Phila. smoking ban excluded from court ruling
Lawyer Blogs
[##_1L|1377797576.jpg|width="130" height="130" alt=""|_##]A court ruling that struck down a smoking ban in Allegheny County does not affect Philadelphia's anti-smoking ordinance. The Commonwealth Court decision this week dealt with whether municipalities have a legal right to limit smoking in restaurants, workplaces or other indoor areas, and concluded that the state Legislature assumed jurisdiction over smoking when it enacted the Commonwealth Clean Indoor Act in 1988. A section of that law said its provisions would supercede local regulations, but the law specifically exempted Philadelphia, allowing the City Council to regulate smoking inside city limits.
"I'm confident that the Commonwealth Court decision does not affect the authority of the city of Philadelphia to enact a smoking ban," City Solicitor Romulo L. Diaz Jr. said.
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