Non-Smoking Mandate Doesn't 'Take' Private Property

That was a squeaker. In case you were confused, Ohio Judge Lanzinger explains, ""The 'taking' of appellants' indoor air space is not the type of taking contemplated by either the Fifth Amendment to the U.S. Constitution or the Ohio Constitution, Article I, Section 19," Lanzinger wrote. "Appellants have also failed to demonstrate that the Smoke Free Act interfered with a distinct investment-backed expectation...." Thank goodness that's cleared up.