By Stephanie Nazzaro
Associated Press Writer
Friday, Jan. 26, 2001; 5:13 p.m. EST

WASHINGTON –– A Maryland judge Friday halted enforcement of what is believed to be the most restrictive anti-smoking statute in the nation.

Montgomery County Circuit Court Judge Nelson Rupp issued the temporary restraining order against the village of Friendship Heights, a suburb of Washington, D.C.

Late last year, the Montgomery County Council approved a village statute banning smoking in all public places, including sidewalks and streets.

The lawsuit, brought by a citizen, challenged the village's authority as a special taxing district to pass such a law.

In issuing his restraining order, Rupp also set a full hearing on the smoking ban for Feb. 15.

"We're disappointed, but we're not surprised, and we'll defend ourselves," said Friendship Heights Mayor Alfred Muller.

Muller said the village has the right to draw up regulations dealing with police and health matters, which are then reviewed by the County Council.

The council voted 5-4 to approve the ban Dec. 12.

Under the statute, first-time offenders caught smoking or discarding tobacco products on village property would receive a warning. A second offense would result in a $100 fine.

Muller said the village was mailing out information on the statute and printing signs when the injunction was issued. He said no citations have been written.

"They're enjoining us against doing something that we haven't been doing," Muller said.