American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of Health

We consider in this case whether a town board of health has the authority to promulgate a regulation that prohibits smoking at all times in the premises of membership associations, sometimes referred to as private clubs.3 We conclude that it does.4

The plaintiffs, three membership associations located in the town of Athol (town), challenge a regulation promulgated in November, 2004, by the board of health of Athol (board) prohibiting smoking in the enclosed areas of the premises of Athol membership associations.5 See Appendix. The board acted pursuant to G. L. c. 111, § 31,6 and G. L. c. 270,…