TOBACCO CONTROL LAWS

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

The Bullitt County Board of Health enacted a regulation for the county prohibiting tobacco smoking in all enclosed public places, in enclosed places of employment, in certain outdoor public places, and in private clubs within the county. The Fiscal Court and eight cities within the county filed a petition against the Board, arguing that the Board usurped its authority. A trial court held the regulation invalid, but the Court of Appeals reversed.

In this decision, the state Supreme Court found the Board exceeded its statutory authority when adopting the smoking prohibition.  

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Bullitt Fiscal Court, et. al. v. Bullitt County Board of Health, NO. 2013-SC-000023-DG (2014).

  • United States
  • Jun 19, 2014
  • Supreme Court of Kentucky
View Case History

Parties

Plaintiff

  • Bullitt Fiscal Court
  • City of Fox Chase
  • City of Hebron Estates
  • City of Hunters Hollow
  • City of Lebanon
  • City of Mount Washington
  • City of Shepherdsville

Defendant Bullitt County Board of Health

Legislation Cited

KRS 212.230

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.

Type of Tobacco Product

None

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