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FRAT. ORDER OF EAGLES v. BOROUGH OF JUNEAU

No. S-13748.

254 P.3d 348 (2011)

FRATERNAL ORDER OF EAGLES, Juneau-Douglas Aerie 4200, Mark Page, Brian Turner, R.D. Truax, and Larry Paul, Appellants, v. CITY AND BOROUGH OF JUNEAU, Appellee.

Supreme Court of Alaska.

July 1, 2011.

Attorney(s) appearing for the Case

Paul H. Grant , Law Office of Paul H. Grant, Juneau, for Appellants.

John W. Hartle , City Attorney, Juneau, for Appellee.

Peter J. Maassen , Ingaldson, Maassen & Fitzgerald, P.C., Anchorage, for Amicus Curiae American Cancer Society Cancer Action Network.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

The City and Borough of Juneau has an ordinance that prohibits smoking in certain places. In March 2008 the City Assembly amended that ordinance to prohibit smoking in "private clubs" that offer food or alcoholic beverages for sale. The Fraternal Order of Eagles, Juneau-Douglas Aerie 4200 and three of its members challenged the ban on smoking in private clubs both on its face and as applied to their...

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