American Legion Post No. 149 v. Department of Health

¶1 Appellant, American Legion Post No. 149 (Post), seeks review of a Thurston County Superior Court decision granting the respondents’, Department of Health (DOH) and Kitsap County Health District (KCHD), motions for summary judgment and dismissing the case with prejudice. The questions presented in this case are whether the smoking in public places act (Act), chapter 70.160 RCW, prohibits smoking in the Post and, if it does, whether the prohibition is constitutional. We hold smoking is prohibited in the Post under the Act because it is a “place of employment” and the prohibition, as applied…