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EMPIRE STATE RESTAURANT AND TAVERN v. NEW YORK

No. 1:03-CV-918 (LEK/DRH).

360 F.Supp.2d 454 (2005)

EMPIRE STATE RESTAURANT AND TAVERN ASSOCIATION, INC. and Buis, Inc. d/b/a Dodester's, 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.

March 17, 2005.

Attorney(s) appearing for the Case

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

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

MEMORANDUM-DECISION AND ORDER1

KAHN, District Judge.

I. Facts

On March 26, 2003, New York State enacted Chapter 13 of the Laws of 2003 ("Chapter 13"), amending the Clean Indoor Air Act, Chapter 244 of the Laws of 1989 ("CIAA"). Chapter 13 regulates smoking in various public places, including bars and food service establishments, and imposes civil penalties of no greater than two thousand dollars...

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