Reference no: EM131674847

Question: The city of Toledo, Ohio, passed the Clean Indoor Air Ordinance, which, among other provisions, required smoking to be prohibited in bars and restaurants except in separate smoking lounges that met very specifi c criteria. The lounge could not constitute more than 50 percent of the establishment's square footage into which the public is invited, must have a separate ventilation system, and cannot be located in an area where employees are required to work or that the public must walk through to go to the restroom. An association of bar and restaurant owners challenged the law as a regulatory taking. The district court denied the claim, and the association appealed. How do you think the appellate court ruled and why?