[CSM]

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, 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.

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I'll reiterate, private property should not be taken for public use, without just compensation. Now, how does a smoking ban constitute "public use" and where does it offer just compensation?

[SheLion]

What it means to be a Private Business Owner:

      

  

 

[Lucky Dog]

I'll reiterate, private property should not be taken for public use, without just compensation. Now, how does a smoking ban constitute "public use" and where does it offer just compensation?

...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.

Exactly where do you get that private property is being taken for public use?

A person who chooses to use his or her "private" property for a "public" business is subject all sorts of legal restrictions, e.g., public safety requirements, public decency requirements, public access requirements, etc. In none of these cases is that person being deprived of his or her property. If he or she wishes not to comply with any of these legal requirements, then all that is necessary is for that individual to withdraw said property from a "public" business.