Legal Opinion
Empire State Restaurant & Tavern Ass'n v. New York State
District Court, N.D. New York
Decided March 17, 2005No. 1:03-cv-00918PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER 1
KAHN, District Judge.
I. Facts
On March 26, 2003, New York State enacted Chapter 13 of the Laws of 2003 (“Chapter 13”), amending the Clean Indoor Air Act, Chapter 244 of the Laws of 1989 (“CIAA”). Chapter 13 regulates smoking in various public places, including bars and food service establishments, and imposes civil penalties of no greater than two thousand dollars for those who violate 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 employer whose place of…
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