Smoking Ban Goes Into Effect Today

BOSTON -- If you plan on drinking or dining in Boston, leave the smokes in your coat.

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Restaurants Fear Decrease In Business SMOKING RESOURCES www.trytostop.org 1-800-9-GET-A-TIP (1-800-943-8284) 1-800-TRY-TO-STOP (1-800-879-8678)

NewsCenter 5's Amalia Barreda said that Monday begins the citywide ban on smoking in any public workplace. A similar ban in Framingham, Mass., is being held up while the court decides a case of conflicting town statutes.

Smoking in Framingham restaurants will be legal until a judge decides matters related to a lawsuit filed by the Framingham Restaurant Association, that claims that the ban will put smaller establishments out of business.

"Businesses have gone out of business. Those that stayed in business have barely stayed in business," restaurant owner Neil Sommer said.

"We have small restaurants. We have town meeting members who are worried about the impact on the town of Framingham and its revenues and its jobs," attorney Robert Meltzer said.

The association charged that the Board of Health, which imposed the ban, usurped a town meeting that permitted restaurants to have smoking and non-smoking sections. Framingham's town counsel argued that the Board of Health's power comes from the Legislature and supersedes town meeting.

"When the Board of Health regulates in the area of its expertise, having to do with second-hand smoke and it's consequences, then the Board of Health steps into the shoes of the Legislature. For all intents and purposes, they are the Legislature" Framingham Town Counsel Christopher Petrini said.

Restaurants owners also argued that it would be much fairer if the smoking ban applied to all communities.

"It would be less of a worry if the state went non-smoking. I don't agree with that, but it would be more of a level playing field. We wouldn't lose business to other towns like Natick and Ashland," restaurant owner Peter Sarmanian said.

A judge is permitting the injunction to continue until Friday when a ruling in Framingham should be announced.