Roark & Hardee LP v. City of Austin

KING, Circuit Judge:

Plaintiffs are owners of stand-alone bars in Austin, Texas. They filed this action against the City of Austin seeking a declaratory judgment and injunctive relief relating to the enforcement of Austin’s ordinance prohibiting smoking in enclosed public places, including bars, restaurants, and workplaces. ,. The district court declared the “necessary steps” provision of the ordinance unconstitutionally vague on its face and permanently enjoined the City of Austin from enforcing it. The City of Austin appeals the district court’s judgment and injunction, arguing that: (1) the…