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Company Press Release

Suffolk County Restaurant Owners Challenge Smoking Law in Court

NEW YORK, July 2 /PRNewswire/ -- Suffolk County restaurant owners filed a legal challenge today to the county's ban on smoking in bar areas of restaurants. The suit, filed in the Eastern District of the U.S. District Court, seeks to enjoin enforcement of the law and to have the ordinance declared unconstitutional.

Eight restaurant owners have joined the suit which argues that Suffolk's new smoking ordinance violates their right to equal protection under the U.S. Constitution by allowing smoking in stand-alone bars while banning smoking in the bar areas of restaurants.

``The ordinance unfairly places restaurants with bar areas at severe competitive disadvantage to our competitors with stand-alone bars,'' said Richard Stafford, owner of The Sayville Inn.

``The new law will cause immediate economic harm to Suffolk establishments impacted by the law,'' said Ken Novikoff, a partner with the Uniondale, New York law firm of Rivkin, Radler & Kremer, the lawyers representing the restaurant owners. ``The continued enforcement of the smoking ban will cause many smaller restaurants to lay-off workers and will very likely put many of them out of business completely. We will ask the court to enjoin enforcement of the regulation to give business owners a level playing field while the court is considering this case on its merits.''

Restaurant owners are seriously concerned that the regulation will drive business from their establishments into those bars and taverns that can accommodate smokers. East End businesses who rely on a seasonal business will be especially hurt by this new law.

``The success of my business depends on my ability to accommodate both smokers and non-smokers,'' said Richard Stafford. ``If my smoking customers take their business elsewhere, my business will suffer losses that I won't be able to recover.''

Rivkin, Radler & Kremer, Long Island's largest law firm, has six offices throughout the United States, including Uniondale, Long Island; New York City; Newark, New Jersey; Chicago; and Pasadena and Santa Rosa, California.

SOURCE: Rivkin, Radler & Kremer