
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, April 18, 1991                   TAG: 9104180199
SECTION: BUSINESS                    PAGE: B-5   EDITION: METRO 
SOURCE: 
DATELINE: RICHMOND                                LENGTH: Short

PHILIP MORRIS WINS FIRST SMOKING BATTLE

Philip Morris Co. on Wednesday won the first round of a court battle over its refusal to post no-smoking signs at its Richmond tobacco plant. But an anti-smoking activist said she would appeal the General District Court ruling to the Circuit Court.

Judge Walter Stout said the Virginia Group to Alleviate Smoking in Public (GASP) failed to prove the giant tobacco manufacturer violated the state's public smoking law.

"You need to establish a factual basis for your case," Stout told Anne Morrow Donley, GASP's Virginia director. "It's not been done today."

GASP said the law requires that no-smoking signs be posted at indoor service lines and cashier areas, including those at the tobacco plant's gift shop and tour information counter.

Lonnie D. Nunley III, an attorney for Philip Morris, said the law is unconstitutionally vague. It is not clear whether stores as small as the gift shop are covered or what an indoor service line means, he said.

Judy Jones, a spokeswoman for Philip Morris, said the company "was very gratified by the court's decision." The lawsuit "was a frivolous publicity stunt," she said.

- Associated Press

by CNB