by Mindy Aguon, KUAM News Friday, June 09, 2006 Subscribe to Mindy's newsfeed   E-mail this article Printable version KUAM Toolbar Web Widgets Get RSS headlines

When you head to a local restaurant this weekend, remember there's no smoking. And in addition to considering that, remember Natasha Perez, the young girl for whom the Natasha Protection Act was named. Superior Court Judge Steven Unpingco issued an order dismissing Attorney General Douglas Moylan's lawsuit that questioned the constitutionality of the Act.

The judge's decision comes hours after the AG and Attorney Mike Phillips presented arguments on the constitutionality of the Act. Moylan argued the Act could not be enforced and requested the judge clarify the Legislature's intent. "This law will be enforced if the court chooses not to rule on it," the AG maintained. "As we pointed out in court we're going to be back with a lot of different people coming in with their attorneys litigating the question that we're trying to have amicably and dispassionately resolved today."

Attorney Phillips argued the Act should be implemented immediately. He didn't believe the Attorney General had standing to bring the case - something the judge agreed with in his decision. Additionally, the judge determined there was no controversy in the case. Said Phillips, "Since the AG and the Department of Public Health and other related departments have said they can't enforce the statute, then really nobody has anything to fear and that's what we argued to the judge there's really no controversy because there's really no threat of harm."

The judge's decision also vacated a previous temporary restraining order lifting the stay, which means effective today there is no smoking in restaurants. The AG will appeal the case.

On a related note, Perez passed away today, but Attorney Phillips says this day will go down in history, saying "We have lost a hero in our community and today is also the first day of the implementation of the Natasha Act."