This website uses cookies to ensure you have the best experience. Learn more

Title: First Smoking...What Will You Take Next??? Amicus Curiae Brief Against Laws Regarding The Banning Of Smoking In Restaurants.

1567 words - 6 pages

When the government steps in and starts making private businesses adhere to a law that a few individuals want, it is not good for democracy. One must also wonder if the government does that, when will it end? Anti-smoking laws should be considered unconstitutional because private businesses are having a choice taken from them that really should be something the individual businesses decide on their own. The group NYC Clash and I agree on this issue whole-heartedly. I want the court to understand that because of the domino theory, once something is taken away from private business owners, there will be no end to how involved the government becomes in the day-to-day life of its constituents. The law in Madison, Wisconsin that bans smoking in restraints is not only taking a freedom of choice away from the owners, but also taking a choice of the people away by not allowing people who smoke to go to restaurants. We, as a nation, must ask ourselves just how much government intervention is too much. Maybe getting involved with steroids in professional baseball is a good place to stop, maybe banning smoking is, maybe telling people what they have to wear on each day is. Once the government gets on a roll with these things, they do not stop. It is my opinion that the court must make this law unconstitutional because the government is taking a form of life and liberty that the Fifth Amendment protects. Even if the court does not agree with the lifestyle, the smoker has chosen that life and even has put compensation into the economy to have the lifestyle they choose and there should be some sort of due process guaranteed to them so that they can give their case to the court as to why they should be allowed to smoke in a private restaurant. The law in question is Madison, Wisconsin's statute 23.05 banning smoking in restaurants. There are many constitutional issues to deal with in regards to that statute. For instance, why does the law only state smoking when there are other forms of tobacco use such as chewing tobacco and on a lesser avenue, nicotine gum? Secondly, why is the government intervening is private business choices? If an owner does not want smoking in the restaurant then they will ban it on an individual basis. Not every owner wants to see the rapid decline in business because smoking is banned in his or her place of business. Lastly, the Fifth and Fourteenth Amendments provide due process when a right is being infringed upon. Nowhere in the Constitution does it say that smoking is illegal and should be removed from any place other than the individuals' home. Since the document does not say that, where did the government find it necessary to ban smoking in these businesses? These are the issues at hand and since the court is to protect the people using the Constitution, it seems natural that the court would find in favor of repealing Madison's law. The law banning smoking in restaurants has to be deemed unconstitutional....

Find Another Essay On Title: First smoking...what will you take next??? Amicus Curiae Brief against laws regarding the banning of smoking in restaurants.

The Debate of Banning Smoking in Public Places

1124 words - 4 pages The Debate of Banning Smoking in Public Places “There is no difference between a smoker and a suicide, only that one takes longer to kill themselves than the other”. Everyone has their rights, and if you want to smoke or not should be your choice because you are doing the damage to your own body. But if it’s supposed to be your choice and every gets their own choice then when you smoke in public places or wherever

Banning Smoking in Public Places Essay

626 words - 3 pages the idea to ban smoking in public places for their own reasons. Many avid smokers are against banning smoking in public places, they claim it would be against their rights and a waste of time. Everyone has rights; however, banning smoking does not take away the right to smoke, it implements areas where one can smoke. That being said, this ban would protect the non-smokers and eventually cut the use of tobacco; therefore, protecting smokers as well

Banning smoking in public places

3337 words - 14 pages statistically that secondhand smoke causes an estimated 46,000 premature deaths from heart disease each year in the United States among nonsmokers. Banning smoking in public could help reduce the amount of pre term births due to maternal smoking. Limiting smoking in public areas would help to deter smoking mothers from smoking. Few studies have done an in depth look at pre term low birth rates but one city in Colorado chose this study by

Effects of Banning Smoking Advertising

1648 words - 7 pages knowingly or unknowingly. In most cases, the celebrities who act as role models to their fans are featured smoking cigarettes and this act greatly influences people who tend to follow what such icons do. In addition, the display of cigarettes in supermarkets and other shopping malls would also influence non-smokers to try out smoking. This means that banning of cigarette adverts would only lead to an increased pressure on the cigarette

The Debate Over Banning Smoking in Public Places

949 words - 4 pages are smoking, but more recently teenagers or children from a very early age are actually smoking, some probably knowing the few short - term affects of it but not realising what the long term affects of smoking are. In conclusion, not only will the ban of smoking in public places benefit the non - smokers or those suffering from passive smoking, the smokers can also be satisfied with doing it in another enclosed

Do you agree with New York's ban on smoking in bars and restaurants?

