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VFW ordered to quit allowing people to smoke

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February 4, 2008

MONTPELIER, Vt.—A VFW post that had defied Vermont's ban on smoking in public places has been ordered to stop allowing people to light up inside.

Caledonia Superior Court Judge Thomas Zonay ruled Thursday that the law -- which was amended in 2005 to include buildings owned by social and fraternal organizations -- prohibits smoking at the VFW in Lyndonville and ordered its officials to stop allowing it and to eject anyone who refuses to comply.

He found the VFW post to be in violation for allowing smoking in its bar area, despite the ban. The state sued on behalf of Health Commissioner Sharon Moffatt, saying it was a public area and therefore subject to the ban.

"We certainly respect the veterans for their service to our country, but they are not above the law," said state Attorney General William Sorrell.

VFW officials could not be reached for comment. A telephone call seeking one was not immediately returned late Monday.

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