A sharply divided state Supreme Court
ruled Thursday that Washington's smoking ban applies to private
In a 5-4 decision, the majority said the law created by
Initiative 901 clearly prohibits smoking in workplaces - including
American Legion Post 149 in Bremerton sued the state and Kitsap
County after it was ordered in 2006 to ban smoking or face
The court's dissent argues that voters never intended to require
private clubs to be part of the smoking ban, and the initiative
didn't change the underlying law to include those clubs.
Voters overwhelmingly approved a statewide indoor smoking ban in
2005. Initiative 901 prohibited smoking in bars, restaurants,
bowling alleys, minicasinos, most hotel rooms and most other
nontribal businesses that had been exempted by the state's Clean
Indoor Air Act, which already banned smoking in most public places.
The post argued that the initiative did not change language in
state law that said, "This chapter is not intended to restrict