Casinos v. Cascade City-County Board of Health

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."


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



  • Douglas Palagi, an individual
  • K.C. Palagi, an individual
  • MC, Inc., a Montana Corporation
  • Players, Inc., a Montana Corporation

Defendant Cascade City-County Board of Health, a Local Board of Health

Legislation Cited

Montana Clean Indoor Air Act (MCIAA)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues


Type of Tobacco Product