1351 words - 5 pages smoke-free will have a significant impact on sales, but research has stated otherwise. Recent studies have shown that implementing a smoke-free ordinance may possibly boost the overall restaurant or bar sales. Smoking should be allowed with restriction; it should be permitted in designated areas only at the workplace, and not be tolerated at all in the dining/entertainment area of bars and restaurants. In Helena, Montana a study is

Do you agree with New York's ban on smoking in bars and restaurants?

704 words - 3 pages I am split on the issue of banning smoking in restaurants and bars. On one hand I agree that smoking should be banned in restaurants, however I believe the issue of smoking in bars should be a completely separate debate. In both cases I believe that banning smoking in privately owned buildings is a violation of both individual and property rights and the decision should be left up to individual. Smoking tobacco, weather it be cigarettes, cigars

Do you agree with New York's ban on smoking in bars and restaurants?

859 words - 3 pages effect in restaurants, would you dine out?" 72% of respondents said their eating-out habits would not change, while 26% said they would eat out more often, versus only 3% who said they would eat out less often.In conclusion, New York’s ban on smoking in bars and restaurants will have a positive effect on the industry. Having a smoke free work place will help out the bar and restaurant industry in many ways. The bars and restaurants will have

Do you agree with New York's ban on smoking in bars and restaurants? - 858 words

858 words - 3 pages dine out?" 72% of respondents said their eating-out habits would not change, while 26% said they would eat out more often, versus only 3% who said they would eat out less often.In conclusion, New York's ban on smoking in bars and restaurants will have a positive effect on the industry. Having a smoke free work place will help out the bar and restaurant industry in many ways. The bars and restaurants will have more business, which means more

Banning outdoor smoking policy proposal

2952 words - 12 pages . One solution is that smoking be allowed outdoors only in certain areas.Proposed Jurisdiction Policy will be implementedNew York City will be the first area to implement the law. New York City (NYC) located in New York State. It is made up of five boroughs or counties, which are Brooklyn (Kings), Queens, Bronx, Manhattan (New York), and Staten Island (Richmond). Prior to 1898, each borough operated independent and governed themselves (New York City

Phillip Morris: Changing Marketing Strategies As a Result of New Governmental Laws and Regulation Regarding Smoking

3050 words - 12 pages result of the previous year. In 2012 net revenues reached $77,393 million, and the latest figure for 2013 is $80,029 million. The headquarters of the company are in New York and its Operation Center in Lausanne. It employs over 78,000 people worldwide. External Environment New Rules The first country to adopt the new legislations regarding smoking was the U.S. : in 1999, the state of California declared all the public and working places as

Similar Essays

Banning Smoking Essay

1703 words - 7 pages third-leading cause of preventable death.(, Northeastern University) Also, countless others will suffer from cardiovascular diseases. Maybe this statistic doesn・t sound as scary as those for the smoking, but we need to remember those people are the total victims. They didn・t do anything but end up dead because of the cause of others. Do you call that indirect murder? I can understand that we live in a free world, and

Banning Smoking Essay

1595 words - 6 pages work like before. Smoking, on the other hand, takes away many people's lives every day, and those lives could not be brought back anymore. As we can see, not banning smoking actually does more harm than banning smoking in this particular case. Opponents against banning smoking also state that many tobacco farmers will lose a lot of revenue if smoking is banned. This argument is irrelevant because they can always plant other hundreds kinds of

Smoking Bans: This Is A Paper For Political Science Regarding Smoking Bans In Restaurants

2001 words - 8 pages it relates to smoking bans in public places such as restaurants and bars, state courts have said that laws banning smoking in those places are constitutional and will be enforced. The issue has yet to come to the Supreme Court, however, when the court finally does look at this they will be not only looking at one state's law, but rather whether or not the states can take away the choice from the individual business owners as to whether or not

Dallas's Ban On Smoking: Brief Discussion About The Recent Ban On Smoking In Dallas Area Restaurants And Businesses In Early 2003. Discussion Of Health And Economic Effects

726 words - 3 pages Dallas's Ban on SmokingRecently, Dallas city council voted to ban smoking in area restaurants and businesses. For months, the citizens of Dallas bickered back and forth about the effects of smoking regulations on area economics. These consequences, however, did not stand a chance against the main issue of public health. Health issues of the city's large population are a growing concern for Dallas's mayor and city council. The city government has