Warren bar owner's smoking ban suit dismissed

A Warren bar owner's lawsuit challenging the state's smoking ban was dismissed by the state Court of Appeals without the court addressing the issue of the law's constitutionality. In a three-paragraph memorandum issued Thursday, the appellate court said the lawsuit was moot because the bar, Sporty O'Toole's, had since gone out of business and owner Boyd Cottrell told the court he doesn't plan to open another. Because the bar is closed, it's no longer affected by the ban, therefore there's no reason to continue the lawsuit, the court said.

Cottrell challenged the constitutionality of the smoking ban in a lawsuit against the Macomb County Health Department after his bar was twice cited for smoking ban violations in 2010. Cottrell paid the first $100 fine, but refused to pay the second $500 fine, and instead opted to challenge the law. He bought Sporty O'Toole's two weeks before the smoking ban was approved by the Legislature in 2009. The law went into effect May 1, 2010. Cottrell's attorney, Theodore Andris, could not be reached Friday for comment.