Mineola, NY-Nassau County Deputy Presiding Officer Roger Corbin (D-Westbury) announced today that United States District Court Judge Dennis Hurley has refused to issue a temporary restraining order against the County's new smoking ban, after bar and restaurant owners, led by big tobacco lobbyist Arthur "Jerry" Kremer, sued on Tuesday to overturn the law.

"This is good news for the health of workers in Nassau County, and a blow to Big Tobacco," said Legislator Corbin. "I believe that this lawsuit is being bankrolled by big tobacco, but I am confident that our smoke-free workplace law will withstand constitutional scrutiny."

A preliminary injection hearing is scheduled for March 20 during which both sides will appear before the judge to offer arguments. Plaintiffs, including the Garden City Hotel and several diners, argue that the law was adopted in violation of certain zoning laws, failed to include an environmental impact study, and did not override the old law.

The Nassau County Legislative Majority passed the law back in October 2002 and it went into effect on March 1, 2003, 30 days before New York City's will be implemented.

"We won't back down from big tobacco," Corbin said.