Trial by Fire

Florida's smoking ban, which voters approved last November, has been challenged in federal court, but defenders of propery rights shouldn't get too excited. The suit does not argue that bar and restaurant owners should be allowed to decide for themselves whether to permit smoking on their premises. Rather, it points out that one unintended consequence of the ban on smoking in enclosed workplaces could be to drive Florida's cigar industry out of the state. Cigar makers note that the ban, which takes effect in July, would prevent them from lighting up their products for quality control purposes, an essential part of the manufacturing process. In a lawsuit backed by the Washington-based Cigar Association of America, they argue that the law is unconstitutional because it impedes interstate commerce.