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Before the Court of Appeals of Wisconsin a) Read the following extract from a legal text found on a bulletin board in a US Court of Law. b) While reading, underline keywords that help you understand what the text is about. CITY OF WAUSAU v. JUSUFI No. 2008AP1107 2 December 2008 Zack Jusufi is appealing a court judgment finding him guilty of two ordinance violations for failing to enforce the City of Wausau’s restaurant smoking ban within his restaurant. Jusufi argues the city’s differential treatment of restaurants and private clubs violates equal protection. BACKGROUND Jusufi operates a restaurant known as the Red Apple Social Club. To enter and be served in the club, membership is required. Membership is obtained by paying a one-time membership fee of one dollar. On 20 July 2005, Municipal Code ch. 9.40 became effective. Section 9.40.020 prohibits smoking in restaurants, but provides exceptions for, among other things, private clubs. On 22 August 2005, police officers visited the club. Upon entering, the officers discovered people smoking. Jusufi was cited for failing to enforce the smoking ban within his restaurant. A few days later, on 25 August, officers again entered the club and found a patron smoking. Jusufi was again cited for failing to enforce the smoking ban. Fact file No smoking with children present in the car In a number of counties in the USA, smoking in a car is forbidden for anyone if there are children present. Smoke-free vehicles ensure that clean air is maintained within the vehicle to fulfil a child’s need to breathe healthful, clean air. • • Arkansas: under the age of 6 or 60 pounds in weight • • Monroe County, Indiana: under the age of 14 • • Maine: under the age of 16 • • California; Bangor, Maine; Keyport, New Jersey; West Long Branch, New Jersey; Rockland County, New York: under the age of 18 F c) In your own words, summarise why Mr Jusufi had to appear before the Court of Law repeatedly. d) Collect arguments why Mr Jusufi’s behaviour is or is not justified. Speaking – Paired activity: No smoking You and your partner have decided to organise a big party to celebrate the beginning of the holidays. You are now talking about the question whether or not smoking should be allowed. Discuss the following aspects: • atmosphere • health issues • consuming food and drinks • location • legal issues Decide for or against smoking. 2  3  29 Nur zu Prüfzwecken – Eigentum des Verlags öbv

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