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)
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.
Measures to reduce or eliminate exposure to tobacco smoke.
(See FCTC Art. 8)
Substantive Issues
None
Type of Tobacco Product
None
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.
"Whether or not the regulation is consistent with the statute, we disagree that the Casino Owners’ position “falls within the range of reasonable interpretation” of either one. The four walls of the structures, including a common wall with the casinos, inside entrances, a roof, with electricity, carpeting, heating and air conditioning, clearly demonstrate that these are “enclosed rooms,” as stated in § 50-40-103(7), MCA, and are not “partially open to the outside air such as a roofed shelter,” as stated in Admin. R. M. 37.113.101(2). The structures are much more than, and do not function solely as, a “roofed shelter.” The small horizontal vents in the walls are the functional equivalent of “cracking a window” in a room to let in air, or of basement and attic venting of a house that does the same. Such venting does not turn the house or building into a partially open structure. We are convinced from a review of the statutory structure that the Legislature did not intend the statute to be applied in such a narrow and restrictive sense.
We conclude the Casino Owners’ argument is without merit and the smoking structures are “places of work” within the meaning of the MCIAA. Given this conclusion, the structures are “enclosed public places” that are subject to the smoking prohibition of the MCIAA, and we need not consider whether the structures are open to the “general public.”"
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.
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."