Sample Essay on:
The Constitutionality of the New York Smoking Ban

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Essay / Research Paper Abstract

This 10 page paper evaluates the constitutionality of the 2003 smoking ban. Various cases and other state laws are discussed. The first, fifth and fourteenth amendments are highlighted. Bibliography lists 10 sources.

Page Count:

10 pages (~225 words per page)

File: RT13_SA321ban.rtf

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Unformatted sample text from the term paper:

and stars who frequent the region complaining, but business owners are hurting. This is especially true of tavern owners as they have lost clientele due to the ban. Interestingly, although data shows that the poor smoke more, it is the elite who seems to be feeling the pinch. Britney Spears was asked to put out her cigarette at the Underbar and Show for example(Freydkin, 2003). Recently, supermodel Gisele Bundchen stepped out for many cigarette breaks, and at one point was joined by Vanity Fair editor Graydon Carter (2003). Carter (2003) says that the ban "ignores the vanity of New York" (p.PG). He adds that Michael Bloomberg has forgotten what it is like to be 25 in New York as many people want to go out and drink and smoke at the end of their day (2003). Indeed, the ban has turned New York City upside down. Although Guiliani cleaned up the streets to the point where Manhattan resembles Disney World to some extent, the smoking ban goes too far. Yes, smoking is detrimental to the health of the smoker and potentially to people nearby, but it is a legal substance. Although people complain of second hand smoke, a counter argument is that there are a lot of other things that people do not like such as talking loud on cell phones or wearing an extraordinary amount of perfume, but it is tolerated. Although smoking may be considered a nuisance, and a health hazard, it is the legal right of every American to choose whether or not to indulge in tobacco. However, some smokers who contend that the smoking ban should be lifted also claim that it is unconstitutional. Is it? II. Legal Challenges It was reported in 2003 that a group of Poughkeepsie-area restaurant and tavern ...

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