Randolph Circuit Court Judge Jay Toney will preside over a lawsuit aimed at overturning Delaware County’s recently enhanced smoking ban.
Toney was appointed to the Delaware Circuit Court 3 case Wednesday. He will be asked to rule on a request for an immediate injunction that would at least temporarily set aside the ban, which went into effect Aug. 11.
Unlike a county l&m smoking ordinance enacted in 2006, the new measure also prohibits smoking in bars and fraternal lodges.
In late July, attorney Bruce Munson filed a lawsuit against the ban on behalf of the Delaware County Licensed Beverage Association, AmVets Post 12, American Legion Posts 19, 167, and 446 and Low Bob’s Tobacco.
Judge Linda Ralu Wolf recused herself from the case, creating the need for appointment of a special judge. Wolf noted her husband is a longtime member of AmVets Post 12.
No hearings related to the case have yet been scheduled.