Court of Appeals of Texas, Eighth District, El Paso
from 384th District Court of El Paso County, Texas (TC#
Panel No. 4 Barajas, C.J., Larsen, and McClure, JJ.
CRAWFORD McCLURE, JUSTICE
Woodall appeals from an order denying habeas corpus relief.
At issue is the facial constitutionality of the municipal
anti-smoking ordinance. We affirm.
2001, the City of El Paso adopted an ordinance which
prohibits smoking in all enclosed public places within the
city, including food establishments, nightclubs, and bars. El
Paso, Tex., Code § 9.50.030(7)(2001). It is unlawful for
any person to smoke in any area where smoking is prohibited.
El Paso, Tex., Code § 9.50.130(B)(2001). It is also
unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to
regulation under this chapter to fail to comply with all of
its provisions. El Paso, Tex., Code § 9.50.130(A)(2001).
A person who is found guilty of violating the anti-smoking
ordinance is subject to the following punishment:
1. A fine not exceeding one hundred dollars for the first
2. A fine not exceeding two hundred dollars for a second
violation within a one year period of the first violation;
3. A fine not exceeding five hundred dollars for an
additional violation within a one year period of the first
Paso, Tex., Code § 9.50.130(C)(1)-(3) (2001).
City of El Paso enacted the ordinance for three stated
purposes: (1) to improve and protect public health by
eliminating smoking in public places and places of
employment; (2) to guarantee the right of nonsmokers to
breathe smoke-free air; and, (3) to recognize that the need
to breathe smoke-free air shall have priority over the choice
to smoke. El Paso, Tex., Code § 9.50.010 (2001).
is part-owner of the Naked Harem Nightclub in El Paso and the
land on which it is located. Prior to adoption of the
City's anti-smoking ordinance, Woodall had permitted both
employees and patrons to smoke in the restrooms
the nightclub. On January 21, 2003, Woodall was smoking in
the club when Officer Lance Lanahan of the El Paso Police
Department approached and asked her to extinguish the
cigarette. When Woodall refused, Lanahan issued her a
citation for violating the ordinance by smoking in an
enclosed public place.  Lanahan did not observe anyone else
smoking a cigarette in the nightclub. Woodall signed a
promise to appear before a municipal court judge.
subsequently filed an application for writ of habeas corpus
in district court challenging the constitutionality of the
anti-smoking ordinance. The district court issued the writ,
but after conducting a hearing on ...