Amico's Inc. v. Mattos

Although I wholeheartedly endorse the judgment in this case, I would have arrived at this result with greater restraint. I am of the opinion that municipalities have never been authorized by the General Assembly to prohibit and regulate smoking in restaurants and “victualing houses.” Moreover, in my judgment, the Legisla*909ture, by its enactment of G.L.1956 § 23-20.6-2(e)(l) prohibiting smoking in certain enumerated public places, including “[elating facilities with a seating capacity of fifty (50) or more persons” has preempted the field of regulation as it relates to restaurants and…