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Honey, If We Pay You, I Can't Smoke (and Neither Can You)

Saturday, September 13, 2008 by Unknown

From Jacob Sullum @ Reason's Hit & Run blog:

Yesterday the Washington Supreme Court ruled that the state's smoking ban applies to private clubs as well as businesses open to the general public. Washington's Clean Indoor Air Act, passed in 1985, exempts "private facilities which are occasionally open to the public except upon the occasions when [they are] open to the public." An initiative approved by voters in 2005 broadened the ban to cover "places of employment." American Legion Post 149 in Bremerton challenged the Kitsap County Board of Health's attempt to stop its members from smoking at the post home, where all seven employees are relatives of members and all but one smoke, arguing that the exemption for private facilities remained in force. A five-judge majority of the state Supreme Court disagreed. Four judges dissented, with one of them, Richard Sanders, concluding

that if the majority's interpretation of the law is correct, the law is unconstitutional:

I would hold the Act does not apply to the Post Home as a private facility. Alternatively, if the Post Home's status as a private facility does not limit the Act's application, I would hold the Act is void for vagueness; unduly interferes with the Post Home's right of intimate association; violates the Post Home's substantive due process rights absent actual proof of a real and substantial relation between secondhand smoke and workplace dangers; and violates equal protection by distinguishing between two classes of business without reasonable grounds.

Just more government control to keep the sheep in line.
Read more here.

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