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TRI-NEL MANAGEMENT, INC. v. BOARD OF HEALTH OF BARNSTABLE

433 Mass. 217 (2001)

TRI-NEL MANAGEMENT, INC., & others v. BOARD OF HEALTH OF BARNSTABLE & another.

Supreme Judicial Court of Massachusetts, Barnstable.

January 19, 2001.

Attorney(s) appearing for the Case

Edward W. Kirk for the plaintiffs.

Robert D. Smith, Town Attorney (Ruth J. Weil with him) for the defendants.

The following submitted briefs for amici curiae:

Thomas F. Reilly, Attorney General, & William W. Porter, Assistant Attorney General, for the Attorney General.

Cheryl Anne Sbarra & Christopher N. Banthin for Massachusetts Association of Health Boards & another.

William J. Lundregan, III, City Solicitor, for city of Salem.

Present (Sitting at Brockton): MARSHALL, C.J., ABRAMS, GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

COWIN, J.

We are asked in this appeal to decide whether the board of health of Barnstable (board) has the authority to issue a municipal regulation prohibiting smoking "in all food service establishments, lounges and bars." We hold that it does.

1. Background. We summarize the relevant facts from the uncontested documentary materials in the record. In 1995, the board began considering whether to impose regulations curbing the harmful effects of environmental...

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