Group Files Federal Lawsuit To Stop Bullitt County's Smoking Ban.

Federal lawsuit filed to stop Bullitt smoking ban
Written by Sara Cunningham


Bullitt County’s smoking ban isn’t scheduled to go into effect until September but it’s already facing another legal challenge.

Attorneys for the group Bullitt County Choice and several businesses that are against the measure filed a federal lawsuit Wednesday in U.S. District Court in Louisville, naming the Bullitt County Board of Health as the defendent.

The board of health passed a countywide smoking ban in March that will require bars, restaurants and all other public places, including some outdoor areas, to be smoke-free.

City and county leaders filed a lawsuit against the measure in Bullitt Circuit Court days before it was actually passed. A hearing on that lawsuit is scheduled for August.

Among the claims in the federal lawsuit is that the board of health doesn’t have the authority to authorize the ban.

Steven Megerle, an attorney who represents Bullitt County Choice, said, “Congress preempted the regulation of smoking in 2009 under the Tobacco Act,” and it gave authority to the federal Food and Drug Administration.

”We’re challenging the authority of the local board of health,” he said. Margaret Miller, attorney for the board of health, said it had the power to enact the smoking ban.

“I haven’t seen the lawsuit,” she said. “But it’s clear under Kentucky statutes that the Board of Health has the authority.”