Princeton Borough could face a lawsuit if a proposed ban on smoking in public places is passed by the Princeton Regional Health Commission later this month, according to Borough attorney Michael Herbert.
Herbert said if the health commission decides to accept the ordinance — which would ban smoking not only in restaurants, bars and areas within 15 feet of public buildings but also in many private buildings — the Borough could be sued for injunctive relief.
Injunctive relief would exempt those filing suit from following the smoking ordinance.
"The firm [filing the suit] is arguing that the health commission is not an authority as a municipal governing body," Herbert said.
Herbert — whose firm has represented the Borough since 1987 — declined to disclose the name of the law firm or the names of the parties that may file the suit.
According to Herbert, this is not the first time the health commission has been confronted with legal charges. "About seven or eight years ago, the commission won a lawsuit filed by the Royal Vending Machines Company that challenged the decision to ban cigarette machines," he explained, adding, "this ordinance is another attack on smoking, which everyone knows is bad for your health."Herbert said he met with representatives from the health commission last night to discuss the legal implications of the ordinance.
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