CourtCases2010

816 f2d at 543 emphasis added

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Unformatted text preview: lation reaches well beyond the work place and well beyond the hours for which they receive pay. It burdens them after their shift has ended, restricts them on weekends and vacations, in their automobiles and backyards and even, with the doors closed and the shades drawn, in the private sanctuary of their own homes. Id. at 541 (emphasis added). The court further recognized that a balancing or rational connection test was required [**10] to prevent the state from "arbitrarily and for no reason, conditioning employment upon an agreement to refrain from any of a nearly limitless number of innocent, private and personal activities." Id. at 542. n7 - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - - - - - - - n7 Although the court in Grusendorf found a reasonable relationship between the regulation prohibiting firefighter trainees from smoking cigarettes either on duty or offduty and the health and safety of the firefighter trainees, the court specifically noted that "good health and physical conditioning are essential requirements for firefighters." 816 F.2d at 543 (emphasis added). - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - - - - - - Like the regulation in Grusendorf, Regulation 1-46 restricts Kurtz' smoking habit even in the privacy of her own home. Although the federal constitution requires a compelling state interest only in cases involving fundamental rights, the range of privacy issues requiring a compelling interest standard are far broader under article I, section 23. The City's attempt [**11] to regulate lawful conduct unrelated to job functions is the type of activity the citizens of Florida sought to restrict when they opted to approve section 23. The City failed to meet its burden of showing a compelling interest sufficient to outweigh Kurtz' privacy interest. The City has [*903] a legitimate interest in attempting to reduce 62 health insurance costs and to increase productivity. See Bowman v. Township o...
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