CONSTITUTIONALITY OF SMOKING BANS

The Louisiana smoking ban found in LSA-R.S. 40:1300.256 and the City of Alexandria's new anti-smoking ordinance, which is more restrictive than the state's, presents some very interesting constitutional questions.

Upon my very cursory review of the case law on the subject, I have been unable to find any case law on the topic.

The Fifth Amendment to the U.S. Constitution provides in part that: "nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation".

Article I §4. Right to Property of the Louisiana Constitution of 1974 provides "Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property. This right is subject to reasonable statutory restrictions and the reasonable exercise of the police power".

"The Louisiana Constitution prohibits governmental bodies and municipal corporations from taking or expropriating landowners’ private property “except for public purposes and with just compensation paid to the owner or into court for his benefit.” (See: "Louisiana Expropriation Attorney"). "Just compensation includes the appropriate amount of money, not only for the property that is actually, physically taken by the expropriating authority, but also for the damage to the remaining property that was not actually taken." id.

So the questions are:

1. Can the state and\or the City take away your right to enjoy your property by smoking in your own business?
2. If so, will they have to compensate you?

See Also:

NURSING HOMES AND THE SMOKING BAN and the posts linked thereunder