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CLAYTON  • A Clayton resident has challenged in federal court the city's ban on smoking in parks and some other outdoor places.

Arthur Gallagher, a resident and a smoker, filed a suit Wednesday in U. S. District Court in St. Louis. The suit argues that the ban is unlawful and denies him his constitutional rights.

The suit has been filed by attorneys W. Bevis Schock and Hugh A. Eastwood.

The attorneys and Gallagher will hold a news conference at 3 p.m. in front of Shaw Park to explain their points and plan to be smoking. (It would be legal on the street, but not in the park.)

The city of Clayton recently enacted an ordinance criminalizing outdoor smoking in its city parks, garages and certain other venues. Penalties are up to a $1,000 fine and 90 days in jail.


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