W.Va. court upholds the dismissal of smoking ban suit

CLARKSBURG (AP) — Harrison County’s smoking ban has withstood a legal challenge by a group of fraternal organizations.

The West Virginia Supreme Court voted 4-1 on Friday to affirm a circuit judge’s dismissal of the group’s lawsuit against the Harrison-Clarksburg Board of Health.

The Harrison County Fraternal and Service Association Inc. had argued that organizations holding raffles should be exempt if more than 100 cards or sheets are sold. The lawsuit also said the county’s Clean Indoor Air regulation exempts bingo areas but not raffle areas.

Harrison County Circuit Judge Thomas A. Bedell dismissed the lawsuit in January.

One of the group’s attorneys, Jerry Jones, told The Exponent Telegram that he wouldn’t consider appealing the Supreme Court’s decision. He says he would consider going to the Legislature first.

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