Va. Dep't of Health v. Kepa, Inc.
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Court: Supreme Court of Virginia Docket: 140100
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Opinion Date:
January 8, 2015
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Areas of Law: Environmental Law, Government & Administrative Law
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She-Sha Cafe and Hookah Lounge is a hookah bar that serves food
in areas where smoking occurs. In 2010, the Montgomery County Health Department
charged She-Sha with two violations of the Virginia Indoor Clean Air Act
(VICAA), which prohibits smoking in restaurants.
The Virginia Department of
Health upheld the violations, concluding that She-Sha was correctly labeled as
a restaurant and that none of the exceptions in the VICAA applied. The State
Health Commissioner and the circuit court upheld the violations.
A panel of the
Court of Appeals affirmed, concluding that She-Sha was not exempt from
regulation as a “retail tobacco store” because it was not operating exclusively
as such. The full Court of Appeals overruled the panel, concluding that
She-Sha, as a restaurant, was exempt from VICAA because it was also a retail
tobacco store.
The Supreme Court reversed, holding that She-Sha was not exempt
from regulation under the VICAA because it was not exclusively a retail tobacco
store.