Clean Indoor Air Act

A business in Braxton County hasn't been cooperating with the guidelines of " The Clean Indoor Air Act," adopted by West Virginia in 1991.

[Smokin]

Why are we allowing a seriously faulted regulation to stand that does absolutely nothing to insure or assure the business owner, the employee, the public or the Health Department that the indoor air is in fact clean or safe from any of the over 400 known carcinogenic and toxic indoor air pollutants?
Without an actual measurement of the indoor air quality, there is no protection what so ever. That is plain and simply real science, and real protection.
Doesn’t the title “Clean Indoor Air Regulation” imply the Health Department can actually prove to and assure us that the air is in fact “clean” and “safe”?
What could be a fair, safe, equally applied, create a level playing field and real Clean Indoor Air Regulation?
It would involve actually measuring the indoor air quality – everyone knows a smoking ban does nothing to assure anyone that the indoor air is in fact clean or safe from any known pollutant.
The businesses are rapidly learning it is affecting the bottom line in a very negative way. In a year or so the State and Counties will also see the financial impact – but by then many businesses will be out of business – bankrupted by a Regulation that clearly offers no protection what so ever to anyone.
I leave you with a simple question:
Why do those who want smoking bans adamantly oppose a real, measured Clean Indoor Air Regulation or Law?

[Smokin]

Braxton County Clean Indoor Air Interpretation Before Circuit Court Still
In the recent Circuit Court before Judge Facemire, Truck Stop 67 was told that his court ordered Injunction not to allow smoking would be enforced by the owners and employees, or the court would close the business. At the time of writing this article, it is assumed that Judge Alsop will sign this order.
It was further ordered in the Injunction that:
1.The employees are not to serve smokers – which contradicts the Braxton County Clean Indoor Air Regulation.
2.If a customer is smoking in the facility, he is to be told one warning to stop and if he persists, the employee is to contact law enforcement – which contradicts the Braxton County Clean Indoor Air Regulation.
3.Any violation is to be reported to the Braxton County Board of Health forthwith.
There are two legal cases involved at this point.
What Judge Facemire is imposing is his will upon Truck Stop 67, not the Braxton County Clean Indoor Air Regulation’s law – but as a Judge, his will has legally become the law for Truck Stop 67 for the length of the Injunction and no longer.
The length of the Injunction is until a legal decision is made pertaining to the interpretation of the Braxton County Clean Indoor Air Regulation Section 110. by Judge Alsop.
The Injunction, requested by the Board of Health because, although they have always found Truck Stop 67 in compliance at every Inspection, the owner was abiding by the Braxton County Clean Indoor Air Regulation, Section 110.B – Enforcement:“Any owner, operator, proprietor, manager or other person of any establishment regulated by this regulation shall inform persons violating this regulation of the appropriate provisions thereof.”
The verbiage:“shall inform” is just what it says. In New York and Florida this verbiage has gone clear to the state’s Supreme Courts and has been upheld that “shall inform” means just that – and no more.
What a smoker does with that information is completely up to the smoker, not the business owner or their employees.
The Braxton County Clean Indoor Air Regulation requires no more action.
In Section 110.A when it states:“Although smoking regulations are primarily self-regulating through public pressure, enforcement of this regulation shall be the ultimate responsibility of the Health Officer of the Braxton County Health Department or his or her lawful designee”- it does not state or imply that a business must refuse service to a smoker or notify any level of law enforcement.
Furthermore, the Clean Indoor Air Regulation, under Section 108.4 – Where Smoking Is Not Regulated, allows smoking in Conference or Meeting Rooms or public and private assembly rooms of hotels, motels and fraternal organizations while these places are being used for private functions. In Section 108.3 also allows smoking in a percentage of the hotel, motel rooms.
This Injunction has stripped from Truck Stop 67 the freedom and ability to earn a living with his point # 2 disallowing smoking “in the facility”.
When Truck Stop 67 was taken to Magistrate Court for not policing smokers, even though they were found in Compliance, they challenged the definition of the Braxton County Clean Indoor Air Regulation, Section 110. and asked the Circuit Court to determine what “shall inform” means.
Judge Facemire excused himself from this case, so it is before Judge Alsop. Currently he is not scheduled to make a legal determination of this until November or December of 2006.
So, the Braxton County smoking ban has not yet been upheld in first Circuit Court test.

[Smokin]

