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Last updated on Friday, August 12, 2011
(MUNCIE) - An enhanced smoking ban ordinance took effect in Delaware County Thursday.
The ordinance bans smoking in all public places including bars, taverns and private clubs.
A group of fraternal organizations are challenging the law in court. Attorney Bruce Munson, who represents the group, says their argument is based on what they feel are violations to private property rights.
Munson says in his mind, the ordinance is a type of government take over of private property which usually has some sort of compensation involved. Munson also says he thinks the ordinance over reaches with the ban including private offices.
The case has yet to be heard in court. Last week, Judge Linda Ralu Wolf recused herself from the case because her husband is a member of one of the defendant organizations. A new judge has not yet been selected.
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