Lafayette Football Boosters, Inc. v. Commonwealth

OPINION

NICKELL, Judge.

The Appellants (hereinafter “Boosters”) are six not-for-profit booster clubs charged with violating a smoking ban ordinance1 enacted by the Lexington-Fayette Urban County Government (hereinafter “L-FUCG”). Each Booster2 was cited by the *552L-FUCG Health Department for allowing smoking to occur in a building that was open to the public during a bingo game. We granted discretionary review to consider the April 18, 2006, opinion and order of the Fayette Circuit Court which held the Boosters are not exempt from the smoking ban ordinance, reversed the dismissal of the Fayette…