|A smoker in the Bullitt County Judicial Center last month.|
(Photo by Dana Rieber, special to The Courier-Journal)
Fiscal Court members did not think the health board had the authority to pass such a regulation, and have appealed a state Court of Appeals decision to the contrary, Cedra Mayfield reports for WAVE-TV. "We all agree that an administrative body can pass regulations that regulate that administrative body, but it is the county's position that only a legislative body can pass a law," said Bullitt County Attorney Monic Robinson.
The effect of the ordinance on the lawsuit, now before the state Supreme Court, was not addressed by either news report. The health board could ask that the case be remanded to circuit court, where it could challenge the fiscal court's authority. The situation worries county health directors in Kentucky, who fear fiscal courts might try to override other types of local health regulations.