A hookah bar and a hookah association brought suit attempting to invalidate a 2008 administrative decision not to repeal decrees containing certain smoke free measures. The bar and association claimed that promulgation of the smoke free measures constituted an abuse of power by the government. The court disagreed, holding that the smoke free measures were in place to protect the general public as well as employees of public establishments and that creating legislation that protects public health is well within the State's power.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
A hookah bar and a hookah association brought suit attempting to invalidate a 2008 administrative decision not to repeal decree
scontaining certain smoke free measures. The bar and association claimed that promulgation of the smoke free measures constituted an abuse of power by the government. The court disagreed, holding that the smoke free measures were in place to protect the general public as well as employees of public establishments and that creating legislation that protects public health is well within the State's power.