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The government had appealed a Superior Court decision striking down $500 fines issued to three Quebec City theatres, Le Thtre du Trident, Le Thtre de la Bord and Premier Acte, that had allowed actors to smoke during performances between 2017 and 2019, arguing that the ban was justified because there is no safe exposure threshold for second-hand smoke in enclosed spaces. Harvie found that exposure to smoke during a theatrical performance would be limited and that the benefit achieved by the ban is in fact negligible. While the government had argued actors could simulate smoking, use fake cigarettes, or hold an unlit cigarette, Harvie didnt accept that argument, referencing testimony made by the director of one of the plays that led to a theatre being ticketed

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The price of the brand-name cigarettes in Berkeley and Washington counties fell in between, with the difference being an 80-cent gap between Maryland's cigarette-tax rate of $2 per pack and $1.20 in West Virginia

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