Smoking Ban battle moves to Court of Appeals

The battle continues. Should smokers be allowed to light-up at a bar? Bar owners in Greenville have been fighting the local health department on the issue since lawmakers passed the statewide smoking ban two years ago. Thursday, the case made its way into the Court of Appeals.

One fiery issue, two different takes. The Court of Appeals is now forming its opinion on the state smoking ban after hearing arguments from the Pitt County Health Department and a group of Greenville bars.

Club Live, 5th Street Distillery, Club 519 and Mac Billiards ignored the statewide smoking ban when it took effect in January 2010, claiming their private club status exempted them from the law.

A few months later in June, after getting complaints from the public, the Pitt County Health Department stepped in.

"I don't think anyone can argue with the science that's out there about the dangers of secondhand smoke any more,” said dr. John Morrow, Pitt County Health Dept. Dir.

Morrow told WNCT he issued each bar two warnings and then charged a $200 fine every day the bars didn't comply with the smoking ban.

Attorneys for the bars fought back and that November, a district court judge overturned the health board's decision to fine the establishments, citing it was unfair for the law to allow smoking in non-profit operations and country clubs, but not in for-profit clubs like these. It's the same argument Mark Owens took to the Court of Appeals. "And if you're not fortunate enough or financially well-off enough to join that, that you can only go to your private club and the working man is out of luck,” said Mark W. Owens III, who represents the Greenville bars. “He can't smoke his cigarette with his beer."

He argues the law denies these Greenville bars their right to equal protection. But the health department says it's constitutional because banning smoking in for-profit bars and clubs protects the greatest number of people from secondhand smoke- something the law set out to do in the first place.

Lawyers for both the Pitt County Health Department and Greenville bar owners were in court Thursday morning and could not be reached for comment. Once the Court of Appeals has heard a case, judges can take several months to form an opinion.