Fraternal Order of Eagles, et al. v. City and Borough of Juneau
The City and Borough of Juneau adopted a law banning smoking in public areas, finding it necessary for the protection of the public health. Seven years later, the city amended that law to include a prohibition on smoking in "private clubs," defined as establishments that offered food or alcoholic beverages for sale. One such establishment operated by the Fraternal Order of Eagles and several of its members brought an action against the city after the organization began experiencing a decline in membership. The plaintiffs argued that the amendment to the law was unconstitutional on its face and that it violated their rights to freedom of association under the First Amendment of the United States Constitution, as well as their rights to privacy under the first article of the Alaska Constitution. A superior court found in favor of the city. On appeal, the Supreme Court of Alaska affirmed that decision, finding that the smoking ban did not violate the appellants' First Amendment rights because it only regulated the conduct of the organization's members and did not limit their liberty to associate. The Supreme Court also found that the ban did not violate the Alaska state right to privacy because the ban bore a substantial relationship to the government's interest in protecting the public health.
Fraternal Order of Eagles, et al. v. City and Borough of Juneau, 254 P.3d 348, Supreme Court of Alaska (2011).
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.
This is the right to a private personal and family life without intrusion from the government.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"It is not enough to say that the persons exposed to second-hand smoke have chosen to be in the Eagles Aerie Home. If it were, then no anti-smoking ordinance could be upheld as long as other persons present were there voluntarily. If a workplace, or a bar, or a restaurant is posted as a smoking zone, then everyone present has chosen to be there knowing there is smoke.
The City has a legitimate interest in protecting the public, non-smokers and smokers alike, from the well-established dangers of second-hand tobacco smoke. Aerie 4200 has elected to obtain a state-regulated liquor license and sell alcoholic beverages in its Aerie facility. Establishments that offer alcoholic beverages for sale are likely to be places where members of the public
frequently gather. Therefore, the City's decision to ban smoking in any enclosed place that offers food or alcohol for sale, including private clubs, bears a close and substantial relationship to the public health."
"We agree with these other courts that an ordinance banning smoking in private clubs does not implicate the right to intimate association under the First Amendment. Even assuming the Eagles' relationships are of the highly personal type that receive heightened constitutional protection, the ordinance does not regulate or interfere with the members' "choices to enter into and
maintain" those relationships. The ordinance does not regulate the membership of Aerie 4200 or who may associate with whom; it only regulates the conduct of members in certain places. The Eagles argue that the ordinance unduly interferes with "how, when, and where club members choose to partake of their intimate associations." The Eagles essentially urge us (1) to adopt the "association plus" theory in spite of the uniform decisions of other courts and (2) to hold that "the right of intimate
association includes a right to engage in any lawful activities the participants may choose." But the First Amendment protects the ability to choose one's intimate associates freely, not the ability to engage in any conduct in any place so long as one is interacting with his or her intimate associates."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The City and Borough of Juneau adopted a law banning smoking in public areas, finding it necessary for the protection of the public health. Seven years later, the city amended that law to include a prohibition on smoking in "private clubs," defined as establishments that offered food or alcoholic beverages for sale. One such establishment operated by the Fraternal Order of Eagles and several of its members brought an action against the city after the organization began experiencing a decline in membership. The plaintiffs argued that the amendment to the law was unconstitutional on its face and that it violated their rights to freedom of association under the First Amendment of the United States Constitution, as well as their rights to privacy under the first article of the Alaska Constitution. A superior court found in favor of the city. On appeal, the Supreme Court of Alaska affirmed that decision, finding that the smoking ban did not violate the appellants' First Amendment rights because it only regulated the conduct of the organization's members and did not limit their liberty to associate. The Supreme Court also found that the ban did not violate the Alaska state right to privacy because the ban bore a substantial relationship to the government's interest in protecting the public health.