Judge COMPLETELY "snuffs" out Louisville's "BOGUS" smoking ban.
Read the story here.
Why do I say "COMPLETELY"? Well, in Constitutional Law jurisprudence, a court can save portions of a law that are NOT unconstitutional, severing it from the unconstitutional part(s). In this case, the judge said "phewee" to the ENTIRE law, because NONE of it could be saved!
And why do I say "BOGUS"? Because if you look at the law banning smoking, it had NO legitimate rationale basis for the local government to exclude Churchill Downs from its reach, other than the Louisville Metro Council members bowing to SPECIAL INTERESTS.
Now the Metro Council MUST go back to the drawing board!
Why do I say "COMPLETELY"? Well, in Constitutional Law jurisprudence, a court can save portions of a law that are NOT unconstitutional, severing it from the unconstitutional part(s). In this case, the judge said "phewee" to the ENTIRE law, because NONE of it could be saved!
And why do I say "BOGUS"? Because if you look at the law banning smoking, it had NO legitimate rationale basis for the local government to exclude Churchill Downs from its reach, other than the Louisville Metro Council members bowing to SPECIAL INTERESTS.
Now the Metro Council MUST go back to the drawing board!
Labels: Keeping them honest, Kentucky Constitution, Kentucky politics
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