Wisconsin's Statewide Smoking Ban

The state of Wisconsin recently adopted a statewide smoking ban in all restaurants, bars and work places. The ban is due to take effect July 5, 2010. The ban is most likely unconstitutional and should be challenged in court.

Under the Fourteenth Amendment, referred to as the equal protection clause, the government cannot make a law that is designed to infringe on people's right to life, liberty or property. The new law infringes on these.

figure 1: The Fourteenth Amendment

"All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The argument is being made that these places are public and therefore are subject to rules and regulations as such. This is completely false. These are private places that are open to the public. None the less they are private property.

The government has no right to dictate to a person that they cannot allow the use of a legal product by consenting adults on their private property.

Furthermore, no one is forcing anyone to work at or patronize facilities which allow the use of tobacco products. The people entering into these facilities are doing it under their own free will and have no right to tell the property owner that they cannot allow the use of a legal product on their property.

smoke Free Wisconsin claims to have done a survey in which 70% of the people in Wisconsin want this smoking ban. The biggest problem is that no one has ever seen this supposed study. Secondly, it does not matter what the majority of people want.

During segregation most of the general population supported it. Did that make segregation legal and right? During slavery, the majority of people had no problem with it. Did that mean that slavery was right? It does not necessarily matter what the majority wants. The only thing that matters is freedom and liberty, something they want to take away from property owners and their smoking patrons.

The smoking ban is unconstitutional for the simple fact that it singles out a few particular groups for discrimination. These groups are smokers and the business owners.