In a ruling released last week, Judge Linda Stephens wrote that the wording of the state ban creates distinct categories of social clubs, providing clear guidance on where indoor smoking is prohibited. The judge said private golf, yachting or racquet clubs can be easily distinguished from bars and restaurants.
The appeal was brought on after a trial judge in Pitt County ruled that the wording of the ban violated the US Constitution’s equal protection clause for clubs. The Appeals Court disagreed, writing “Therefore, we hold that the trial court erred in declaring the challenged section of the North Carolina smoking ban unconstitutional.”
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