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Council Agrees to Injunction

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Updated: April 17, 2007
The discussion was short and the vote unanimous. Tonight the council voted to hold off enforcing the new ban on all hot food in any establishment that allows smoking. By agreeing to do so, the council will enable the ordinance to stay in effect as it has been in the two years since it was enacted. The city attorney says this was more acceptable than allowing the courts the chance to grant an injunction against the entire ordinance -- something the lawsuit asked the judge to grant. So for the time being, places like On the Mark, Art`s Place and other bars will be allowed to continue cooking burgers and such until the Washington County Circuit Court has a chance to rule on constitutional questions about the ordinance and it`s newest interpretation. Council members remain optimistic that the courts will see it their their way. Don Marr, Ward 2 says, "We`re already seeing the movement nationwide and our own state has passed an ordinance. So I`m confident when the judge looks at all the information, reads all of the testimony and debate, it will be clear what we intended. And that we didn`t intend for a 70/30 split."

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