Legal Opinion

Louisville/Jefferson County Metro Government v. Metro Louisville Hospitality Coalition, Inc.

Court of Appeals of Kentucky

Decided May 13, 2009No. 2008-CA-000377-MRPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

MOORE, Judge.

Louisville/Jefferson County Metro Council appeals the Opinion and Order of Jefferson Circuit Court’s ruling of invalidity of the severability clause adopted in Ordinance 189 (the “Smoke Free Law”) amending Chapter 90 of the Louisville Metro Code of Ordinances. Consequently, the severability clause being ruled invalid, the circuit court struck the Smoke Free Law in its entirety due to an unconstitutional provision exempting Churchill Downs. The circuit court previously ruled this exemption violated the Equal Protection Clause in the Kentucky Constitution.

The…

2Cases cited16 opinions

  1. Lewis v. Jackson Energy Cooperative Corp.Kentucky Supreme Court · 2005
  2. Commonwealth v. PlowmanKentucky Supreme Court · 2002
  3. Osborne v. CommonwealthKentucky Supreme Court · 2006
  4. Commonwealth v. HughesKentucky Supreme Court · 1994
  5. Lexington Fayette County Food & Beverage Ass'n v. Lexington-Fayette Urban County GovernmentKentucky Supreme Court · 2004

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3Cited by1 opinion

  1. The Lamar Company, LLC v. Lexington-Fayette Urban County GovernmentDistrict Court, E.D. Kentucky · 2023

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