Izmir Association of Coffeehouses v. Prime Minister
Coffeeshops owners challenged a national smoke-free law which applied to all restaurants including coffeehouses. The owners claimed the law violated the constitutional guarantees of private enterprise, property rights, freedom, equality, as well as the principles of proportionality and necessity. The court rejected the owner's arguments, and upheld the smoke-free law.
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
A violation of property rights, sometimes in the form of an expropriation or a taking by the government. The tobacco industry may argue that regulations amount to a taking of property rights because they prevent the use of intellectual property such as trademarks.
Regulatory measures consisting of political actions designed to punish the tobacco industry or tobacco users. The industry may argue such arbitrary and capricious regulations will fail to achieve the stated objective. They may also argue that the measures are too extreme, prohibitively expensive, and violate the principle of proportionality.
Coffeeshops owners challenged a national smoke-free law which applied to all restaurants including coffeehouses. The owners claimed the law violated the constitutional guarantees of private enterprise, property rights, freedom, equality, as well as the principles of proportionality and necessity. The court rejected the owner's arguments, and upheld the smoke-free law.