Legal Opinion
Foothills Brewing Concern, Inc. v. City of Greenville
Supreme Court of South Carolina
Decided March 31, 2008No. 26467PublishedCited by 8 opinions
1Opinion of the CourtJustice Waller
In this direct appeal, the trial court ruled that a municipal ordinance banning smoking in bars and restaurants is preempted by State law and violates the State Constitution. The City of Greenville (the City) appeals from the trial court’s order. We reverse.
FACTS
In 1987, the City was the first municipality in South Carolina to pass an ordinance regulating smoking in public places. The 1987 ordinance applied to such areas as government-owned buildings, theaters, and office buildings. However, the 1987 ordinance exempted bars, and for restaurants, it authorized designated smoking areas.
In 1990,…
2Cases cited12 opinions
- Hodges v. RaineySupreme Court of South Carolina · 2000
- TNS Mills, Inc. v. South Carolina Department of RevenueSupreme Court of South Carolina · 1998
- South Carolina State Ports Authority v. Jasper CountySupreme Court of South Carolina · 2006
- Town of Hilton Head Island v. Fine Liquors, Ltd.Supreme Court of South Carolina · 1990
- Sunset Cay, LLC v. City of Folly BeachSupreme Court of South Carolina · 2004
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Original Blue Ribbon Taxi Corp. v. South Carolina Department of Motor VehiclesCourt of Appeals of South Carolina · 2008
- Benson W. Peak v. City of Tuscaloosa.Court of Criminal Appeals of Alabama · 2011
- Beachfront Entertainment, Inc. v. Town of Sullivan's IslandSupreme Court of South Carolina · 2008
- Gann v. CITY OF GULF SHORESCourt of Criminal Appeals of Alabama · 2009
- Ani Creation v. City of Myrtle BeachSupreme Court of South Carolina · 2023
3 more not listed; retrieve them via the Exa API.