Takings claims are the newest type of claim to be filed by the opposition. The Fifth Amendment prohibits "private property [from being] taken for public use without just compensation." Business owners living in smokefree areas now file claims stating that the government has deprived them of the ability to make a profit.

Not only are takings claims based on the false notion that smokefree ordinances are bad for business, but courts now hold that businesses that allow smoking have been put on notice that that the value of their business may be adversely affected by government action.

It's still too early to say whether takings claims will become a formidable challenge to smokefree ordinances, but thus far, no court has upheld a claim based on takings.