Do you think banning smoking in resturants is unconstitutional?

Showtunes

I want to know what happened to private property?
It used to be a sacred part of our country, not they can take away your right to allow smoking in your business, on your property, and even just flat our take your property to give for business development.

Unconstituational? Yes, of course!

I dont have a right to smoke anywhere I want to. I dont have a right to blow it in your face.

However, if I have a store and I want to allow smoking in my store I do have that right. You arent forced to go into my store! You should not be allowed to tell me I cannot smoke in my store, or to tell my customer's that they cannot.

I am respectful about where I smoke, I only ask that you be respectful about about where you allow me to exercise my freedoms as well.

If people will take a stand then many places will go non-smoking and do fine, while many places will go sectioned and do just as well. I understand people dont want to be around it. When I have my kids I dont hang out around smokers. I dont touch a cig when my kids are around, I will frequent non smoking places then and smoking places other times.

Proud to be an AMERICAN

It's not unconstitutional, but it may well be a silly law. There is no basic right protecting businesses from government interference. states have fairly broad discretion to enact laws.

Many dumb laws are not unconstitutional. All you can hope for is to influence the legislature to repeal them.

some polisci major

Where in the constitution does it say the federal government can't mess with business?

Besides, smoking bans are a local issue.

Barkley Hound

You are wrong. The constitution says nothing about messing with business. Please give the specific quote.

The constitution specifically states that anything not in it is reserved to the states. That gives the state to power to pass any law it wants about smoking.

American Hero

I think you need to re-read the Constitution, especially the 10th Amendment.

Such a ban is not in the Constitution, so it is up to the states to decide whether or not to make it illegal. If your state passes a law, and you don't like it, move.

Reported for insulting my belief

Yes, it is. Let the restaurant decide. I am a non-smoker, if I do not want to be around smoke I will not go to those places.

smellyfoot â„¢

I think that private business owners should be allowed to conduct their business as they see fit - as long as everything is legal. Smoking is legal. If a restaurant owner wants to have a smoking section, the government should not be able to tell them that they can not.

Unconstitutional? Probably - but seems they only use the Constitution to wipe their *** up their in Washington.

Dowahdiddy

BRAVO!!!

You must live in California. It's not quite that bad here but we have some of those "regulations" here. They make these laws but they never enforce them. We're not supposed to smoke 10 feet from a business door so every time I have to go outside to smoke (especially when cops pass by) I stand right next to my business door.

I have two words for the people who make these laws and the laws themselves; Zieg Hiel!

bunny h

RÐµdisca

Where in the Constitution does it say the government can't "mess with business"? Gee, the copy you have must be different from the one I have, 'cause mine surely doesn't say that. In fact, my copy of the Constitution says exactly the opposite: the federal government has the power to regulate interstate commerce, and the states can regulate business pursuant to their general police power. So there you go, ConLaw pre-101.

If you are possibly referring to the Contract Clause, I fail to see your reasoning. Are you saying that there is a contract between smokers and restaurants which pre-exists the smoking ban? Could you elaborate on that?

Daniel R

biogeek42

Unconstitutional? No. There's no guarantee in the Constitution about smoking in restaurants.

Adam C

I know, I'm not a smoker but I don't like those kinds of laws. In some states you can't even smoke in your own car!

Brian s

Personally, I'm a smoker, and I have no problem with restaurants banning smoking. I hate trying to eat, and all I can taste is cigarette smoke. The problem I do have is smoking being banned at bars. I do feel this decision should be left up to the owner of the establishment, not the government wheather local or federal. It is just another case of the government interfering with our personal rights. If someone wants to light up a smoke in a restaurant, I say let them do it. If people don't like it, go somewhere else.

