Legal Question in Constitutional Law in Washington

Re: smoking ban

In order to challenge a law it takes a lot of money for attorney's fees.

Since the current Supreme Court in Washington State has a majority of justices on it who, in general, favor the state over the individual, the chances of sucess are extemely small. In the smoking ban case the state has "health" as its reason, so it is even more likely to withstand a challenge than a law based on the general welfare clause.

Money might be better spent trying to get elected legislators who support inidividual rights and who might change the law.

Re: smoking ban

Business owners don't have a general "right to decide what will be allowed inside his/her establishment" -- at least not when they want to allow something the law forbids. Smoking bans are like other public safety laws, and business owners have no right to disregard them just because they would prefer to allow what the government has chosen to forbid.

Do businesses have the right to sell legal products? Yes, but only if they do so legally. The state has a legitimate -- indeed, compelling -- interest in ensuring that liquor is not sold to minors or to those who are obviously drunk, and it is entitled to make and enforce laws that carry out that interest.