Holy Smoke! - Splintered Wash S.Ct. Upholds Indoor Smoking Ban
I've been veering steadily "off-topic" on this blog, and I'll continue on that path today by posting links to today's Washington Supreme Court decision upholding the indoor smoking ban, over the dissents of four justices! (Access the majority opinion here [pdf].)
There were a slew of opinions, which in a case involving a vagueness challenge isn't always the best thing. (Check out the dissent by Justice Johnson [pdf] and concurrence by Justice Madsen [pdf].)
Money quote (from Justice Sanders) [pdf]:
Our majority forgets we purport to live in a free society; this is neither the "Soviet of Washington"9 nor Nazi Germany.Yowza. Justice Sanders also cites to Lawrence v. Texas. All of the opinions are well worth reading, the dissent by Justice Sanders IMO is the best read:
This self-autonomy includes what time you go to bed at night, how much to exercise, how much fat to eat, a choice to smoke, a choice to be around smokers as well as every other myriad private decision we make to pursue happiness in our lives (even when some choices are probably not as healthy as others). Yet these choices are the very essence of personal liberty and self-autonomy. Most of us would pause if the State compelled our bedtime based on a perception that many Washingtonians are sleepless in Seattle.I suspect language in this opinion will resonate with many people. (I'm not sure I like the reference to the movie title though, but that's just me.)
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