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Lawyers want smoking law ruled unconstitutional

Friday, March 11, 2005 | 10 a.m.

HELENA -- A dispute over this city's tough smoking ban is back before a district judge after a lengthy delay brought on by a separate lawsuit before the state Supreme Court.

An attorney for a Helena casino asked Judge Thomas Honzel on Wednesday to rule the city's smoking ban unenforceable because those cited for violating it cannot seek a jury trial.

Tom Budwitz, who represents the Montana Nugget Casino and its manager, Greg Straw, argued that his clients had a right to a jury of their peers.

But Helena City Attorney David Nielson countered that nothing explicitly allows for a jury trial on such an infraction.

The dispute centers on the smoking ban that voters approved in 2002. It prohibits smoking in all public buildings, including bars and casinos.

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