Blackbear

Subject: Judge Tosses UCE Request To Enforce Smoking Law

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FROM: THE SYRACUSE POST-STANDARD NEWSPAPER

http://www.syracuse.com/news/poststa.../1118997547217
60.xml&coll=1

Judge Tosses UCE Request To Enforce Smoking Law

Friday, June 17, 2005

By Glenn Coin
Staff writer

A judge Thursday dismissed, on a technicality, legal action claiming that
Oneida County allows smoking to go unchecked at Turning Stone Resort and Casino.

State Supreme Court Justice David Grow said he had no choice but to dismiss
the action, filed by the Upstate Citizens for Equality. Grow said David
Vickers, president of UCE and the lawyer representing the group in the case,
hand-delivered the legal papers to the Oneida County Health Department. Under court
rules, the person who serves papers against the defendant can't be a party in
the case.

Vickers said he will file the case again. This time, he said, his case will
be stronger.

The legal action demands that Oneida County treat Turning Stone as it treats
other businesses under the state's no-smoking law. County officials have taken
no action against the nation-owned Turning Stone.

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