Fraternal Order of Eagles, Juneau-Douglas Aerie 4200, Mark Page, Brian Turner, R.d. Truax, and Larry Paul…

Summary

The Alaska Supreme Court affirmed summary judgment upholding Juneau's prohibition on smoking in private clubs that sell food or alcoholic beverages. It held that the ordinance regulates conduct rather than membership or association and therefore does not implicate First Amendment associational rights. It also held that smoking tobacco in a private club is neither a fundamental personal-autonomy right nor an exercise of the privacy right in the home, and that the ban bears a close and substantial relationship to protecting public health.