Law Suits: WV Ripley

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West Virginia Ripley Update
The owners of M and R Restaurant have decided not to enforce it. Customers at the restaurant are still smoking.

Ripley Restaurant Cited for Failing to Comply with Smoking Ban

October 24, 2006
Nicky Walters

RIPLEY – Jackson County’s indoor smoking ban took effect October 1, but the owners of M and R Restaurant have decided not to enforce it. Customers at the restaurant are still smoking.

After receiving a few complaints, the Jackson County Health Department cited the restaurant. However, the health department has no authority to issue fines or punishment.

The situation is now pending in magistrate court.

Restaurant patron and smoker Devon Riggs said he disagrees with the ban and supports the restaurant’s decision not to enforce the no-smoking rule.

“I think the establishment should have a right to put a sign up that says this is a smoking establishment,” said Riggs. “When you see that at the door you can turn away.”

M and R owners declined to comment about the issue on the advice of their lawyer.

The health department said they have not received complaints about people smoking in any other restaurant in the county.

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