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Legal Maneuvers The tobacco industry mounted legal challenges based on many arguments including the following: Smoking is a fundamental right Local governments do not have the legal authority to pass smoke-free laws Smokers and business owners were not getting equal protection The public was not notified of smoke-free hearings A business owner is entitled to compensation because a regulation renders their business unviable In private clubs, the rights of members are violated by smoking regulations Smoke-free laws are difficult to enforce The tobacco industry also sought to utilize their lobbyists and political clout to weaken legislation