Fox 2
Clayton's ban on smoking in parks and other outdoor places is under fire. A lawsuit has been filed against Clayton officials by a man claiming the ban tramples on his rights.
One of retired Clayton resident Arthur Gallagher's favorite activities is to relax in the park with a cup of coffee and a cigar. With the recent outdoor smoking ban, a cigar in the park would cost gallagher a one-thousand dollar fine or 90 days in jail.
So Gallagher has decided to challenge the ban, announcing a lawsuit against the city, Clayton Mayor Linda Goldstein, park officials and Clayton police.
With cigars in hand during the news conference, Gallagher and his attorney Bevis Schock explained that the ban is an infringement of constitutional rights
They are disputing the city's claim that second hand smoke is harmful to others even outdoors in a park with children present. But Arthur thinks the ban goes even further than trying to protect people.
Clayton Mayor Linda Goldstein released a statement regarding this case saying the city heard testimony from several other communities that banned smoking in public outdoor parks.It also says more than 478 communities have banned smoking in public parks across the United States.
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America is a nanny state. Over regulation, social justice, political correctness are destroying Freedom. We have federal, state and local governments choosing which laws to inforce and which ones it chooses not to inforce. I am fed up!