MARQUETTE, Mich., Jan. 7 /PRNewswire/ -- Six restaurant owners and the Michigan Restaurant Association (MRA) today won a lawsuit against the City of Marquette's ban on smoking in restaurants.

Marquette Circuit judge John R. Weber struck down the ordinance, ruling that Marquette "has no power to regulate smoking in food service establishments." Weber held that only state law -- not local ordinances -- can, regulate smoking in Michigan restaurants.

"Michigan restaurant owners are concerned about the public health of our customers, and that's why we support the existing state law -- part of the Public Health Code -- that regulates smoking in restaurants," said MRA Executive Director Rob Gifford. "Our position was that local units of government can't overstep state law, and the judge strongly agreed."

The ordinance in question was amended by the City of Marquette in 1997 to ban smoking in all city restaurants effective Jan. 1, 1999. The Michigan Restaurant Association and six of its restaurants filed suit against the city in December 1998.

Restaurants are required by the state's Public Health Code (Section 333.12905 (2)) to reserve a percentage of their seating space for non-smokers. A restaurant with fewer than 50 seats must designate at least 25 percent of its seating for non-smokers. A restaurant with more than 50 seats must designate at least half of its seating capacity for non-smokers.

The six Marquette restaurants that joined the MRA lawsuit against the ordinance were: Team Landmark, Inc., Marquette Mountain Food and Beverage, Park Third, Inc., Starburst Corp., Office Lounge, Inc., and Tiroler Hof Inn. The Michigan Chamber of Commerce also joined the MRA in the lawsuit.

"As restaurant owners, it's our job to make sure that all our customers -- smokers and non-smokers -- feel welcome to enjoy a meal and relax when they come to our restaurants," said Bob Green, owner of Office Lounge, Inc.

SOURCE Michigan Restaurant Association