A restaurant owner who said the state's no-smoking law destroyed his business is suing the Erie county health commissioner over his enforcement of the ban.A takings of property without just compensation.
Richard Naylon claims Commissioner Anthony Billitier's refusal to grant his Buffalo restaurant a hardship waiver allowed under the law forced him to sell the business for less than it was worth.
He is seeking $1 million in general compensatory damages and $50,000 in punitive damages.
While the state's Clean Indoor Air Act has been challenged in courts across the state since being implemented July 2003, Assistant Erie County Attorney Joseph Reina said Naylon's suit is the only one pending against the county as the law's enforcer.
Tuesday, October 18, 2005
Restaurateur sues county health commissioner over smoking ban
Newsday reports:
