Fogle v. H & G Restaurant

A number of businesses, trade associations, and tobacco companies filed an action to halt the implementation of a Maryland regulation prohibiting smoking of tobacco products in specifically identified public areas, claiming, among others, that the regulation's implementation would constitute a violation of the rights to freedom of expression, due process, property, and privacy. A circuit court granted the plaintiffs' request to halt the regulation's implementation, and the State of Maryland appealed the decision. The Court of Appeals of Maryland overruled the lower court's decision to halt implementation of the prohibition. Among its considerations, the Court of Appeals found that Maryland sufficiently demonstrated the scientific evidence concerning the harms of environmental tobacco smoke necessary to justify the regulation, that the economic impact of the regulation would not be overly burdensome of the plaintiffs' businesses, and that the regulation was written clearly enough to avoid confusion that could prejudice its implementation against the businesses' interests.    

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Fogle, et al. v. H & G Restaurant, Inc., et al., 654 A.2d 449, Court of Appeals of Maryland (1995).

  • United States
  • Feb 24, 1995
  • Court of Appeals of Maryland

Parties

Plaintiff H & G Restaurant, Incorporated

Defendant

  • Department of Licensing and Regulation of the State of Maryland
  • Division of Labor and Industry
  • Henry A. Koellein, Commissioner of the Division of Labor and Industry
  • William A. Fogle, Secretary of the Department of Licensing and Regulation of the State of Maryland

Legislation Cited

Code of Maryland Regulations, section 09.12.23 ("Prohibition on Smoking in an Enclosed Workplace")

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None