Are you asking if the state has the right to ban smoking in restaurants?
Where a state has a law on a certain topic, unless the state's law, itself, says that a municipality or county can make a different law, it would be illegal for a municipality or county to pass a law that contradicts a state law. There are no federal or state laws that give citizens a right to smoke (see here). In fact, for public protection reasons, such as second hand smoke dangers, states are passing smoke free laws and, if a state does not pass them as state laws, then a city or town or county can pass them, as long as they obey the procedures set out for passing new laws (voting rights, proposals, etc.).
Not exactly. Because there are no constitutional rights to smoking saying the people have a legal right to smoke, then laws that say people can't smoke are normally legal. If a city or county's regular means of passing a law require it to put it up to vote, then it can pass a no-smoking law only if it puts it to a vote BUT if a city or county's regular means of passing a law does NOT require a vote, then, as long as that city or county follows whatever its rules are, such no-smoking laws can be passed UNLESS the state specifically says no such laws can be passed. It is a hierarchy. Federal Constitution - no smoking rights: Does a state constitution have smoking rights (none of the 50 states do): then city/county laws can be passed that order no smoking in public places. IN has received awards for its many no-smoking ordinances, as described here.
I am sorry, I thought your question was "I AM ASKING IF THE STATE HAS A LAW ON RECORD REGARDING SMOKING IN RESTAURANTS OR PUBLIC PLACES AND IF THERE IS; DOES A CITY HAVE THE RIGHT TO SUPERCEED THAT LAW AND FORBID SMOKING IN RESTAURANTS AND PUBLIC PLACES." Asking about whether a city must obtain a vote is a different question and I will need to opt out.
AS STATED BEFORE I AM ASKING IF THE CITY NEEDS TO PUT THE ISSUE UP TO A VOTE BEFORE IT CAN MAKE IT LAW. (REGARDING SMOKING IN PUBLIC RESTURANTS AND PUBLIC PLACES)
DO THE CITIZENS OF THE CITY HAVE ANY LEGAL GROUNDS TO STANDS ON REGARDING SUCH A LAW.
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