New Wisconsin Smoking Ban Violates Due Process
Renewed debate engulfed Wisconsinites on July 5, 2010 as the statewide indoor smoking ban officially became law. The act prohibits tobacco use in all workplaces, restaurants, taverns, theatres, lodging establishments, day care centers, college residence halls, and sports arenas. Governor Doyle, in his signing statement, argued that the statewide smoking ban promotes healthy living. Unfortunately, it does much more than that; it is demonstrably bad for economic growth and state commerce. Furthermore, the statewide smoking ban is a violation of free speech, individual liberty, and due process.
Since the statewide smoking ban was initially discussed in late 2006, it has been mostly praised by Wisconsinites. The Wisconsin Department of Health and Human Services, Governor Doyle, and leading Wisconsin lawmakers claimed that all Wisconsinites deserve to breathe “clean, smoke-free air.” But conservatives, libertarians, and business owners are incensed. With the implementation of a statewide smoking ban, taverns and restaurants are predicting a drastic reduction in revenue for fiscal year 2010-2011. The Wisconsin Tavern League, one of the foremost critics of the smoking ban, maintains that smokers frequent their establishments more frequently than their non-smoking counterparts, and the Tavern League of Wisconsin contends that a large amount of the revenue made by taverns and restaurants comes from smokers.
Smoking bans are a violation of the Due Process Clause of the Fourteenth Amendment. Due Process is the principle that the government must respect all of the legal rights that are owed to a person according to the law. No state has made it illegal for citizens to purchase or smoke cigarettes, pipes, or cigars. Rather than outlawing smoking completely, 30 states have implemented laws that prohibit the legal activity of smoking only in selected locations. This selective restriction of a legal activity on only some private property violates due process. Many tavern owners and smokers have stated that they intend to challenge the legality of these partial bans in a court of law. In the years ahead, it is likely that state appellate courts and the Wisconsin Supreme Court will hear several cases pertaining to the constitutionality of the smoking ban. The breakdown of the court, coupled with the manner in which the case is presented, will determine the outcome of the court’s decision.
The Wisconsin smoking ban is yet another example of government seizing excessive power and authority that it does not need. Governor Jim Doyle and Wisconsin lawmakers have intruded on the individuals freedoms of thousands of citizens and private business owners. The statewide smoking ban violates the due process rights of individual citizens and interferes substantially with private enterprise. Citizens must voice their opposition to this legislation and convince fellow citizens and legislators that it violates the fundamental principles of individual liberty and independence.
The Wisconsin section of the Weekly Political Forecast is written by PAI’s Political Analyst.
