Casinos lose bid to block smoking ban

Wednesday, Oct. 2, 2002 | 11:10 a.m.

HELENA, Mont. -- The city's anti-smoking ordinance will remain in effect while a lawsuit against the city plays out, District Judge Jeffrey Sherlock said Monday.

Several casinos and other groups wanted an injunction, contending the rule hurt their business. The ordinance was passed by voters on June 4, and bans smoking in all public buildings.

In his decision, Sherlock said the injunction isn't necessary, since casino owners could win damages from the city if their lawsuit succeeds.

He also cited statistics from Dr. Robert Shepard, one of the ordinance's strongest backers, showing the number of cancer-causing chemicals in cigarette smoke.

"Weighing all of these factors together, especially the impact on public health, this court cannot issue a preliminary injunction," he said.

However, Sherlock also said that just because he didn't grant the injunction doesn't mean the lawsuit doesn't have merit.

"They may well win and they may well be awarded a substantial amount of damages," he said. Sherlock also is to preside over the lawsuit.

"I think the judge's decision is legally sound," David Nielsen, city attorney, said. "This is what 61 percent of the voters said they wanted."