Among the lunch crowd at Mitchell's Bar & Restaurant, Downtown, loyal patrons know they can have a smoke with their beer or burger without anyone flashing them a nasty look.

It was no different yesterday at 2:30 p.m. as 15 regulars lingered at a reserved table, celebrating the holidays, teasing friends, sipping cocktails and puffing on cigars.

James G. Mitchell would like his family's 100-year-old restaurant to stay that way. So, together with his lifelong friend, John Petrolias, owner of the Smithfield Cafe at 639 Smithfield St., Mr. Mitchell sued Allegheny County and Chief Executive Dan Onorato this week, requesting an injunction to halt an ordinance that bans smoking in restaurants, taverns and social clubs with 10 or more employees. It is set to take effect Jan. 2.

Common Pleas Judge Michael A. Della Vecchia fast-tracked the case, calling for a pretrial conference yesterday morning, less than a day after the restaurant owners filed the lawsuit. He set a trial date for Dec. 18 and asked the attorneys to file briefs next week.

The restaurant owners are not seeking monetary compensation, but rather claiming the ban would cause "irreparable harm" to their businesses.

"We do what the customers want, not what some politician wants. This is a free country, this is free enterprise," said Mr. Petrolias, 70, who owns the 280-seat Smithfield Cafe and has worked there since he was 8.

Mitchell's patron Joseph Skundrich, a 56-year-old carpenter from Lawrenceville, said he applauded the lawsuit. He smokes 2¹/₂ packs a day and thinks it's easier for nonsmokers to "put up with a little bit of smoke" in the nonsmoking section than for smokers to quit.

"The policy behind [the ban] is good public policy," said county Solicitor Michael H. Wojcik. "It's appropriate to protect workers' health and restaurant patrons' health by banning smoking.

"The judge has to decide whether Allegheny County has the power to pass its own smoking ban or whether that power is exclusively the state's," he said.

Judge Della Vecchia must decide if the county overstepped the provisions of the commonwealth's Clean Indoor Air Act, which says no cities, counties or municipalities can pass additional regulations on indoor smoking.

A provision tucked into the fine print of a 1998 construction law repealed the prohibition on local ordinances tightening smoking regulations, Mr. Wojcik said.

County Council passed the ban and Mr. Onorato signed it Nov. 4.

Since then, the county Health Department has been accepting exemption requests and has received 19 applications thus far from small taverns seeking waivers.

Spokesman Guillermo Cole said, however, that the department plans to begin enforcing the ban after the new year unless Judge Della Vecchia instructs them to do otherwise.

Cindy Thomas, from the anti-smoking group Tobacco Free Allegheny, said a similar ban took effect in Philadelphia a few months ago. She does not believe rights are being violated by banning smoking at businesses.

"There is no constitutional right to smoke. We regulate behavior that may cause harm. Drinking is legal, but we regulate drunk driving," she said.

The restaurants that joined forces to oppose the new law are well-established watering holes that have catered to a colorful lineup of Downtown diners. Both were founded by families from the village of Vlahokerasia in Greece.

Mitchell's, established by Gust "Papoo" Micholopoulos at 100 Wylie Ave., Hill District, celebrated its centennial at its current home, 304 Ross Street, in October, around the same time County Council approved the smoking ban. The restaurant seats 130 in a nonsmoking area upstairs and 80 to 90 downstairs, where smoking is permitted.

Mr. Micholopoulos sponsored Mr. Petrolias' father when he immigrated as a young man and gave him his first job at the restaurant. In 1933, the elder Mr. Petrolias opened the Smithfield Cafe, which counts federal judges, pro athletes and politicians among its patrons.

Before the smoking ban is scheduled to take effect, sometime in the next week or two, Mr. Petrolias said, "we will be serving our 10 millionth customer. The winner will receive free lunch at the cafe for a year."

Both restaurant owners declined to comment on the lawsuit. Their attorneys could not be reached yesterday.

Mr. Wojcik said he was not surprised by the lawsuit and would not be surprised if other tavern owners attended the hearing.

"[They] might come out of the woodwork because this was a closely-watched piece of legislation," he said.