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Tag Archives: Smoking Ban

Constitutional – Equal Protection – Smoking Ban – Exemptions – Private Clubs – For Profit vs. Nonprofit (access required)

Edwards v. Morrow We read G.S. § 130A-496 to exempt private, nonprofit country clubs from the general prohibition on smoking in restaurants and bars; however, private, for-profit country clubs are not exempt from the ban. Given the General Assembly’s motive for enacting the ban – protection of the public from secondhand smoke – this is a rational, and therefore constitutional, distinction.

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Constitutional – Equal Protection — Smoking Ban – Private Clubs – First Impression — Administrative — Civil Penalties (access required)

Liebes v. Guilford County Dept. of Public Health The statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit of the smoking ban does not violate the plaintiff’s equal protection rights since there exists a rational basis for the legislature’s differential treatment of for-profit and nonprofit private clubs. We affirm the trial court’s order.

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