By Josh Brogadir | WNEP-TV | May 24, 2007

A months-old smoking ban in Scranton is history. A magistrate dropped charges against a popular diner and the city's enforcement officers will not be handing out anymore smoking citations.

First Chick's Diner owners were told they had to stop patrons from smoking in their diner. Now they and other restaurants are being told that the city's smoking ban is unenforceable.

Four and a half months after the city of Scranton said "no" to lighting up at most bars and restaurants, the smoking ban is effectively lifted.

Last month, the owners of Chick's Diner on Moosic Street were fined 4300 each. They later challenged the ban and filed a lawsuit against the city.

Commonwealth court ruled that local government in the Pittsburgh area can not supercede the 1988 Pennsylvania Clean Indoor Air Act with a smoking ban, and that includes Scranton.

"Absolutely, that's the ruling out of Pittsburgh, we'll abide by that, should be no mistake about it, that's the way it is. But no one should be mistaken for our commitment for good health and for the health of the people in our community," said Scranton Mayor Chris Doherty.

Another bar that's been cited is Whistle's Pub and Eatery on Franklin Avenue. The owner plans to plead not guilty to the smoking citations against him.

He declined to comment because he said his case is pending but he did repeat something he said before, that if a customer tried to light up a cigarette inside his business, he won't ask that person to put it out.

Even after citations against them were dropped by a magistrate, Chick's owners would not comment either.

Outside the diner, a long-time Scranton resident said he goes to Chick's everyday, smoking or non-smoking.

"Well I thought that if the state came in first, it would be okay. But the way they did it with the city going in first, it wasn't fair. They weren't playing on the same level," Jack Farrell said.

Other diners in the city supported Chick's and also favor lifting the ban.

"It's going to make our business go up a lot more. A lot of people stopped coming in because they used to come in here with coffee and smoke, read the paper and they stopped coming in," said Dartania Forish of Larry's Restaurant.

Now they hope their old customers will come back. They describe their financial situation as dire since January, with profits all but gone.

The story couldn't be more different a few blocks away at PJ'S Pub in the Hilton Scranton.

"I thought it was a good idea to go non-smoking to start with," said Charlie Shirk at the Hilton. Managers said they are not only thinking about the health of the customers, business has not dropped since the smoking ban took effect. Many people who drink there come from out of town. Even the locals have gotten used to stepping outside for a smoke.

As for the future of lighting up at PJ'S, even with an end to the ban? "We plan on staying non-smoking," Shirk added. "They can go and smoke outside."

Mayor Doherty said the city is hoping the state legislature will pass a ban that's Pennsylvania-wide.

City council is expected to discuss a change to the smoking ban it passed at the end of last year at its Thursday night meeting.

Originally published online here: http://www.wnep.com/Global/story.asp?S=6563895