Last week the 6th U.S. Circuit Court of Appeals ruled against a group of proprietors of bars, restaurants and bowling alleys as well as an association of restaurant owners’ and their argument that the Toledo ordinance that regulates smoking in public places was an unconstitutional regulatory taking of their property. In Circuit Judge Boyce Martin’s opinion, he says, “The evidence presented in this case fails to establish that, on its face, the Clean Indoor Air Ordinance denies appellants “economically viable use” of their respective properties.” He said, “(Businesses) have submitted affidavits alleging that they have lost – or fear they will lose – customers as a result of the ordinance, because smoking is an activity in which many customers wish to engage while patronizing their establishments,” the judge said. “Even if true, however, those allegations are simply not enough to satisfy (their) burden of proof.” Bar owners also argued there is a conflict between the state law, which allows smoking in their establishments, and the city ordinance, which doesn't. The bar owners argued the city ordinance was preempted by the state law. But Judge Martin stated in his opinion, "By stating that certain types of estalishments (such as restaurants, bars, bowling alleys, etc.) "that the legislature indicated not that those establishments were immune to smoking-related regulation, but that they simply did not fall within the ambit of the statute." He stated further, "Our independent research reveals that other courts that have considered whether smoking-related ordinances are preempted by state law have reached similar conclusions." The appellate court affirmed the decision of U.S. District Judge James Carr in Toledo to dismiss the businesses’ complaint. Concurring with Circuit Judge Martin were Circuit Judges Guy Cole and Julia Gibbons. AMC/NOMA endorses the Cleveland Clean Indoor Air Campaign. To protect the health of all workers and families, we have joined more than 7,000 individuals and 71 businesses and organizations in this effort to remove toxic chemicals from the indoor air in our city. Working with the Cuyahoga County Tobacco Control Coalition, Tobacco Free Ohio, Cuyahoga County Board of Health, American Cancer Society, Center for Community Solutions, as well as various youth groups including SHOUT AND AAYAT, we are advocating Cleveland City Council update the 1987 Clean Indoor Air Act into a 100 percent Clean Indoor Air Ordinance, eliminating secondhand tobacco smoke in all public, indoor areas and workplaces in Cleveland. For more information about the Cleveland Clean Indoor Air Campaign, visit www.smokefreeohio.org.