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Wednesday, March 08, 2006
Federal court filing seeks to stub out smoking ban
A group of restauranteurs in New Jersey is filing a lawsuit in U.S. District Court claiming that the new smoking ban, set to take effect April 15th, "unfairly discriminates against restaurants, bars and bowling alleys in favor of casinos, ...a violation of the equal protection clause". Casinos are exempt from the ban because their lobbyists have deeper pockets. The smoking ban is meant to curb the negative effects of smoking on non-smoking employees in bars and restaurants, but some people don't see it that way. "Eleanor Travia, owner of Illusions, a go-go bar in Florence, said the state will regret the smoking ban because customers and tax revenue will travel 'across the bridge' to Pennsylvania, which will soon have slots betting parlors. 'I'm Rosa Parks,' Travia said. 'I'm telling the state I'm not going to the back of the bus behind casinos. If they're exempt, so am I.'Oh really? Rosa Parks? Did Rosa Parks give anyone cancer? 1 Comments:
As per Big Daddy, this lawsuit will not succeed: "that equal protection argument will go nowhere...restauranteurs are not a 'suspect class'...the state need only have a 'rational basis' for the discrimination...rational basis basically means it's OK under the Constitution...such a law can be underinclusive. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm" Thanks, Big Daddy! |
