Furthermore, the court must reach a conclusion so that legislation of this nature will never be passed again. It is a small group of people that oppose smoking in restaurants and since the constituents' vote so little, it only takes a few thousand people to make decisions for society as a whole. If the court rules that under no condition can a legal substance be banned, then the nation, as a whole, would benefit.
One must not only look to smoking to conclude this case. Other things, such as alcohol, cellular phone use in vehicles and the like, would be subject to complete banishment if this legislation continued to occur without courts stepping in and setting down guidelines. It is one thing for a court to ban marijuana, cocaine, or other illegal substances; when the government steps in and controls legal substances and we as a nation just idly sit by and allow it to happen, we are telling the government that we do not care what is taken from us and they have free reign to just go create a law at the whim of some insane cult that will give votes to a specific party.
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