Pitt County Health Department is appealing a district judge's decision to reverse smoking fines against four local bars that allow smoking indoors.

A comprehensive smoking ban went into effect on January 2, 2010 that included banning smoking in restaurants and bars with the exception of private clubs operating as nonprofits.

The latest case is an appeal of a decision by Pitt County District Court Judge G. Galen Braddy. In November 2010, Braddy ruled in favor of four Pitt County bars, which had asked the court to review the health board’s decision to uphold the smoking fines levied by Dr. John Morrow, director of the health department. In his decision, Braddy wrote that it was unfair to allow smoking at nonprofit operations, including country clubs, while denying that right to for-profit private bars. He made clear that his decision to allow indoor smoking was limited to those four bars: Club 519, Live, 5th Street Distillery and Mac Billiards.

The Pitt County case is the second in North Carolina. In the first appeal, the Court of Appeals upheld a Guilford County court's decision. In that case, Gate City Billards owner in Greensboro challenged the equal protection clause that allowed private, non-profit clubs the right for smoking to still occur on premises. The court found Continue Reading