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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....

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