Wednesday, December 17 2008
About $2,500 and a principle hang in the balance as the Kentucky Court of Appeals considers whether to overturn one aspect of Louisville's smoking ban -- whether the unconstitutional exemption for Churchill Downs could simply have been stricken from the ordinance by Metro Council.
It's a provision found in many state and local laws called "severability," the notion that one unconstitutional aspect of a law can be stricken -- or severed -- and the rest of the law can stand on its merits.
A Jefferson Circuit Court judge ruled last December that Louisville's smoking ban would not have passed with a majority of the Metro Council if the racetrack's exemption had not been included, and therefore ruled the entire ordinance unconstitutional.
Appellate court looks at ban on smoking continues...
