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EIC v. TACOMA-PIERCE COUNTY HEALTH DEPT.

No. 75675-9.

105 P.3d 985 (2005)

153 Wash.2d 657

ENTERTAINMENT INDUSTRY COALITION, Respondent, v. TACOMA-PIERCE COUNTY HEALTH DEPARTMENT and Tacoma-Pierce County Board Of Health, Appellants.

Supreme Court of Washington, En Banc.

Decided February 10, 2005.

Attorney(s) appearing for the Case

Paul J. Lawrence, Alina Ann Mclauchlan, Sumeer Singla, Preston Gates & Ellis LLP, Seattle, for Appellants.

Samuel Rush Watkins, Malaika Marie Eaton, Heller Ehrman White & McAuliffe LLP, Seattle, for Respondent.

P. Stephen DiJulio, Ramsey E. Ramerman, Foster Pepper & Shefelman, Seattle, for Amicus Curiae American Cancer Society, American Heart Ass'n, American Lung Ass'n of Washington, Washington Asian Pacific Islander, Washington Breathe Alliance.

David Alan Bricklin, Bricklin Newman Dold LLP, Seattle, Michale G. Colantuono, Hannah Bentley, Colantuono & Levin, PC, Los Angeles, CA, for Amicus Curiae American Medical Ass'n, American for Nonsmokers' Rights, Campaign for Tobacco-Free Kids, National Ass'n of County and City Health Officials, National Ass'n of Local Boards of Health, Tobacco Control Legal Consortium.

David Alan Bricklin, Bricklin Newman Dold LLP, Seattle, for Amicus Curiae Washington State Medical Ass'n.

Randall Joseph Watts, Bellingham, for Amicus Curiae Whatcom County.

C. JOHNSON, J.

This case involves a challenge brought by a number of Pierce County businesses against a resolution passed by the Tacoma-Pierce County Board of Health (Health Board) banning smoking in all public establishments throughout Pierce County. The respondent, Entertainment Industry Coalition (EIC), challenged the validity of the resolution claiming the regulation conflicts with specific provisions of chapter 70.160 RCW, the Washington Clean Indoor Air Act...

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