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Jane T (LLC)
Jane T (LLC), Lawyer (JD)
Category: Legal
Satisfied Customers: 8435
Experience:  Experienced attorney; contracts, internet, business, finance, employment, RE, consumer, & more.
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what is the legal stand on the indianas rights on smoking

Customer Question

what is the legal stand on the indiana's rights on smoking in public resturants?
Submitted: 8 years ago.
Category: Legal
Expert:  Jane T (LLC) replied 8 years ago.

DearCustomer

 

Are you asking if the state has the right to ban smoking in restaurants?

Customer: replied 8 years ago.
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.
Expert:  Jane T (LLC) replied 8 years ago.

Dear odonovan1914,

 

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.).

Customer: replied 8 years ago.
so what I am reading is that the state or city government can restrict the right rights of smokers as long as it is put to a vote prior to becoming law. Is this correct?
Expert:  Jane T (LLC) replied 8 years ago.

DearCustomer

 

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.

 

Customer: replied 8 years ago.
I AM ASKING IF THE CITY HAS THE RIGHT TO MAKE A SMOKING BAN WITHOUT THE VOTE OF THE PEOPLE TO MAKE IT A LAW.
Expert:  Jane T (LLC) replied 8 years ago.

DearCustomer

 

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.

Customer: replied 8 years ago.

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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