"The District Board of Health has exceeded the rulemaking authority granted to a district board of health in [state statute] by enacting rules beyond the scope of an area regulated by the state Department of Health and without clear direction from the Wyoming Legislature," [image-nocss] Day said in the ruling. "In any event, the enactment of a rule that creates a new criminal offense in the absence of appropriate authority is a legislative act and in clear violation of the Wyoming Constitution."
The rule, which hadn't been put into effect because a lawsuit was filed almost immediate after it passed, banned smoking in all public areas, including bars and restaurants and within 20 feet in such businesses.
The lawsuit had been filed by Flat Creek Development, the Wyoming Contractors Association, Wyoming Trucking Association and the Wyoming State Liquor Association. Mike Moser, executive director of the liquor association told the Jackson Hole Daily: "Elected officials are the ones to make this kind of decision. They're good people trying to do good things, but sometimes we disagree over the process."
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