Don’t even remotely connect non-smokers and those who wish to work in a smoke free environment socialists.
WORKERS HAVE A RIGHT TO A SMOKE FREE WORKPLACE.
“Private property” when run as a business MUST abide by the laws in that State, as well as Federal laws.
If you don’t like it, DON’T OPEN A BUSINESS.
Held: There has been no dedication of petitioner’s privately owned and operated shopping center to public use so as to entitle respondents to exercise First Amendment rights therein that are unrelated to the center’s operations, and petitioner’s property did not lose its private character and its right to protection under the Fourteenth Amendment merely because the public is generally invited to use it for the purpose of doing business with petitioner’s tenants.
OUCH THERE’S THAT PUBLIC USE THING AGAIN.
The Court has had a difficult time articulating a test to determine when a regulation becomes a taking. It has said there is “no set formula” and that courts “must look to the particular circumstances of the case.” The Court has identified some relevant factors to consider: the economic impact of the regulation, the degree to which the regulation interferes with investor-backed expectations, and the character of the government action. Still, as our cases suggest, there is a lot of room for argument as to how these various factors should be weighed.