PITTSBURGH -- A state appeals court on Tuesday reinstated a temporary injunction to allow smoking to continue at bars and restaurants in Allegheny County.

---

Message Board: Share Your Comments
Vote: Good Decision By Judge?

---

Judge James Gardner Collins ordered county Health Department officials not to enforce a smoking ban at two downtown Pittsburgh businesses -- Smithfield Cafe and Mitchell's Restaurant -- and "other similar establishments."

The injunction will remain in effect while the county's ban on smoking in public workplaces is appealed.

"I was on the phone when he told me and they seen me pump my arms," said Mitchell's owner Jim Mitchell. "I said, 'The Commonwealth Court joined the injunction, and we're back in action.'"

One day earlier, county Judge Michael Della Vecchia denied a request to extend the injunction, which had protected bars and restaurants from the ban until April 30.

In a lawsuit that prompted the injunction, Smithfield Cafe and Mitchell's argued that the County Council doesn't have the authority to impose a local smoking ban.

The lawsuit is being funded by tobacco giant R.J. Reynolds.

"It's disappointing to us, but it's part of the process," said Guillermo Cole of the Allegheny County Health Department. "It's not over. We'll wait for the court's decision on the merits of the appeal -- which, who knows what?"

---

Related Links:
More County News

Get RSS | E-Mail Alerts

---