| [This was published June 9, 2007 in the Springfield, IL | | | | include definitions of key words within the text of the |
| State Journal-Register] | | | | law itself. In the Smoke Free Illinois Act a "public place" |
| Both the Springfield, IL anti-smoking ordinance and the | | | | is defined as "that portion of any building or vehicle |
| Smoke Free Illinois Act have a well-intentioned public | | | | used by and open to the public ..." And to further |
| purpose - to safeguard public health. But when the | | | | enlighten their constituents, legislators have provided an |
| Springfield City Council and the Illinois General | | | | "includes, but not limited" list of no less than 50 |
| Assembly included private clubs in their prohibitions, | | | | examples of public places ranging from libraries, |
| they overreached. | | | | museums and concert halls to retail stores, restaurants |
| Our fundamental law, the United States Constitution, | | | | and bars. |
| enumerates many of our individual rights that | | | | The Springfield City Council provided the same kind of |
| government is obligated to protect, such as the | | | | "public place" examples in its anti-smoking ordinance. |
| freedom of speech and the right to a fair trial, but | | | | Unfortunately, there is one entry in both lists, which |
| there are also individual rights which, although not | | | | according to the law writers' own definitions does not |
| specifically mentioned in the Constitution, have been | | | | belong - private clubs. Illinois legislators define "private |
| judged to be constitutionally protected by the ultimate | | | | club" to mean, "a not-for-profit association ... used |
| interpreter of the Constitution - the United States | | | | exclusively for club purposes at all times" while, at the |
| Supreme Court. | | | | same time, they declare that "public places" are places |
| In 1964, the court held that although freedom of | | | | "used by and open to the public." |
| association is not expressly mentioned in the | | | | Whether or not a private club chooses to open its |
| Constitution, it is a peripheral First Amendment right | | | | doors to the public is the choice of its members. That |
| because "its existence is necessary in making the | | | | choice is what makes it private. |
| express guarantees fully meaningful." And delivering | | | | The Springfield daily paper, the State Journal-Register, |
| the opinion of the court in a 1965 case Justice William | | | | recently editorialized that private clubs may not opt out |
| Douglas wrote, " ... the First Amendment has a | | | | of fire safety codes, but neither can private homes. |
| penumbra where privacy is protected from | | | | Does this make them public places as well? |
| governmental intrusion." | | | | Suppose a bunch of guys belong to a duck-hunting |
| Of course, this does not mean that all private behavior | | | | club located on several acres of property on which a |
| is constitutionally protected any more than it means | | | | clubhouse rests, which can be found only if you know |
| that all speech is protected - a person does not have | | | | where to look. |
| a constitutional right to yell "Fire!" in a crowded theater. | | | | After a long, cold day sitting in a blind, these guys like |
| But it does mean that the government must have a | | | | to gather in front of a warm fire, down a few beers |
| well-defined interest that passes a standard of strict | | | | and smoke cigars. How is public health being harmed, |
| scrutiny when regulating constitutionally protected | | | | and where does the government interest lie in making |
| private behavior like the freedom of association. | | | | this an illegal activity? |
| Both city and state actions demonstrate that their | | | | Enforcement of such laws on private club members |
| lawmakers are completely oblivious to the difference | | | | will not make the public safer and will likely require the |
| between "public" and "private." | | | | same kind of approach federal "revenuers" employed |
| Smoke Free Illinois "prohibits smoking in public places, | | | | when they hunted "moonshiners" during Prohibition. The |
| places of employment, and governmental vehicles ..." In | | | | results would probably be similar as well - few arrests, |
| order to make their intentions clear, legislators often | | | | and a decrease in respect for the rule of law. |