Owner of a nightclub was cited by municipal inspectors for allowing smoking in the club. After the club-owner first contested the fine in Municipal Court, he was convicted in a criminal offense for violating his duty as an owner to enforce the smoke free law and the fine was increased. His appeal to the District Court was denied. In this case, The Supreme Court denied the club-owner’s petition for appeal based on selective enforcement, stating that the fact that the inspectors did not cite any individual smokers is not sufficient to grant the petition. The Court added that in future cases, enforcement agencies should enforce the law against smokers as well as owners.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Owner of a nightclub was cited by municipal inspectors for allowing smoking in the club. After the club-owner first contested the fine in Municipal Court, he was convicted in a criminal offense for violating his duty as an owner to enforce the smoke free law and the fine was increased. His appeal to the District Court was denied. In this case, The Supreme Court denied the club-owner’s petition for appeal based on selective enforcement, stating that the fact that the inspectors did not cite any individual smokers is not sufficient to grant the petition. The Court added that in future cases, enforcement agencies should enforce the law against smokers as well as owners.