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Huntington, West Virginia www.herald-dispatch.com Home Edition 50¢

SERV
ING THE TRI-STATE FOR

YEARS
Ruling allows smoking ban to take effect
By BRYAN CHAMBERS enforce it as soon as the judge “I have to look the alleged economic losses that “For all intents and purposes,
The Herald-Dispatch enters her order. The new regula- the ban might impose on them. she signaled her decision on it,
bchambers@herald-dispatch.com tion strengthens a 2001 law that at the overall “I have to look at the overall but that doesn’t mean we won’t

FRIDAY HUNTINGTON — Smoke and

ash trays in Cabell County bars
and gambling parlors will soon
March 5, 2010 become a thing of the past.
Cabell Circuit Judge Jane Hus-
tead lifted a week-old temporary
injunction on a new countywide
indoor smoking regulation Thurs-
day, which allows the Cabell-Hun-
tington Health Department to
prohibited smoking in all of the
county’s restaurants.
Fifty-five bars, video lottery par-
lors and veterans organizations
filed a complaint against the Board
of Health last week, arguing that
the regulation was arbitrary and
unreasonable and would force
them to close their doors.
While Hustead apologized to
well-being of this
community.”
Cabell Circuit Judge
Jane Hustead
bar owners before her ruling
and said she was sympathetic to
their concerns, she added that
the documented negative effects
of secondhand smoke outweigh
well-being of this community,”
she said.
Hustead did not rule on the
go forward on the declaratory
judgment action,” Crossan said. “I
don’t think it would have harmed
plaintiffs’ petition for a declara- the Health Department to keep
tory judgment, which asks that the ban in effect, but yet it will
the court void the new smoking harm our clients in the interim
regulation. Because of scheduling while the judge fully decides
reasons, the case could take 12 to everything on their merits.”
16 months, said Amy Crossan,
who represents bar owners. Please see SMOKING/4A

After 100 years,

Saturday win
C.M. Love to close
important to
men’s team
Marshall’s men’s
basketball team
wants a victory Curtis Johnson/The Herald-Dispatch
Saturday night at Christopher Stinson sits Thursday wait-
SMU to be in the ing for a plea hearing to begin in Cabell
right frame of mind Circuit Court.
entering the C-USA
tournament mid-
week in Oklahoma.
21-year-old
Sports / 1B

Marshall to
sentenced
present film in home
festival
The Marshall Art-
ists Series will
invasion
present the Spring Photos by Mark Webb/The Herald-Dispatch
‘He’s finally getting what
International Film Brian Agee, left, is assisted by Mike Sexton as he shops at C.M. Love Hardware on Thursday in Huntington. he deserves,’ victim says
Festival March 5-7
By CURTIS JOHNSON
at the Keith-Albee
in downtown Hun- Downtown hardware The Herald-Dispatch
cujohnson@herald-dispatch.com
tington. Six differ- store to make way HUNTINGTON — Christopher Stin-
son seemed both jovial and defiant as
ent films will play
during the weekend for new law offices he entered three guilty pleas Thursday
related to an Aug. 25, 2007, home invasion
festival. By CHRISTIAN ALEXANDERSEN that victimized five college students at an
The Herald-Dispatch off-campus residence.
Community / 1C calexandersen@herald-dispatch.com The 21-year-old appeared light-hearted
HUNTINGTON — C.M. Love & Co. at Thursday’s hearing in Cabell Circuit

Lawrence Hardware, a part of downtown Hunting-

ton for 100 years, will close its doors in
April, the owners said Thursday.
Court, freely talking to The Herald-
Dispatch and smiling for a photo, but an
aura of serious defiance was evident as
looking for In a prepared release, owners Gary
and Nancy Pommerenck said they
Stinson’s head shook side to side upon
hearing allegations and evidence linked
highway funds decided to sell out their remaining
lease so that Campbell Woods PLLC
to the charges against him.
Stinson entered three Kennedy-style
Lawrence County is can renovate and occupy all three lev- guilty pleas to first-degree robbery that
asking for U.S. Rep. els of the building at 1002 3rd Ave. The allowed for his conviction without him
Huntington law firm currently occu- confessing to any specific acts. He received
Charlie Wilson’s help pies the eighth, ninth and 10th floors of a 25-year prison sentence.
in obtaining $5 mil- C.M. Love Hardware announces it will close its doors in April, the owner said Cabell County Assistant Prosecutor
lion in federal money Please see C.M. LOVE/4A Thursday. The store has been a part of downtown for 100 years.
Please see STINSON/4A
for land acquistion
for the Chesapeake
Bypass project, also
called the Tri-State Retailers report strong gains for Feb.
Outer Belt. By ANNE D’INNOCENZIO !"#$%& '$&"' lessness and tight credit.
The Associated Press It marked the third consecutive
Region / 2A N E W YOR K — Shoppers
Shoppers shrugged off snow to
monthly sales increase for retailers,
buy spring clothes, showing most
shrugged off the snow and worries retailers modest gains in February. according to the ICSC.
Index about the economy to buy full-price Percent change in major retailersʼ sales The figures for sales at stores
Business 5B Local 3A
spring clothing and other items at compared to February 2009: open at least a year are an impor-
Classified 1D Movies 5C the nation’s malls, resulting in the February 2010 tant measure of retailers’ health.
strongest retail sales gain since “I am surprised by the broader
Comics 6C Nation 7A Limited Brands Inc. +10.0%
Crossword 2D Obituaries 2C November 2007, a month before the strength” in the figures, said Mike
Editorials 6A J.Spencer 4C recession started. Macyʼs Inc. +3.7% Niemira, chief economist at the
Horoscope 5D Sports 1B The upbeat news also helped Gap Inc. +3.0% ICSC, who had expected a 2 percent
Life 4C Television 5C soothe fears among some econo- increase. “Everyone is participat-
©
Champion Publishing, Inc.
Delegate: Housing bills biggest mists that weak consumer spending
might make the economic recovery
Target Corp.
Fredʼs Inc.
+2.4%
+2.0%
ing in this gain. And that’s a good
sign for the retail sector and for the

www.herald-dispatch.com legislative success this session short-lived.

A broad array of merchants, from J.C. Penney Co. +1.2%
economy overall.”
When the Great Recession began,

P
Huntington, West Virginia luxury retailer Nordstrom to mid- Stein Mart Inc. -9.3% shoppers had flocked to cheaper
Vol. 110 No. 64 assage of the two bills to help municipali- brow Macy’s Inc. to discounter NOTE: Sales include those from stores
stores from their higher-priced
ties address dilapidated housing and debris Target Corp., reported better-than- open for at least one year. Reporting rivals, but Thursday’s figures offer
removal is considered the biggest success so expected solid sales increases on periods vary slightly. clear evidence that consumers,
far this legislative session in the House of Dele- Thursday that beat Wall Street albeit still thrifty, are crawling back
analysts’ estimates. AP to their old higher-price haunts for
gates, according to Delegate Kevin Craig, D-Cabell. The overall 3.7 percent gain in Centers’s index of 31 merchants, certain items while still shopping
MORE ON 3A February, according to the Inter-
national Council of Shopping
came in the face of a decline in at discounters like TJX Cos. and
consumer confidence, high job- Target Corp.

c t at Kenneth R. Working to make a

De
e
El ocr
m ADKINS
Wayne County Commissioner
good county better!
206406

Paid for by Committee to Elect Kenneth R. Adkins, Kenneth R. Adkins III Treasurer.