[sergeantdave]

Can't agree with you.

This is a private property issue, not a smoking ban matter.

A federal judge would be well within bounds to nix the state law under an individual's right to lawfully use his property.

[MarkL]

Can't agree with you.

This is a private property issue, not a smoking ban matter.

A fed0eral judge would be well within bounds to nix the state law under an individual's right to lawfully use his property.

Correct me if I'm wrong, but a judge has to rule on a case the way it's filed, doesn't he? If the appeal was filed as a property rights case, then he might have ruled as you see it. However, it was filed as a fundamental constitutional rights case, and the judge had to rule on that specific case.

Mark