Legal Opinion
Empire State Restaurant & Tavern Ass'n v. New York
District Court, N.D. New York
Decided October 21, 2003No. 1:03-CV-0918(LEK)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM — DECISION AND ORDER
KAHN, District Judge.
I. Background
On March 26, 2003, New York State enacted Chapter 13 of the Laws of 2003 (“Chapter 13”), which amended the Clean Indoor Air Act, Ch. 244 of the Laws of 1989. Chapter 13 regulates smoking in a number of public and work places, including bars and food service establishments, and it imposes civil penalties of no greater than two thousand dollars for those who fail to comply with its provisions. Those subject to Chapter 13 include: (1) any person or entity that controls the use of an area in which smoking is prohibited, (2) any…
2Cases cited9 opinions
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- McGowan v. MarylandSupreme Court of the United States · 1961
- George S. Borey, Lewis Lanese v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Reliance Insurance Company, Norman M. Bruce, A. Burton White v. Thomas A. Martin, Reliance Insurance CompanyCourt of Appeals for the Second Circuit · 1991
- Wisdom Import Sales Company, L.L.C. v. Labatt Brewing Company Limited, Labatt Holdings, Inc., Labatt Usa, L.L.C., Lf Holdings I L.L.C., and Interbrew, S.A.Court of Appeals for the Second Circuit · 2003
- Sanitation And Recycling Industry, Inc. v. City Of New YorkCourt of Appeals for the Second Circuit · 1997
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3Cited by2 opinions
- NYC C.L.A.S.H., Inc. v. City of New YorkDistrict Court, S.D. New York · 2004
- Elmwood-Anderson Corp. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2004