Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Thursday, March 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Fifth Circuit Upholds Smoking Ban In Austin

NEW ORLEANS (CN) - The 5th Circuit upheld an indoor smoking ban in Austin, Texas, saying it does not violate bar owners' free-speech rights or threaten their business interests.

The ruling reverses a district court's conclusion that the smoking ban's "necessary steps" provision, requiring bar owners verbally instruct patrons about the law, is impermissibly vague.

This provision is constitutional because it compels action but not speech, the court ruled. Nothing bars owners from speaking freely about the ban.

The court also concluded that smoking ban does not interfere with business operations because it regulates smoking only, and not the sale of alcohol or other products.

Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...