!
it doesnt make sense...........unless.....hmm......unless you were making it up and confusing opinion with fact......hmmmm........nah! couldnt be so! |
Duncan
Supporter
Username: Duncanrogers
Post Number: 5538
Registered: 12-2001
| | Posted on Wednesday, January 11, 2006 - 7:06 pm: | |
As we saw with the Transit strike Libertarian, the lawsuit byt the NJRA may well be being brought by just a few. On whole, were you to poll all restauranteurs in NJ, my GUESS, is that there would be more support for the ban than support to overturn it.
But that is only my opinion |
The Libertarian
Citizen
Username: Local_1_crew
Post Number: 1287
Registered: 3-2004
| | Posted on Wednesday, January 11, 2006 - 7:07 pm: | |
and a lovely opinion it is. enjoy it. after a few more bills it will be all that you will be allowed to have. |
cmontyburns
Citizen
Username: Cmontyburns
Post Number: 1675
Registered: 12-2003
| | Posted on Wednesday, January 11, 2006 - 10:32 pm: | |
Yes. Once they take away your right to blow smoke into a stranger's face, the ability to post on a message board can't be far behind.
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Dave
Supporter
Username: Dave
Post Number: 8369
Registered: 4-1997
| | Posted on Wednesday, January 11, 2006 - 10:44 pm: | |
Prediction: legal challenge goes as it did in NY, but faster
Quote:JULY 23, 2003
NY Suit Filed
SEPTEMBER 26, 2003
4 brief stages were set that will last until at least December.
This will consist of motions by the city and state and our answer to those motions, then their response then our response again until which time the judge is satisfied and can render a decision on whether the case has merit or not and choose to proceed with the case or not. It's likely that it will be another two months after the final attorney's response in December before Judge Marrero makes the next move -- taking this phase of the suit to February.
NOVEMBER 21, 2003
State and city attorneys deliver first defense response.
JANUARY 20, 2004
NYC C.L.A.S.H. submits response to above.
JANUARY 30, 2004
Judge Marrero consolidates NYC C.L.A.S.H. suit with Player's Club suit (see 2003 news). Intends to hold off briefing Player's Club suit until our motion is decided.
FEBRUARY 16, 2004
State and city attorneys deliver second defense response.
MARCH 1, 2004
NYC C.L.A.S.H. submits response to above.
This is the last legal brief to be submitted by all parties.
Await Judge Marrero's ruling.
MARCH 26, 2004
Judge Marrero directs all parties to appear for a
hearing and oral argument on April 5th
APRIL 8, 2004
Judge Marrero denies NYC C.L.A.S.H. summary judgement.
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