The City Council for the City of Toledo, Ohio, passed the Clean Indoor Air Ordinance, No. 509-03, which regulated smoking in public places, including restaurants and bars. A number of bar, restaurant, and bowling alley owners came together as D.A.B.E., Inc., to sue the City of Toledo. D.A.B.E. argued the Clean Indoor Air Ordinance constituted a regulatory taking of their property in violation of the Fifth and Fourteenth Amendments. The district court denied D.A.B.E.’s motions for relief, and D.A.B.E. appealed.

1. What reasons does Judge Martin use to support his conclusion?
Clue: First identify the issue and conclusion, then find the support offered for why the conclusion drawn is appropriate.
2. Upon which ethical norm does Judge Martin’s opinion most rely?
Clue: What ethical norm would support D.A.B.E.’s argument that the Clean Indoor Air Ordinance constitutes a regulatory taking?