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ALFORD v. CITY OF NEWPORT NEWS

Record No. 790322.

260 S.E.2d 241 (1979)

Phyllis L. ALFORD v. CITY OF NEWPORT NEWS.

Supreme Court of Virginia.

November 21, 1979.

Attorney(s) appearing for the Case

Charles Morgan, Jr., Washington, D. C. (Edward Ashworth, Washington, D. C., Frank J. Albetta, Jr., Washington, D. C., Panos A. Yeapanis, Wood & Yeapanis, Newport News, on brief), for appellant.

George J. Mercer, Asst. City Atty. (Robert V. Beale, City Atty., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

POFF, Justice.

Phyllis L. Alford was convicted of "failure to comply with no smoking ordinance" in violation of the Code of the City of Newport News, c. 33, art. IV, Ordinance No. 2446-78 (May 15, 1978). Fined $10 and costs, defendant appeals her conviction on the ground the ordinance is unconstitutional.

Defendant operates a restaurant consisting of a "main dining room" capable of seating 70 diners and another room that is not used "except for banquets"....

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