TOBACCO CONTROL LAWS

Justiana, et al. v. The Niagara County Department of Health, et al.

Plaintiffs, a group of individuals and business owners who operated restaurants in Niagara County, New York, sought to prevent the Niagara County Board of Health (Board) from implementing public smoking regulations that the plaintiffs believed were overly restrictive in comparison to the existing Niagara County Sanitary Code. In particular, the plaintiffs claimed that the Board regulations violated their constitutional right to equal protection, as well as constituted an excessive delegation of executive authority by imposing restrictions based on consideration of issues that went beyond the Board's health expertise. The United States District Court for the Western District of New York found that the equal protection claim lacked merit. However, the Court found that the actions of the Board did exceed executive authority insofar as it made final policy determinations where competing social, economic and political concerns remained unresolved by the Niagara County legislature.

Justiana, et al. v. The Niagara County Department of Health, et al., No. 98-CV-746A, United States District Court, Western District of New York (1999).

  • United States
  • Apr 2, 1999
  • United States District Court, Western District of New York
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Parties

Plaintiff

  • Dominic J. Florio, d/b/a DJF Enterprises and Donna's Diner
  • Garlock's Restaurant, Inc.
  • Judi Justiana, Individually and as President of Niagara County Citizens for Choice
  • Judi's Lounge, Inc.
  • Lawrence V. Soos, Individually and d/b/a Oliver Street Café
  • R.J.L. of Lockport, Inc.
  • Sheehan, Inc.,
  • Steve Dominski, d/b/a Clark's Burgerhouse
  • Venture's Family Restaurant and Bar, Inc.

Defendant

  • Barbara A. Brewer, in her Official Capacity as Member of the Niagara County Board of Health
  • David E. Wertman, Public Health Director, Niagara County Board of Health
  • Frank Marotta, in his Official Capacity as Member of the Niagara County Board of Health
  • Gerald Deflippo, in his Official Capacity as Member of the Niagara County Board of Health
  • Jean Wactawski-Wende, in her Official Capacity as Member of the Niagara County Board of Health
  • Jerome Ulatowki, in his Official Capacity as Member of the Niagara County Board of Health
  • Linda Flessel, in her Official Capacity as Member of the Niagara County Board of Health
  • Marcia Traverse, in her Official Capacity as Member of the Niagara County Board of Health
  • Mitchell Zavon, in his Official Capacity as Member of the Niagara County Board of Health
  • Robert J. Reszel, in his Official Capacity as Member of the Niagara County Board of Health
  • Steven Lewis, in his Official Capacity as Member of the Niagara County Board of Health
  • The Niagara County Department of Health

Legislation Cited

Clean Indoor Air Act

Local Law in Relation to the Regulation of Smoking in Niagara County, Section 6 (a)-(e)

Sanitary Code for the County of Niagara, Article XVI

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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