ATTLEBORO -- The state Supreme Judicial Court's ruling earlier this week that municipal health officials can decide whether to ban smoking at private clubs will likely expedite the city's long-pending case against the Moose Lodge.

Dr. Christopher Quinn, Attleboro's health officer, said Friday that he and Health Agent Jim Mooney will file for a summary judgment in that case.

`` We will be asking the judge to make a determination regarding the Loyal Order of Moose,'' whose club is located on Thacher Street, he said.

Ray Bedard, governor of the Moose Lodge, said the ruling is not good news for lodge members, many of whom smoke.

He also said that he expected the city would move quickly in light of the SJC's ruling, but wasn't happy about it. The private fraternal club sought, and was granted, a preliminary injunction against the city in March 2005 in Bristol County Superior Court, which allowed the lodge to continue to allow smoking `` until further hearings were held,'' Quinn said.

The injunction was sought after lodge and health department officials were unable to hammer out differences in the wake of a statewide smoking ban that was passed in 2004.

A lodge spokesman at the time said the requirements by health officials represented an infringement on privacy and other rights and were unreasonable.

The club was facing a minimum of $950 in fines for failing to meet city regulations requiring a ventilation system that funnels tobacco smoke out of the building. The club was also accused of allowing minors in an area where tobacco smoke was present.

A city regulation on the books since 1996 imposes strict air-quality standards that require highly efficient ventilation systems, Quinn said.

`` The regulation is there to protect not only patrons, but workers,'' he said. `` The Elks and all of the others abide by it, and we were trying to get the Moose on board.''

`` Obviously the ruling by the state's Supreme Judicial Court will probably expedite the process for the city health department to get a summary judgment'' that would require the lodge to either ban smoking or to upgrade its ventilation system, Quinn said.

Even with an upgraded system, he said, no one under age 18 would be allowed in the lodge if smoking is allowed.

Bedard said the ventilation system has been upgraded and said he wished private clubs would be recognized as such in the city.

`` We're a private club, we have private members and only members have access cards,'' he said. If smoking is banned at the lodge, Bedard said it will likely mean the loss of members.

The recent ruling by the state's highest court came more than a year after the town of Athol tried to ban smoking in several private clubs. Three of the clubs, including the American Lithuanian Naturalization Club, fought the decision and won at the Superior Court level. Town officials appealed that decision to the SJC.

In its ruling, the SJC stated that the public health board has the responsibility of protecting the health of every member of the community, and at times private clubs are open to the public.

It also noted that the Legislature left some discretion up to local health officials under the 2004 smoking ban allowing them to impose further regulations.