Title: First smoking...what will you take next??? Amicus Curiae Brief against laws regarding the banning of smoking in restaurants.

Essay by swavsfanUniversity, Bachelor'sB, October 2004

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When the government steps in and starts making private businesses adhere to a law that a few individuals want, it is not good for democracy. One must also wonder if the government does that, when will it end? Anti-smoking laws should be considered unconstitutional because private businesses are having a choice taken from them that really should be something the individual businesses decide on their own.

The group NYC Clash and I agree on this issue whole-heartedly. I want the court to understand that because of the domino theory, once something is taken away from private business owners, there will be no end to how involved the government becomes in the day-to-day life of its constituents. The law in Madison, Wisconsin that bans smoking in restraints is not only taking a freedom of choice away from the owners, but also taking a choice of the people away by not allowing people who smoke to go to restaurants.

We, as a nation, must ask ourselves just how much government intervention is too much. Maybe getting involved with steroids in professional baseball is a good place to stop, maybe banning smoking is, maybe telling people what they have to wear on each day is. Once the government gets on a roll with these things, they do not stop. It is my opinion that the court must make this law unconstitutional because the government is taking a form of life and liberty that the Fifth Amendment protects. Even if the court does not agree with the lifestyle, the smoker has chosen that life and even has put compensation into the economy to have the lifestyle they choose and there should be some sort of due process guaranteed to them so that they can give their case to the court as to why they...