TOBACCO CONTROL LAWS

D.A.B.E., Inc., d/b/a Arnie's Saloon, et al. v. City of Toledo

Plaintiffs, a group of restaurant, bar and bowling alley proprietors and a restaurant owners' association, brought an action against the City of Toledo, Ohio, claiming that the city's new Clean Indoor Air Ordinance was void and unenforceable. In particular, the plaintiffs asserted that the new ordinance's requirement that the establishments construct an enclosed smoking area on their premises constituted a taking of property in violation of the Constitution. Moreover, they asserted that the Ohio Revised Code, which regulated smoking in public places and did not impose obligations on the plaintiffs' types of establishments, preempted the new ordinance. The district court dismissed the complaint. The United States Court of Appeals for the Sixth Circuit affirmed the dismissal. According to the Appeals Court, there was no evidence that the new ordinance constituted a taking, insofar as the ordinance did not deprive the proprietors of an economically viable use of their properties. The Court also concluded that the state statute did not preempt the new ordinance because there was no evidence in the statute that the Ohio legislature intended to displace local smoking regulations.

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D.A.B.E., Inc., d/b/a Arnie's Saloon, et al. v. City of Toledo, 393 F.3d 692, United States Court of Appeals, Sixth Circuit (2005).

  • United States
  • Jan 6, 2005
  • United States Court of Appeals, Sixth Circuit

Parties

Plaintiff

  • D.A.B.E., Inc., d/b/a Arnie's Saloon
  • Others

Defendant City of Toledo

Legislation Cited

Clean Indoor Air Ordinance of 1987

Clean Indoor Air Ordinance, No. 509-03

Ohio Revised Code, Section 3791.031

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Property
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Preemption
The subject matter of the case should be dealt with at a state level or national level.

Type of Tobacco Product

None

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