The owner of a Warren bar is challenging the state’s smoking ban in court.
Boyd Cottrell, owner of Sporty O’Toole’s, has twice been cited by the Macomb County Health Department for violations of the smoking ban, reports the Detroit News. The first time Cottrell was cited, he paid the $100 fine. But the second time he was cited, with a fine of $500, he decided to fight the state’s law.
He is asking a Macomb County judge to toss out the citation and to issue an injunction against the health department preventing it from enforcing the law. He argues the law is unfair because it bans smoking in all indoor eateries and bars as well as patios of such places, while exempting the gambling floor of the state’s casinos.
Cottrell’s attorney, Theodore S. Andris, says he’s urging [Macomb County Circuit Court Judge Edward] Servitto to toss out the fine and prevent the Health Department from enforcing the ban for Cottrell’s bar because it unfairly penalizes his small establishment.
“This is the only state in the union that I can find that gives that kind of bias to the casinos,” he said today. “This law should be looked at again.”
Servitto has adjourned the case until April 18 so he can review arguments submitted by Cottrell and the Michigan Department of Community Health.
The law went into effect nearly a year ago, on May 1, 2010. Since then many bar owners have complained that the smoking ban has hit their bottom line and thinned their wallets.