Judge Rules Smoking Ban Does Not Violate Constitution

A High Point judge ruled Thursday that the state's smoking ban does not violate the constitution.

Judge Jan Samet ruled on Thursday the state's smoking ban does not violate the constitution, according to lawyers in the case.

A statewide ban on smoking in restaurants and bars went into effect on January 2. Gate Billiards, a business in Greensboro, was cited for violating the ban.

Gate City's lawyer said he will appeal the decision.

"The argument will stay, basically, the same. The government has to have a rational basis for distinguishing between for-profit and non-profit private clubs. And there simply is not rational basis," said Seth Cohen.

The owner of Gate City Billiards Club, Don Liebes, changed the legal name of his club to Gate City Billiards Country Club earlier this year. Liebes said the exempts his business from the smoking ban.

Under the existing law, country clubs are considered private clubs and are exempt from the law.

The County Board of Health rejected the argument, saying an exception is only granted for not-for-profit clubs.

Judge Samet upheld the ruling by the board.

Liebes says smokers make up 80 percent of his business and says his business would suffer if he complied to the smoking ban.

"I have talked to other pool room owners that have gone non-smoking and I've had some of my competitors tell me their business has been off as much as 40 percent. If I'm off 40 percent my doors will be closed within six months, I'm sure." Liebes said.

Liebes changed the name of his business to include "country club" because he says it meets the requirements of the law. While country clubs and private clubs are exempt from the smoking ban, the law defines a private club as a country club or organization that has members and is either a non-profit or tax exempt.

Liebes requires his customers to have a membership, but his business is neither non-profit nor tax exempt.