Friday, June 1, 2007

Battle over Fort Wayne smoking ban moved to federal court

FORT WAYNE, Ind. (AP) -- A lawsuit over a smoking ban to take effect in Fort Wayne Friday has been moved to federal court.

The move requested by city attorneys cancels a state court hearing scheduled for today where opponents hoped a judge would prevent the smoking ban from going into effect.

Nearly 20 Fort Wayne businesses are suing the city over the ban, saying the ordinance is too vague and too broad.

City attorneys say federal courts have jurisdiction because opponents say their constitutional rights are violated by the smoking ban. A hearing in federal court could be scheduled for today or tomorrow.

Fort Wayne's smoking ban would be one of the strictest in the state. It would bar smoking in almost all indoor city workplaces, including all bars, restaurants and bowling alleys.

(Copyright © 2007 The Associated Press.)

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