Or not ...

On Wednesday, March 22nd, the highest court in the state of Massachusetts ruled that local boards of health can ban smoking in private clubs. The case centered around members of the American Lithuanian Naturalization Club of Athol, when a local judge ruled that the town of Athol did not have the authority to extend a statewide ban on workplace smoking to the hamlet's private clubs.

The Athol Board of Health, in passing the regulation, said private clubs should be bound by the same rules as commercial workplaces when it comes to protecting employees from secondhand smoke. The Lithuanian club, along with the Franco-American Naturalization Club and the American Legion Post #102, challenged the validity of the regulation, arguing that because they are private clubs and not generally open to the public, the board of health did not have the authority to prohibit smoking on the clubs' property.

Back in December 2004, a Superior Court judge ruled that the board of health did not have the authority to restrict smoking in private clubs since they do not directly affect the public. However, the Supreme Judicial Court ruled that the 2004 law establishing the statewide ban on workplace smoking "expressly permits" additional smoking regulations by local authorities.

Furthermore, the Supreme Judicial Court said, the Legislature had sound reasons for leaving the regulation of membership associations to local authorities due to the wide variety of private clubs in the state. Some clubs have employees, others invite members of the public and guests, while others are strictly for members only.