Originally Posted by AustinChief
No, I was saying that basing the legal validity on the notion of "public nuisance" won't hold water. Public health or safety is another matter. I don't think most bans pass muster in this regard either but it's much hazier.
You maybe right on that.
There is now 12 states that have passed smoking bans state wide and Ohio Supreme Court just upheld the Ohio Smoke Free law this past year.
So I guess I was right, courts have sided with states and cities that they have the right to pass these laws which was my point all along.
On May 23, 2012, in a 7-0 decision, the Ohio Supreme Court upheld the constitutionality of the Ohio Smoke Free Workplace Act (“Act”). The Court rejected the claims of a privately owned establishment that the $33,000 fines assessed against it “exceeded the state’s legitimate police powers or were an unconstitutional governmental taking of private property.”
The Act, which became effective in December of 2006, prohibits owners of public places of employment from permitting smoking on their premises. In addition, the Act allows the Ohio Department of Health and designated local agencies to enforce the ban via significant fines and penalties.
Given the Supreme Court’s decision yesterday, this is an excellent time to ensure that:
- Your offices or operations in Ohio have a “No Smoking” sign at all of their entrances;
- You have a written policy compliant with the prohibitions under the Act;
- Your employees are trained about the policy and empowered to address violations; and
- To the extent that your company permits smoking on company property, the authorized smoking is limited to those places and in those manners permitted under the Act.
The Kansas Supreme Court has upheld the constitutionality of Lawrence's smoking ban.
In an opinion released this morning, the court sided with the city on all matters that had been challenged by Lawrence bar owner Dennis Steffes.
Lawrence's ban on smoking has been in effect since July 2004. It had been challenged by Dennis Steffes, owner of Last Call and Coyote nightclubs, who said the ordinance is unconstitutionally vague and illegally supercedes state law.
But city officials said they have the authority to establish a smoking prohibition inside businesses based on local government's home-rule authority to protect the health and safety of citizens. The Kansas Supreme Court agreed.