State Supreme Court snuffs Pierce County smoking ban

OLYMPIA — The Washington State Supreme Court struck down Pierce County's smoking ban today.

The ban was the strictest in the state, covering bars, restaurants, bowling alleys, casinos, hotels, private clubs and most other nontribal businesses.

The Tacoma-Pierce County Board of Health imposed the ban in January of last year, but three weeks later it was overturned by Pierce County Superior Court Judge Ronald E. Culpepper, who said the agency lacked the authority to enact it.

The state Supreme Court agreed, saying the health board's smoking ban conflicted with the state law. The state's less restrictive Clean Indoor Air Act prohibits smoking in most public places, but exempts restaurants, bars, bowling alleys and casinos.

"The (health board's) resolution, by imposing a complete smoking ban, prohibits what is permitted by state law: the ability of certain business owners and lessees to designate smoking and nonsmoking locations in their establishments," Justice Charles Johnson wrote in the unanimous opinion.

"I'm so happy!" said Janis Johnson, owner of the Pegasus Restaurant in Tacoma, where smoking is permitted. She said she ran through the restaurant telling everyone "we won!" when she heard the news.

"This has been a long, hard-fought battle," said Johnson. "They did the right thing."

The smoking ban was challenged in court by the Entertainment Industry Coalition, representing businesses where smoking is allowed. The high court denied the coalition's request for attorneys' fees from the Tacoma-Pierce County Board of Health, because it said the health board's defense was rational and not frivolous.

Two bills in the Legislature this year would expand the state's clean air act. One would ban smoking anywhere minors are allowed, including restaurants but excluding bars; the other would mimic the Pierce County ban and prohibit smoking in all indoor public places statewide. Gov. Christine Gregoire said this week she will sign either one, though the less-restrictive ban stands a better chance of passing.

The Supreme Court case is Entertainment Industry Coalition v. Tacoma-Pierce Co. Bd. of Health, No. 75675-9.