Court shoots down Jackson, Wyoming smoking ban

A state court in Wyoming overturned Teton County (Jackson’s) smoking ban, saying it violated the state constitution. This ban, implemented over a year ago, had been tied up in courts for months.

Essentially, the problem is one of process. The ban was imposed by the Teton County Board of Health, an appointed board. The judge ruled that only an elected entity, such as a city council or county board of commissioners, can impose such a ban according to the state constitution. I don’t know of any other bans around the country that were imposed by an appointed board, rather than an elected one.

So bans in Cheyenne and Laramie remain in place. Apparently, the Teton County board and Jackson council had declined to impose smoking bans, so the board of health took the reins in its teeth.

The county board of health says they will appeal. From a legal standpoint, they might not have that strong of a case.

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