Bullitt County Board of Health v. Bullitt County Fiscal Court, et al.

This appeal comes from various municipalities that challenged a Bullitt County Board of Health’s regulation banning smoking in “public places, places of employment, private clubs and other outdoor venues” within the county.  The cities were initially successful, when the trial court found the regulation invalid.  In this opinion, the appellate court reverses that decision and finds the smoke-free regulation a valid exercise of the Board of Health’s authority.  The court relied heavily on a Kentucky Supreme Court decision that found similar smoke-free ordinances passed by a different county to be within the county’s powers and thus valid.  A dissenting opinion in this appeal argued that the Board of Health did not cite any local studies as to the health effects of second-hand smoke in the county and that the Board exceeded its powers.

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Bullitt County Board of Health v. Bullitt County Fiscal Court, Bullitt County Kentucky et. al. NO. 2011-CA-001798-MR (2012)

  • United States
  • Dec 7, 2012
  • Commonwealth of Kentucky, Court of Appeals

Parties

Plaintiff Bullitt County Board of Health

Defendant Bullitt County Fiscal Court, Bullitt County Kentucky et. al.

Legislation Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None