(CN) - A Kansas City bartender was properly fined $50 for following orders to let patrons violate the city's smoking ban, the Missouri Court of Appeals ruled.
Georgia Carlson challenged the $50 fine she incurred after the city health department conducted a "smoking audit" at J.C.'s Sports Bar.
The patrons extinguished their cigarettes, but Carlton told the inspector that she had been instructed to let the customers smoke. The inspector gave her a ticket, which she refused to sign.
The municipal and circuit courts both ruled that Carlson had violated the smoking ban. She appealed, arguing that only a police officer -- not a health inspector -- is allowed to issue a citation.
Judge Karen Mitchell disagreed and upheld the fine.
"Nowhere in (the law) does it specify that a police officer must, in all cases," issue an ordinance violation notice," Mitchell wrote.
"Kansas City police resources are undoubtedly unable to adequately enforce ordinances like the anti-smoking ordinance on a daily basis. Common sense dictates that the health inspectors be permitted to issue notices for such ordinance violations," the judge added.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.
Additional Reads
-
Alaska, Hawaiian Airlines April 17, 2024 -
-
Contributor-Test-Post-2024-04-12 April 12, 2024 -
