The City Council introduced a city smoking ordinance in 2010. O’Day had attempted to argue that the ordinance was unconstitutional because it treated bars unfairly compared to other businesses. But the motion to challenge the constitutionality of the ordinance was denied by Judge James Stewart. During West’s jury trial, O’Day successfully argued that the city could not prove that West knew people were smoking inside Harley’s Pub, given that the bar was busy at the time.
O’Day has been on something of a crusade against the smoking ban. He took cases against the state smoking ban pro-bono and has now taken on the city’s smoking ordinance, although he is now charging those he defends. O’Day does not smoke himself but said he believes bar owners have the right to allowing smoking on their premises.
For every ten lawyers I despise there is one I respect.