The Washington state Supreme Court has ruled that the state’s smoking ban applies to private clubs that have employees.
In Thursday’s 5-4 decision, the majority said the law created by Initiative 901 clearly prohibits smoking in workplaces — including private clubs.
American Legion Post 149 in Bremerton sued the state and Kitsap County after it was ordered in 2006 to ban smoking or face prosecution.
The court’s dissent argues that voters never intended to require private clubs to be part of the smoking ban, and the initiative didn’t change the underlying law to include those clubs.
Voters overwhelmingly approved a statewide indoor smoking ban in 2005. Initiative 901 prohibited smoking in bars, restaurants, bowling alleys, minicasinos, most hotel rooms and most other nontribal businesses that had been exempted by the state’s Clean Indoor Air Act, which already banned smoking in most public places.
The post argued that the initiative did not change language in state law that reads the chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
But the majority, led by Justice Mary Fairhurst, said that I-901 broadened the prohibition against smoking to include any place of employment. (AP)