In her 64-page decision, Judge Feinberg wrote:

� ... the State Legislature enacted a comprehensive statutory scheme governing the regulation of smoking in indoor public places in an effort to strike a balance between the rights of smokers and nonsmokers ...  �By carefully determining when, where, and under what circumstances smoking would be allowed, the Legislature attempted to achieve the intended balance by making it abundantly clear that State agencies and political subdivisions could not take actions that would alter that balance.�

On the issue of state preemption, Judge Feinberg concluded that entities
such as the PRHC are permitted only to suggest guidelines but not mandates on this issue, and that State laws shall supersede any other ordinance, rule or regulation on smoking.

�We are very pleased by the Court�s decision,� said Ross A. Lewin, attorney for the plaintiffs.  �Clearly, the Court recognized that the Commission violated State law when passing the smoking ban.  Incredibly, the Commission was forced to defend its smoking ban, not as an anti-smoking ordinance, but as a fire safety ordinance.  However, the Court found that the Commission could not �disguise its true purpose and intent� and declared that the smoking ban was void and unenforceable.�

The lawsuit was filed last June by the Ivy Inn, Lahiere�s Restaurant, the Annex Restaurant and Bar and the National Smokers Alliance (NSA) on behalf of its members in and around Princeton.  Additionally, 14 individual restaurant and bar owners, managers, employees and patrons filed to join the suit.

Attorneys for the PRHC challenged the standing of the NSA in the suit, in an effort to have the organization removed as a plaintiff.  Judge Feinberg, in rejecting that request, found that the �NSA has demonstrated a sufficient stake in the action and a real adverseness ... the NSA and its local members certainly have a �stake� in the outcome of this lawsuit.�

Thomas Humber, President of the National Smokers Alliance, stated: �This was a case about the rule of law, which applies to everyone, including the Princeton Regional Health Commission, as the court affirmed in no uncertain terms.

�We are pleased to have been able to support the case on behalf of Princeton�s business community and New Jersey National Smokers Alliance members, and we are gratified by the judge�s affirmation of our standing to do so.  The attacks on us will undoubtedly not cease, but neither will our efforts to fight the unlawful discrimination against adult smokers.

�The judge did not rule on one part of the case�the charge of conflict of interest on the part of one member of the Health Commission.  We can only hope the conflict will now be addressed by the appropriate investigating authorities.