Madisonville, KY – The Hopkins County Board of Health has denied a lawsuit that claims it lacks the constitutional power to enact a county-wide smoking ban. Officials filed a document in Hopkins Circuit Court Friday that states the health board has the authority to do all things reasonably necessary to protect and improve the health of the people. The Madisonville Messenger reports businessmen Thomas Richardson and James Haulk are suing the board because they say the ability to enforce a smoking ban belongs to elected officials. The plaintiffs are also seeking an injunction to the ban. A hearing, originally scheduled for today, has been delayed, but not yet rescheduled.