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EMPIRE STATE RESTAURANT AND TAVERN v. NEW YORK

No. 1:03-CV-0918(LEK).

289 F.Supp.2d 252 (2003)

EMPIRE STATE RESTAURANT AND TAVERN ASSOCIATION, INC., Donna Deats, d/b/a Lost & Found Inn, Four Seasons Beverage and Catering, Inc., d/b/a Tazmond's Pub, Keefe's Tavern, Inc., d/b/a Keefe's Tavern, Buies, Inc., d/b/a Dodester's, Barmarsue, Inc., d/b/a Murray's, and Walter G. Bandych, d/b/a Stash's Pub, Plaintiffs, v. NEW YORK State, New York State Department of Law, Eliot Spitzer, in his Official Capacity as Attorney General of the State of New York, New York State Department of Health, and Antonia C. Novello, in her Official Capacity as Commissioner of the New York State Department of Health, Defendants.

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

October 21, 2003.

Attorney(s) appearing for the Case

George H. Lowe, Bond, Schoeneck Law Firm, Syracuse, NY, Kevin T. Mulhearn, Office of Kevin T. Mulhearn, Orangeburg, NY, for plaintiffs.

Charles J. Quackenbush, New York State Attorney General, Albany, NY, for defendants.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

I. Background

On March 26, 2003, New York State enacted Chapter 13 of the Laws of 2003 ("Chapter 13"), which amended the Clean Indoor Air Act, Ch. 244 of the Laws of 1989. Chapter 13 regulates smoking in a number of public and work places, including bars and food service establishments, and it imposes civil penalties of no greater than two thousand dollars for those who fail to...

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