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COOKIE'S DINER, INC. v. COLUMBUS BD. OF HEALTH

No. M9406EVH-072319.

65 Ohio Misc.2d 65 (1994)

COOKIE'S DINER, INC. et al. v. COLUMBUS BOARD OF HEALTH et al.

Franklin County Municipal Court, Environmental Division.

Decided August 9, 1994.

Attorney(s) appearing for the Case

Theodore M. Grossman, Steven T. Catlett, Jeffrey S. Sutton and Colleen A. Deep, for plaintiffs.

Ronald J. O'Brien, City Attorney, and Thomas P. Behlen, Assistant City Attorney, for defendant Columbus Board of Health.

Michael Miller, Prosecuting Attorney, Jeffrey L. Glasgow and Bonnie L. Maxton, Assistant Prosecuting Attorneys, for Franklin County District Board of Health.

RICHARD C. PFEIFFER, Judge.

A. Overview

This matter is about whether the Columbus Board of Health ("the City Board") and the Franklin County District Board of Health ("the County Board") have the power to promulgate certain regulations relative to smoking in enclosed areas where the public is invited. This matter is not about whether those regulations are good public policy or bad public policy.

The...

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