United States

Plaintiffs, a group of bar and restaurant owners, challenged an ordinance passed by the City of Toledo that prohibited smoking in enclosed public spaces except in a “separate smoking lounge”.  The plaintiffs argued that the ordinance violated the 5^th amendment of the U.S. constitution by affecting a regulatory taking and contravened the Ohio constitutional “home rule” provision restricting municipalities from directly contradicting state law.  In rejecting the takings argument, the court found the public health protection and history of increased regulation of smoking outweighed any economic loss incurred by the plaintiffs.  Similarly, in rejecting the state law claim, the court found that a state law regulating smoking that chose not to address bars and restaurants did not, by implication, mean those areas could not be regulated by municipalities like Toledo.  The court denied the plaintiff’s motion for a preliminary injunction.