A Warren bar owner’s lawsuit challenging the state’s restaurant smoking ban was dismissed by the state Court of Appeals on Thursday. In a three-paragraph memorandum, Justices Kathleen Jansen, Stephen Borrello and Jane Beckering said the lawsuit was moot because the bar, Sporty O’Toole’s, had gone out of business since the lawsuit was filed and owner Boyd Cottrell told the court he doesn’t plan to open another.
Since the bar is closed, it’s no longer affected by the ban, therefore there’s no reason to continue the lawsuit, the court said. Cottrell challenged the constitutionality of the smoking ban in a lawsuit against the Macomb County Health Department, after the department cited his bar twice for smoking ban violations in 2010.
Cottrell paid the first $100 fine, but refused to pay the second $500 fine, and instead opted to challenge the law. He purchased Sporty O’Toole’s two weeks before the smoking ban was approved by the Legislature in 2009. The law went into effect May 1, 2010. Cottrell’s attorney, Theodore Andris, could not be reached Friday for comment.
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