A friend sent along the citation to an amusing new case: Taverns for Tots, Inc. v. City of Toledo, 320 F.Supp.2d 643 (N.D.Ohio 2004):
In summary, Taverns for Tots, ostensibly a nonprofit organization dedicated to raising money for children's charities, was formed on December 20, 2003. Two individuals--one of plaintiff's directors and a bar owner affiliated with plaintiff--testified at the preliminary injunction hearing on February 5, 2004 that Taverns for Tots was formed primarily as a means to enable smoking in bars and restaurants by taking advantage of the exemptions in the Clean Indoor Air Act for membership associations and private social functions. The City argued that plaintiff's charitable purpose--to raise money for needy children--was secondary to that primary goal of avoiding compliance with the anti-smoking ordinance; thus, the City contended, Taverns for Tots could not qualify as a membership association pursuant to the ordinance.
Bars had been holding Taverns for Tots "events" since December 20, 2003, at which smoking was permitted and to which any member of the public could gain admittance on payment of a one dollar lifetime "membership fee." According to plaintiff, because each nightly "event" was held under the aegis of Taverns for Tots and each person present possessed or had purchased a membership card, each of these "events" was sponsored by a "membership association" (namely, Taverns for Tots) under the Clean Indoor Air Act and was thus exempt from the ordinance.Clever. And I like the name too (query though whether Toys for Tots would have a trademark infringement action). In any event, the court had no sense of humor and issued an injunction banning the organizers of Taverns for Tots events from permitting smoking at such events. Sigh. Personally, I would have liked to see such a clever defense of private property rights rewarded.