Nick is Asian

i personally think it should be up to the business, but im fine with the governements plan. for all you people who smoke, think how your smoke affects other people. many people are allergic to tabaco smoke, and most people who dont smoke hate it.

nom de paix

It is not unconstitutional. There is no right to smoke. I don't smoke, but I did not vote for the ban in my state. But it is also nice not having to smell smoke. Most smokers wave their cigarettes around like it is some kind of holy incense everyone desires as much as they do.

legaleagle

I don't recall the clause in the Constitution that says that government "can't mess with business." Banning smoking in public places is a measure of the police power to protect the welfare of the people. Given that cigarette smoke tends to detrimentally affect not only the smoker, but also those who breathe the second-hand smoke, there is nothing unconstitutional about it. Sorry, but I disagree with you completely.

P.S.--I have been a smoker for almost 40 years, and while I recognize my right to smoke, I also recognize others' rights not to.

Fern O

A responsible government had to step in and clean up the asbestos problem in schools because it was making our children sick. Is that constitutional? How about assisted suicide? Betsy S, the problem is we need to stop babysitting smokers, if you want to smoke go outside. The arguement of telling someone to find another job somewhere else is typical of an ideology that needs to be scrutinized. Smokers can go any place they choose, so long as they follow the established rule, but no-smokers have to go to only places that are chosen for them. There's a bar in my town that sells quality foreign draft beer that I would like to try, but they allow smoking which why I don't go there. Finally the state has passed a smoking ban. I can now go there and enjoy one of those draft beers. This issue as far as I'm concerned is a no-brainer. Lose your mind and come to your senses.

Drake

Sorry, but you do not have a right to smoke. These are what we call privileges, not rights.

USAFdixiegirl

It's not in the constitution that the government can ban smoking in public places - and I hate that they're trying to - not because I smoke but because my husband does and when we're out at a bar or a club he has to go outside to smoke, and some of those times I don't want to go outside with him - but I'm a little too paranoid to hang out by myself by the bar or out on the floor, so I get drug outside with him so he can smoke - I think they should have clubs and bars that prohibit smoking and there should be some that don't - that way if you wanna go out and smoke, you're not getting shorted because everywhere you wanna go has banned smoking, and if you don't wanna be around smoke, you can go to the same kinda joint without griping about how horrible cigarette smoke is for your health...what about all the rest of the crap we get stuck breathing in - gas fumes and such - is that perfectly healthy for you too? I read something the other day that talked about VOC's - volitile organic compounds - which can greatly affect your lifestyle including symptoms like nausea, eye skin nose and throat irritations, and migraines that can be found in everything from home cleaning products to fabrics that could be on your bedsheets! Aren't those the same kind of symptoms people "stuck around smokers" complain about? So ok secondhand smoke has been proven to be harmful for people in the longrun yes, but what about these VOC's that we're around, some of us probably 24/7? What about the effects of those? You don't want to be around cigarette smoke, don't be around it, but people who have chosen to do it shouldn't be punished. From watching my husband try to quit - it's probably easier for the person complaining to just go somewhere else than for a smoker to try and quit.

obracer12

no, there is no amendment that allows freedom of smoke, and it does endanger other patrons maybe not short term (unless breathing disorder) but in the long run, and if it didn't effect others around you it wouldn't be a problem, but as it is a skin, eye, nasal, and respiratory irritant to most people who do not smoke then it should be banned from public enclosed areas, but on for example a bar deck, it should be allowed, as long as there is open, moving air it should be fine

Henry VIII

There is nothing one way or the other specifically addressing the use of tobacco products in the Constitution. Therefore it is up to each state to regulate it as they see fit.

As a non-smoker let me tell you that I do not wish to have any part of your filthy habit. If you want to kill yourself that is your business, just don't involve me or my family.

When I go to a restaurant I want to relax and enjoy my meal. I don't want to gag on the smoke wafting from another table.

If, somehow, smoking could be confined in a way that it would not get on ones clothing or into the air to contaminate everything or cause breathing difficulties for others than I would have no objection to smoking wherever and whenever one wants. Reality is that that stuff gets everywhere and it affects other people. Second hand smoke has proven to be deadly. So when you smoke you not only kill yourself but may kill me. I don't wish to die quite yet and not in that manner.

So, no it is not and should not be considered a violation of the Constitution to ban smoking in any business or by any state.

song1709!