Braxton County Clean Indoor Air Interpretation Before Circuit Court Still

In the recent Circuit Court before Judge Facemire, Truck Stop 67 was told that his court ordered Injunction not to allow smoking would be enforced by the owners and employees, or the court would close the business. At the time of writing this article, it is assumed that Judge Alsop will sign this order.
It was further ordered in the Injunction that:
1.The employees are not to serve smokers – which contradicts the Braxton County Clean Indoor Air Regulation.
2.If a customer is smoking in the facility, he is to be told one warning to stop and if he persists, the employee is to contact law enforcement – which contradicts the Braxton County Clean Indoor Air Regulation.
3.Any violation is to be reported to the Braxton County Board of Health forthwith.
There are two legal cases involved at this point.
What Judge Facemire is imposing is his will upon Truck Stop 67, not the Braxton County Clean Indoor Air Regulation’s law – but as a Judge, his will has legally become the law for Truck Stop 67 for the length of the Injunction and no longer.
The length of the Injunction is until a legal decision is made pertaining to the interpretation of the Braxton County Clean Indoor Air Regulation Section 110. by Judge Alsop.
The Injunction, requested by the Board of Health because, although they have always found Truck Stop 67 in compliance at every Inspection, the owner was abiding by the Braxton County Clean Indoor Air Regulation, Section 110.B – Enforcement:“Any owner, operator, proprietor, manager or other person of any establishment regulated by this regulation shall inform persons violating this regulation of the appropriate provisions thereof.”
The verbiage:“shall inform” is just what it says. In New York and Florida this verbiage has gone clear to the state’s Supreme Courts and has been upheld that “shall inform” means just that – and no more.
What a smoker does with that information is completely up to the smoker, not the business owner or their employees.
The Braxton County Clean Indoor Air Regulation requires no more action.
In Section 110.A when it states:“Although smoking regulations are primarily self-regulating through public pressure, enforcement of this regulation shall be the ultimate responsibility of the Health Officer of the Braxton County Health Department or his or her lawful designee”- it does not state or imply that a business must refuse service to a smoker or notify any level of law enforcement.
Furthermore, the Clean Indoor Air Regulation, under Section 108.4 – Where Smoking Is Not Regulated, allows smoking in Conference or Meeting Rooms or public and private assembly rooms of hotels, motels and fraternal organizations while these places are being used for private functions. In Section 108.3 also allows smoking in a percentage of the hotel, motel rooms.
This Injunction has stripped from Truck Stop 67 the freedom and ability to earn a living with his point # 2 disallowing smoking “in the facility”.
When Truck Stop 67 was taken to Magistrate Court for not policing smokers, even though they were found in Compliance, they challenged the definition of the Braxton County Clean Indoor Air Regulation, Section 110. and asked the Circuit Court to determine what “shall inform” means.
Judge Facemire excused himself from this case, so it is before Judge Alsop. Currently he is not scheduled to make a legal determination of this until November or December of 2006.
So, the Braxton County smoking ban has not yet been upheld in first Circuit Court test.

[shut up]

Smokin wrote:

Braxton County Clean Indoor Air Interpretation Before Circuit Court Still
In the recent Circuit Court before Judge Facemire, Truck Stop 67 was told that his court ordered Injunction not to allow smoking would be enforced by the owners and employees, or the court would close the business. At the time of writing this article, it is assumed that Judge Alsop will sign this order.
It was further ordered in the Injunction that:
1.The employees are not to serve smokers – which contradicts the Braxton County Clean Indoor Air Regulation.
2.If a customer is smoking in the facility, he is to be told one warning to stop and if he persists, the employee is to contact law enforcement – which contradicts the Braxton County Clean Indoor Air Regulation.
3.Any violation is to be reported to the Braxton County Board of Health forthwith.
There are two legal cases involved at this point.
What Judge Facemire is imposing is his will upon Truck Stop 67, not the Braxton County Clean Indoor Air Regulation’s law – but as a Judge, his will has legally become the law for Truck Stop 67 for the length of the Injunction and no longer.
The length of the Injunction is until a legal decision is made pertaining to the interpretation of the Braxton County Clean Indoor Air Regulation Section 110. by Judge Alsop.
The Injunction, requested by the Board of Health because, although they have always found Truck Stop 67 in compliance at every Inspection, the owner was abiding by the Braxton County Clean Indoor Air Regulation, Section 110.B – Enforcement:“Any owner, operator, proprietor, manager or other person of any establishment regulated by this regulation shall inform persons violating this regulation of the appropriate provisions thereof.”
The verbiage:“shall inform” is just what it says. In New York and Florida this verbiage has gone clear to the state’s Supreme Courts and has been upheld that “shall inform” means just that – and no more.
What a smoker does with that information is completely up to the smoker, not the business owner or their employees.
The Braxton County Clean Indoor Air Regulation requires no more action.
In Section 110.A when it states:“Although smoking regulations are primarily self-regulating through public pressure, enforcement of this regulation shall be the ultimate responsibility of the Health Officer of the Braxton County Health Department or his or her lawful designee”- it does not state or imply that a business must refuse service to a smoker or notify any level of law enforcement.
Furthermore, the Clean Indoor Air Regulation, under Section 108.4 – Where Smoking Is Not Regulated, allows smoking in Conference or Meeting Rooms or public and private assembly rooms of hotels, motels and fraternal organizations while these places are being used for private functions. In Section 108.3 also allows smoking in a percentage of the hotel, motel rooms.
This Injunction has stripped from Truck Stop 67 the freedom and ability to earn a living with his point # 2 disallowing smoking “in the facility”.
When Truck Stop 67 was taken to Magistrate Court for not policing smokers, even though they were found in Compliance, they challenged the definition of the Braxton County Clean Indoor Air Regulation, Section 110. and asked the Circuit Court to determine what “shall inform” means.
Judge Facemire excused himself from this case, so it is before Judge Alsop. Currently he is not scheduled to make a legal determination of this until November or December of 2006.
So, the Braxton County smoking ban has not yet been upheld in first Circuit Court test.

omg shut up !!!! jes talk about making the long story short..... omg.... jus be glad the creeps are not smoking blowing it rudely in our direction. stinking up our hair, when we sit down to eat
jeez!!!!!!!!!!can't even swallow with out gulping down stink'n smoke