Legal Question in Constitutional Law in Pennsylvania
Smoking Bans
Are smoking bans federally and state unconstitutional? Based upon the First Amendment, whereas ''the right of the people to peaceably assemble'' and if the owners of the establishments owner of the establishment permitts the assembly of smokering public. Plus the rights of smokers to smoke in public goverment buildings due to the taxes derived from taxes collected by tobacco sales.
1 Answer from Attorneys
Re: Smoking Bans
The right to assemble does not include the right to perform otherwise illegal actions while assembled. We all must obey the law when assembled just as we must when alone.
Paying taxes likewise does not give people the right to break the law in government buildings. I'm sure you wouldn't think it legal to violate other laws just because you're in a publicly-owned building, and there is no reason tobacco laws should work differently.
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