Legal Question in Civil Litigation in Indiana

smoking ban

i own a small business, family owned and operated .their trying to pass a no smoking law everywhere . can they do this to us independent business owners . ps.. it`s not about the smoking it`s about ours rights thank you

Asked on 8/24/06, 3:41 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: smoking ban

The federal government and all the state governments have legislation that bans the private possession or consumption of marijuana, cocaine, opioids, and many other "controlled substances." These bans have been upheld upon constitutional challenge for the reason that there is a "legitimate state interest," namely the health and welfare of the citizens, in controlling the various substances. This interest in the health of citizens is balanced against various other private rights, and the health interest prevails. There is ample evidence to show the ill-effect of the use of tobacco products, so to answer your question, the government ban of the use of such products in places of business where the public has access is constitutional. In such cases, individual private rights are subordinated to the general welfare.

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Answered on 8/25/06, 10:53 am

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