Mitchell's Bar & Restaurant, Inc. v. Allegheny County

OPINION BY

Judge COHN JUBELIRER.1

This case involves whether the Commonwealth’s Clean Indoor Air Act,2 which regulates indoor smoking in public places, preempts, meaning prevents, Allegheny County from subsequently enacting an ordinance prohibiting indoor smoking in public places in Allegheny County (Ordinance).3 Two Pittsburgh restaurants claiming to be impacted by the Ordinance, Mitchell’s Bar and Restaurant, Inc. and 639 Smithfield Corp., doing business as Smithfield Cafe, (collectively referred to here as the Restaurants), filed an action in the Court of Common Pleas of Allegheny County…