Like you, I think the owner of the business,not some mandated law,should decide if he wants smoking.Yes,everyone should be free to choose,if they object to smoking then do not work,or dine, in that establishment. It wasn't enough for the zeolites to require separate areas with proper ventilation,now they forbid smoking in all public places,even outdoors.I know the emphasis on smoking is just a cover up,a sacrificial lamb of sorts, for all the other,even more dangerous, toxic effects on the human body.Smokers are now the new whipping dogs of Government and State failures to clean up the environment.Yes,all that they are doing is unconstitutional.

Ronald M

Who knows it contradicts 2 peoples, One the Smokers pursuit of Happiness and the workers pursuit of happiness

STEVE C

I'm in the bar and restaurant business. I think that we should let the free market handle this. If an owner believes that banning smoking would help his business then he should.

On the other hand, since we are dealing with private property here, I firmly believe I should be able to choose to have a smoking establishment if I think that would help my sales.

The argument is always made that the employees have no choice and are "forced" to work in an unhealthy environment and that these laws are to protect them. First of all, I have never forced anyone to work for me, and secondly there are way more dangerous jobs than working around second hand smoke.

If these laws are enacted to protect the employees then why are people allowed to work as clerks in liquor and convenience stores? They're always getting gunned down by crack heads. Or what about the construction and farming industries. These two jobs have very high rates of death and paralysis. And then there's crab fishing!

I don't think any cases have reached the Supreme Court yet so we don't know how they feel about the constitutionality of these bans.I do however know that this country was founded on the principles of freedom, personal property rights and a lack of government interference in our lives. I also know that Thomas Jefferson is rolling over in his grave now that our government has turned into our babysitter.

tinythesp

While it's completely true that it may be the businesses' right to choose to have smoking or non-smoking in their restaurants, secondhand smoke kills people! Many restaurants don't have the right kind of ventilation for a smoking section, which means just about everybody in the restaurant gets a whiff of nasty smoke with every biteful they take. Also, many times I've seen the smoking section just a few feet away from the non-smoking with nothing separating them but air. Horrible. If smokers want to kill themselves, go right ahead, but when your secondhand smoke starts to make me, a non-smoker, cough and hack and wheeze, you're violating my rights to a clean, smoke-free environment. That's a violation of another's rights, which is against the law! It's even worse when your smoke gets around my kid. People still don't get how harmful smoke can be to young children. They are so young and developing so quickly, the toxins in smoke do more harm to their little bodies than to adults. Seems smokers like you can only think of their addiction and how hard it is for them to continue smoking. In case you haven't heard, smoking is BAD FOR YOU! It's also bad for everyone around you and the environment. Explain how it can help everyone and the ban in public places may be lifted. I doubt you'll be able to.

Jcontrols

It's just another form of discrimination. Any establishment that places a ban on me doesn't ever see another dime of mine! :-)=

Dr_M_VanNostrand

I think non-smokers right to breathe clean air overrides smokers rights to smoke indoors. If people want to kill themselves with cigarettes it's fine by me...just as long as I don't have to breathe it.

A person's right to do something ends when that something becomes dangerous to others. I think people smoking in an enclosed area violates non-smokers' constitutional rights. Personally, I think they should have enacted these laws decades ago...

Sweetpea

We also have the right to breath. Pursuit of happiness and all that sort of stuff. Sound familiar? I think it is a godsend.

Bowser

Banning smoking in restaurants is perfectly constitutional. People have a right to not die of lung disease, correct? Although the government cannot ban smoking, as it is a person's choice, banning smoking in restaurants for public safety is protecting the people of this country.

lordfatman

everyone in this world has a choice i believe that business owners have the right to ban or allow smoking in there place of business and as consumers we have the right to not or do business with that company or work there so stop complaining about the smokers inside businesses because it was your choice to enter so anything that happens because of the smoke rest mainly on your stupidity of choosing to go in because this is a free nation well use to be until people started nit picking at every little thing because of your own retardation

lordfatman

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