Score another win for the city in court.
After a daylong hearing in which the bar owners sought a preliminary injunction against the ordinance, U.S. District Judge Gray Miller found that the city can regulate alcohol-selling businesses to protect the public health and welfare.
Miller said the plaintiffs, Crazy Frogs Saloon and the Houston Association of Alcoholic Beverage Permit Holders, did not meet the high burden required for an injunction.
In doing so, he rejected claims that the city's ordinance improperly or unfairly regulated the businesses, or that it was unconstitutionally vague.
"The city of Houston's smoking ordinance, in my view, does not conflict with the state law that regulates the sale of alcohol," Miller said. "The mere fact that Texas has enacted laws that regulate the sale of alcohol does not preclude the city from passing ordinances regarding establishments that serve alcohol. Otherwise the city could not impose regulations, such as a health code or noise ordinances."