Casinos v. Cascade City-County Board of Health
MC, Inc., et al. v. Cascade City-County Board of Health, DA 14-0014 (Montana Supreme Court, Feb. 24, 2015)
- United States
- Feb 24, 2015
- Supreme Court of Montana
MC, Inc., et al. v. Cascade City-County Board of Health, DA 14-0014 (Montana Supreme Court, Feb. 24, 2015)
A Board of Health appealed a lower court decision that certain smoking structures within casinos were in compliance with the state's smoke-free law. In this decision, the Supreme Court reversed the lower court's decisions and found that the casino smoking areas violated the smoke-free law. Among other arguments, the casinos argued that smoking area was not enclosed, as defined by the statue, due to small openings to the outside. The court disagreed, finding the openings to be equivalent to "cracking a window."