Legal Opinion

City of Tucson v. Grezaffi

Court of Appeals of Arizona

Decided May 15, 2001No. 2 CA-CV 00-0172PublishedCited by 14 opinions

1Opinion of the Court

OPINION

PELANDER, J.

¶ 1 Appellant Molly Grezaffi, owner of a Tucson restaurant called Molly G’s, challenges the constitutionality of the City of Tucson’s restaurant smoking ordinance, Tucson Code § 11-19. We conclude that the ordinance is facially valid.

BACKGROUND

¶ 2 In October 1999, Grezaffi was cited on a civil infraction for having violated Code § 11-19(E)(2) which, inter alia, prohibits restaurant owners from allowing persons to smoke in restaurants except in a designated smoking area and from allowing smoke to diffuse or drift from a designated smoking area into a nonsmoking area. After…

2Cases cited44 opinions

  1. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  2. Roberts v. United States JayceesSupreme Court of the United States · 1984
  3. Nixon v. Administrator of General ServicesSupreme Court of the United States · 1977
  4. Agins v. City of TiburonSupreme Court of the United States · 1980
  5. Dolan v. City of TigardSupreme Court of the United States · 1994

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3Cited by14 opinions

  1. American Legion Post 149 v. WASH. DEPT. OF HEALTHWashington Supreme Court · 2008
  2. Ex Parte Woodall, Texas Court of Appeals, 8th District (El Paso)2005
  3. Empress Adult Video & Bookstore v. City of TucsonCourt of Appeals of Arizona · 2002
  4. Frat. Order of Eagles v. Borough of JuneauAlaska Supreme Court · 2011
  5. Foundation for Independent Living, Inc. v. Cabell-Huntington Board of HealthWest Virginia Supreme Court · 2003

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