Wed, 02/11/2009 - 7:53am
Recently the local clark county health department passed their smoking ban on businesses, the problem i had was that they would not put it to a vote. I expressed my opinion to the local newspaper "The Winchester Sun", but they did not run my letter to the editor. Does anyone else think it is just a little unfair that the health department has more say than the citizens of winchester? I am not defending smokers, but the american right to choose.http://www.kentucky.com/170/story/550888.html
You are not alone. There are a number of people who have contacted me from Clark County, and I am almost certain that the Board of Health does NOT have the right to create new health codes, only enforce those passed through a legislative body, in this case the county Fiscal Court.
We need a lawyer to take these issues to court. I believe I know the basic procedure and we need a business owner to come forward as the Plaintiff to show damages that can the court can resolve as a result of the illegal move by the Clark County Fiscal Court.
I live near Kenton County, and know some people who may be able to help bring in more information from Kenton County Attorney Gary Edmundson, who wrote an opinion regarding the bans instituted without legislative actions by a local Board Of Health, which was submitted to Clark County Fiscal Court.
The reality is that Clark County Fiscal Court is playing stupid. They claim they don't have the right to do anything, however, there are several things that can be done. If the Fiscal Court is as Gerrymandered as badly as the county in which I was born, there is section 67.050, which provides the ability to dissolve the Fiscal Courts.
We have actions that can be taken. Do you know many others in Clark County who are ready to organize on this issue? If so, I'd like to organize a meeting in this regard. This can be made very high profile, and can give an appropriate smack-down to the government officials -- elected and otherwise -- and a smack-down on RJWF and their associates.
Please use the main site to email me. Better yet, I'm going to try to look up your email address and send this message to you, as well.
Thank you,
Ken Moellman
Chair, LPKY