No Constitutional Right to Smoke, Kansas Court Rules

Smoking is not a fundamental right, the Kansas Supreme Court said in upholding the state's indoor-smoking ban, the Kansan reported March 6.


The court rejected a challenge to the law filed by an American Legion post and a Veterans of Foreign Wars post in Newton, Kansas, which argued that the 2007 ban violated the 4th and 14th amendments to the U.S. Constitution — the rights to privacy and due process, respectively.


“Plaintiffs' argument is apparently based on the simplistic notion that a private organization with a private clubhouse has a constitutional right to privacy,” the court said. “Upon the merits of the argument, the city pointed out that a right to privacy action requires the existence of a fundamental privacy interest and that no court, to date, had recognized the smoking of tobacco as a fundamental right.”

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No Constitutional Right to Smoke, Kansas Court Rules

Smoking is not a fundamental right, the Kansas Supreme Court said in upholding the state’s indoor-smoking ban, the Kansan reported March 6.

The court rejected a challenge to the law filed by an American Legion post and a Veterans of Foreign Wars post in Newton, Kansas, which argued that the 2007 ban violated the 4th and 14th amendments to the U.S. Constitution — the rights to privacy and due process, respectively.

“Plaintiffs’ argument is apparently based on the simplistic notion that a private organization with a private clubhouse has a constitutional right to privacy,” the court said. “Upon the merits of the argument, the city pointed out that a right to privacy action requires the existence of a fundamental privacy interest and that no court, to date, had recognized the smoking of tobacco as a fundamental right.”

Leave a Reply

Please read our comment policy and guidelines before you submit a comment. Your email address will not be published. Thank you for visiting Join Together.

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*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>