Batte-Holmgren v. Commissioner of Public Health

Opinion

VERTEFEUILLE, J.

The plaintiffs,1 who are owners of businesses affected by recently enacted legislation banning smoking in restaurants and cafés, appeal from the judgment of the trial court rendered after the granting of a motion to strike the complaint filed by the defendants, the commissioner of public health and the *280attorney general. The plaintiffs challenge the constitutionality of the legislation, arguing that the smoking ban violates the equal protection clauses of the state and federal constitutions.2 The dispositive issues on appeal are: (1) whether this court has subject matter…