Bullitt Fiscal Court, et al. v Bullitt County Board of Health
The Bullitt County Board of Health enacted a regulation for the county prohibiting tobacco smoking in all enclosed public places, in enclosed places of employment, in certain outdoor public places, and in private clubs within the county. The Fiscal Court and eight cities within the county filed a petition against the Board, arguing that the Board usurped its authority. A trial court held the regulation invalid, but the Court of Appeals reversed.
In this decision, the state Supreme Court found the Board exceeded its statutory authority when adopting the smoking prohibition.
Bullitt Fiscal Court, et. al. v. Bullitt County Board of Health, No. 2013-SC-000023-DG (2014).
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Type of Tobacco Product
None
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"We note that the Kentucky General Assembly has regulated smoking in state-owned and managed facilities, thus acknowledging that smoking is a matter of public health. See KRS 61.165; KRS 61.167; KRS 438.050; KRS 196.245. However, the authority granted under KRS 212.230(1)(c), even when coupled with these additional statutes, fails to provide the Board with the teeth necessary to adopt and enforce the Regulation. Cf. 21 U.S.C. § 387 et seq. Moreover, our analysis is strengthened by Kentucky's longstanding rule that, where reasonable doubt exists concerning the proper scope of an administrative agency's authority, it should be resolved against the agency. See Parrish, 211 S.W.2d at 422 (citing Bd. of Educ. of City of Newport v. Scott, 224 S.W. 680, 681 (Ky. 1920)). Therefore, we conclude that there is insufficient grounding in statute for the Regulation adopted by the Board in this case."
"Given such dismal data, it is understandable that many health care professionals and government officials have sought to curtail the prevalence of this noxious fume. Promoting a smoke-free society is a reasonable goal grounded in sound research. However, when promotion becomes enactment, even the most virtuous causes must also be grounded in law. See FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 161 (2000) (recognizing that "no matter how important, conspicuous, and controversial the issue . . . an administrative agency's power to regulate in the public interest must always be grounded in a valid grant of authority . . . .")."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The Bullitt County Board of Health enacted a regulation for the county prohibiting tobacco smoking in all enclosed public places, in enclosed places of employment, in certain outdoor public places, and in private clubs within the county. The Fiscal Court and eight cities within the county filed a petition against the Board, arguing that the Board usurped its authority. A trial court held the regulation invalid, but the Court of Appeals reversed.
In this decision, the state Supreme Court found the Board exceeded its statutory authority when adopting the smoking prohibition.