Clayton resident files lawsuit against smoking ban - KMOV.com

Clayton resident files lawsuit against smoking ban

(KMOV) – A lawsuit has been filed against the City of Clayton for an ordinance recently passed that bans smoking in its city parks and garages.  The lawsuit was filed by a Clayton resident.

Arthur Gallagher says the ban is unlawful and denies him his constitutional rights.  He is asking the court to declare invalid parts of the ordinance that ban outdoor smoking because they have no rational basis.

Penalties for the ordinance carry up to a $1000 fine and 90 days in jail.

The lawsuit is also filed against Clayton Mayor Linda Goldstein, City Manager Craig Owens, Parks Director Patty DeForrest and Police Chief Thomas J. Byrne, each in their official capacities only.

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