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AMERICAN LITHUANIAN NATURALIZATION CLUB, ATHOL, MASS., INC. v. BOARD OF HEALTH OF ATHOL

446 Mass. 310 (2006)

AMERICAN LITHUANIAN NATURALIZATION CLUB, ATHOL, MASS., INC., & others v. BOARD OF HEALTH OF ATHOL & another.

Supreme Judicial Court of Massachusetts, Worcester.

March 22, 2006.

Attorney(s) appearing for the Case

Christopher N. Banthin (Mark A. Goldstein with him) for the defendants.

Michael J. Tremblay for the plaintiffs.

John M. Townsend, for Boston Public Health Commission, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

MARSHALL, C.J.

We consider in this case whether a town board of health has the authority to promulgate a regulation that prohibits smoking at all times in the premises of membership associations, sometimes referred to as private clubs.3 We conclude that it does.4

The plaintiffs, three membership associations located in the town of Athol (town), challenge a...

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