Framingham Restaurant Association v. Town of Framingham and Board of Health

Obtained order affirming Board of Health’s broad powers.

Issue

Does a Town’s Board of Health have the right to prohibit smoking in restaurants and bars?

Challenge

The Framingham Restaurant Association filed a preliminary injunction motion seeking to prevent the Board of Health from implementing a regulation imposing a 100% bar and restaurant smoke-free ban given that a town meeting vote had rejected a proposed bylaw change to achieve the same smoking ban.

Outcome

Defeated motion for preliminary injunction and obtained an order affirming the Board of Health’s broad power to promulgate reasonable health regulations, including a Town-wide 100% smoking ban in bars and restaurants, notwithstanding a prior town meeting vote rejecting a change to Town bylaws requiring such a ban.