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EX PARTE WOODALL

No. 08-03-00184-CR.

154 S.W.3d 698 (2005)

Ex parte Phyllis WOODALL.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 12, 2005.

Attorney(s) appearing for the Case

Michael R. Gibson, El Paso, for Appellant.

Steven L. Hughes, Mounce, Green, Myers, Safi & Galatzan, El Paso, for Appellee.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

Phyllis Woodall appeals from an order denying habeas corpus relief. At issue is the facial constitutionality of the municipal anti-smoking ordinance. We affirm.

FACTUAL SUMMARY

In 2001, the City of El Paso adopted an ordinance which prohibits smoking in all enclosed public places within the city, including food establishments, nightclubs, and bars. EL PASO, TEX., CODE § 9.50.030(7)(2001). It is...

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