BATTE-HOLMGREN v. COM'R OF PUBLIC HEALTH

No. 17505.

914 A.2d 996 (2007)

281 Conn. 277

Diane BATTE-HOLMGREN et al. v. COMMISSIONER OF PUBLIC HEALTH et al.

Supreme Court of Connecticut.

Decided February 13, 2007.


Attorney(s) appearing for the Case

Jan C. Trendowski, for the appellants (plaintiffs).

Richard Blumenthal, attorney general, with whom were Perry Zinn-Rowthorn and Jane R. Rosenberg, assistant attorneys general, for the appellees (defendants).

John B. Farley, Hartford, filed a brief for the American Cancer Society, Inc., as amicus curiae.

SULLIVAN, C.J., and NORCOTT, KATZ, VERTEFEUILLE and ZARELLA, Js.


VERTEFEUILLE, J.

The plaintiffs,1 who are owners of businesses affected by recently enacted legislation banning smoking in restaurants and cafés, appeal from the judgment of the trial court rendered after the granting of a motion to strike the complaint filed by the defendants, the commissioner of public health and the attorney general. The plaintiffs challenge the constitutionality of the legislation, arguing that the smoking ban...

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