LAFAYETTE FOOTBALL BOOSTERS, INC. v. COM.

No. 2006-CA-001750-DG.

232 S.W.3d 550 (2007)

LAFAYETTE FOOTBALL BOOSTERS, INC.; Bluegrass Gymnastics, Inc.; Henry Clay Baseball Boosters, Inc.; Paul Laurence Dunbar Baseball Boosters, Inc.; Tates Creek Baseball Boosters, Inc.; and Tates Creek Varsity Cheerleading, Inc., Appellants v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 24, 2007.


Attorney(s) appearing for the Case

Jerry L. Wright, Herren & Adams, Lexington, KY, for appellant.

Gregory D. Stumbo, Attorney General, Jennifer O. True, Special Assistant Attorney General, Fayette County Attorney's Office, Lexington, KY, for appellee.

Before COMBS, Chief Judge; NICKELL and WINE, Judges.


OPINION

NICKELL, Judge.

The Appellants (hereinafter "Boosters") are six not-for-profit booster clubs charged with violating a smoking ban ordinance1 enacted by the Lexington-Fayette Urban County Government (hereinafter "L-FUCG"). Each Booster2 was cited by the L-FUCG Health Department for allowing smoking to occur in a building that was open to the...

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