JUSTIANA v. NIAGARA COUNTY DEPT. OF HEALTH

No. 98-CV-746A.

45 F.Supp.2d 236 (1999)

Judi JUSTIANA, Individually and as President of Niagara County Citizens for Choice, Judi's Lounge, Inc., Lawrence V. Soos, Individually and d/b/a Oliver Street Café, Dominic J. Florio, d/b/a DJF Enterprises and Donna's Diner, Garlock's Restaurant, Inc., Steve Dominski, d/b/a Clark's Burgerhouse, Venture's Family Restaurant and Bar, Inc., R.J.L. of Lockport, Inc. and Sheehan, Inc., Plaintiffs, v. The NIAGARA COUNTY DEPARTMENT OF HEALTH, David E. Wertman, Public Health Director, Niagara County Board of Health, Barbara A. Brewer, Gerald Deflippo, Linda Flessel, Steven Lewis, Frank Marotta, Robert J. Reszel, Marcia Traverse, Jerome Ulatowki, Jean Wactawski-Wende, and Mitchell Zavon, in their Official Capacities as Members of the Niagara County Board of Health, Defendants.

United States District Court, W.D. New York.

April 2, 1999.


Attorney(s) appearing for the Case

John M. Curran, Albrecht, Maguire, Heffern & Gregg, Buffalo, NY, for plaintiff.

Edward P. Perlman, Lockport, NY, for defendant.


DECISION AND ORDER

ARCARA, District Judge.

Introduction

On November 23, 1998, plaintiffs filed a complaint seeking a declaratory judgment invalidating regulations adopted by defendant Niagara County Board of Health restricting smoking in certain public places in Niagara County. Defendants filed an answer to the complaint on December 29, 1998.

On February 3, 1999, plaintiffs moved for both a preliminary injunction and summary judgment...

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