Sunday, April 15, 2007

Judge rules that smoking ban is unconstitutional

The full story is here.


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.......

Also visit our sponsors at bottom of webpage
  • Why a Non-Smoker Fights the Pro-Smoking Ban Lies
  • Is RWJF, a 501(c)3, violating IRS rules by funding pro-smoking ban lobbyists?
  • RWJF funds and promotes universal healthcare policies which are the basis for and primary objective of Obamacare
  • Boycott these special interests (J & J) who destroyed the hospitality industry & jobs
  • Is the smoking ban movement fueled by pharmaceutical nicotine interests?
  • Now that smoking bans have been implemented, what can be done?
  • How do smoking ban lobbyists profit from smoking bans?
  • Pharmaceutical interests project the alternative nicotine marketplace to be $4.6 billion +
  • WHO report secondhand smoke doesn't cause cancer
  • Do smoker's cost society more money than non-smoker's? NO
  • Do smoker's cost society more money than non-smoker's? Part 2
  • Why does UCSF researcher Stanton Glantz support smoking bans?
  • OSHA standards prove SHS is not a health hazard
  • Tired of the nanny-state, big, socialized, corrupt, government legislation coming out of our state and federal capitols these days? Vote Republican in November 2010 & 2012

    Thousands of Deadly Islamic Terror Attacks Since 9/11


    "Though we may not be able to protect your business property rights, we certainly support your Second Amendment Rights"

    Shop for Aircleaners

    Combustion Engine Emissions Eliminator (CE3)