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The subject of Monday’s “Foul” in the St. Louis Post-Dispatch “Fair or Foul” editorial feature focused on Clayton’s ordinance making its public parks smoke-free, which became the subject of a lawsuit by cigar smoker Arthur Gallagher, who responded to an ad for a plaintiff by Clayton attorney, Bevis Schock. The previous blog covered the latest twist on this issue.
Fair or Foul: Rally for St. Louis; smoking in the park
November 12, 2012 3:00 pm
By Tony Messenger, St. Louis Post-Dispatch Editorial Page Editor
FOUL: For two years, Arthur Gallagher has been trying to overturn a Clayton ordinance that bans smoking in public parks. His silly quest, thankfully, has likely come to an end. The 8th U.S. Court of Appeals last week upheld a lower-court ruling that the right to smoking in a public park is not akin to (as he argued) the right to have consensual sex, or even the right to an abortion. Mr. Gallagher can still smoke, just not in Clayton’s parks, where the rest of us must share in his bad habit. The court protected freedom, just not the version Mr. Gallagher sought. And while the court didn’t address it specifically, we’re guessing the judges would frown on the sex in the park thing, too.