The Teton Health District filed a motion Thursday to dismiss a lawsuit challenging its Smokefree Air Rule.

Flat Creek Development, which owns the Virginian Saloon, and three nonprofit organizations did not make an adequate argument that the district doesn’t have the authority to ban smoking in public places, the motion alleges.

“We filed the motion to dismiss because we don’t think it rises to the level of actual suit,” said Keith Gingery, attorney for Teton County and the health district.

The Teton District Board of Health voted in March to enact a smoking ban, which went into effect May 23, for all public places, including bars, restaurants and places of employment. Tobacco Row was given an exception to the rule.

Flat Creek Development teamed with the Wyoming Contractors Association, Wyoming Trucking Association and the State Liquor Association to file a lawsuit challenging the validity of the ban the day before it went into effect.

The lawsuit has not affected the status of the ban.

The health district argues in its motion to dismiss the lawsuit that the state Legislature granted local governments the authority to create health boards and bequeath certain powers to them.

Teton County commissioners gave the Teton District Board of Health the authority to “enact rules and regulations pertaining to the prevention of disease and the promotion of public health,” the motion says.

The board heard testimony before enacting the Smokefree Air Rule that secondhand smoke causes cancer, cardiovascular disease and respiratory disease and acted within its power when it adopted the smoking ban, according to the motion to dismiss.

“The plaintiff challenges the constitutionality of the Smokefree Air Rule, but fails to challenge the constitutionality of the Wyoming statute that grants the power to enact” it, the motion says.

The original suit argues Wyoming law “prohibits elected bodies from delegating municipal functions other than those that are purely administrative.” It also argues the rule is inequitable because it doesn’t prohibit smoking in one’s home or private vehicle.

The lawsuit alleges the rule violates the Fifth and 14th Amendments to the Constitution, though it is not specific about how.

“They challenged the wrong thing,” Gingery said. “The Legislature gave us this authority. If they don’t think the health district should have this authority, then their issue is with changing the minds of the people who made the law.”

Frank Hess, attorney for the complainants, could not be reached for comment Friday.

– Traci Angel contributed to this report.