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No smoking ordinance may be applied to private club

No smoking ordinance may be applied to private club

No smoking ordinance may be applied to private club

Members of the Juneau-Douglas Aerie 4200 of the Fraternal Order of Eagles do not have a constitutional right to smoke in its social facilities and the application of a Juneau ordinance to prohibit smoking in private clubs is valid, the Supreme Court of Alaska has ruled. The ordinance does not violate either the First Amendment right to freedom of association under the U.S. Constitution or the right of privacy under the state Constitution. The City and Borough of Juneau first passed the no smoking ordinance in 2001 and expanded its coverage several times thereafter. In 2008, it expanded the prohibition in “bars” and “bar restaurants” to cover private clubs. The Eagles sought a determination...

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