Erie County Judge John Bozza has denied a request by Erie County to reconsider his original order, throwing out the county's smoking ban.
Now, the county is expected to appeal Bozza's decision to the Pennsylvania State Commonwealth Court.
Judge Bozza's March 2nd injunctive relief order stopped the county-wide smoking ban from taking effect after Bozza granted two tavern owners request for a permanent injunction.
That injunction prevented the county-wide smoking ban from taking effect as scheduled on March 15th.
The judge said the Pennsylvania Clean Indoor Air act overruled county council's local smoking ordinance.