Lafayette Football Boosters, Inc. v. Commonwealth

I concur with that portion of the opinion which remands this matter to the Fayette Circuit Court for a specific finding on whether the Boosters are private organizations, which was the only issue on appeal from the Fayette District Court.

However, I respectfully dissent from that portion of the opinion which suggests private organizations such as the Boosters may permit smoking in a facility owned by a third party and open to the general public.

Section 14-98 of the Lexington smoking ban ordinance provides exemptions to the general ban against smoking, including: “(l)(b) In a room or hall being…