Clearing The Air

Judge rules that smoking ban is unconstitutional

The full story is here.

Excerpt:

The status of the statewide smoking ban is unclear after an Adams County district judge declared the law unconstitutional. ..........although other courts can use it as guidance.

District Judge Robert Doyle said the ban is unconstitutional because it exempts cigar bars.

"There's really no reason to make a differentiation between a smoking bar, a regular bar, a smoking lounge and cigar bars," said Michael Martin, the lawyer for Oasis.

The inference then is that the smoking ban violated the equal protection under the law amendment.

The bigger picture and most likely challenge will be to any smoking ban where any exemption is made......tribal casinos here in Minnesota come to mind, they are exempted from a proposed statewide smoking ban here. But as I explained in an earlier posting, they cannot be exempt especially in light of this Minnesota Senate ruling.

I welcome bringing the tribal casinos into the debate......for they have the money to fend off the smoking ban lobby. And better yet.....the DFL leadership here in Minnesota is loathe to enact a ban if the tribal casinos are affected.

We'll pay close attention to this new method of reversing smoking ban laws.......

posted by marcus aurelius @ 6:14 PM