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