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Amendment #1 - Freedom of Assembly/Association
Smoking bans chase people away whether that’s the intention or not it is what happens! So smoking bans are an infringement of people’s right to assemble. Yes Freedom of assembly doesn’t just mean assembly at a political protest, Assembling at a bar or restaurant is still protected under the constitution.
Amendment #1 - Free Speech
Mayor Bloomberg of New York opened this can of worms with his loophole for his friends and this is what is going to burn him and other cigarette nazis around the country big time. His loophole allows business to have smoking if they are having a promotion for Tobacco products, It was intended for his bigwig cigar smoking buddies for their annual fest at the Marriott Hotel. However now all businesses can just throw promotions all the time, trying to stop a promotion would be a direct violation of freedom of speech. Actually hopefully this at other places where there are smoking bans like California & Delaware catches on.
Plus Hey if you can burn the American flag and a cross on private property why not a cigarette.
Amendment #4 - Warrantless searches
How in the world can the Smoke police just go onto private property to search if people are smoking? They should have a warrant this is America not Nazi Germany
Amendment #5 - Eminent Domain
By banning smoking on private property the government is essentially taking that property away. This is especially true if the property due to a previous lighter smoking had a separate section build just for smoking.