Legal Question in Business Law in Georgia
Government regulation of private business
I've been wondering about the nation-wide smoking bans and the constitutionality of them. Is there anything on the books that says whether or not it's constitutional for the government of a given state to tell a private business that it cannot allow people to smoke on the premises despite the fact that cigarettes are legal?
2 Answers from Attorneys
Re: Government regulation of private business
Yes, the right to regulate the health of the people.
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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Re: Government regulation of private business
The smoking ban is premised on the need to protect the health and welfare of the public at large; therefore, a successful constitutional challenge is unlikely. Moreover, from a financial standpoint, illnesses caused by second hand somke cost governments countless health care funding dollars; hence, taxpayers benefit from smoking bans.
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