Editorial: A new city ordinance would place a health and safety tax on cigarettes, with advocates arguing that the sale of cigarettes poses a public health risk to the citizens of the city who don’t smoke. Smokers’ advocates argue that this ordinance would place undue burden on smokers and is unlawful discrimination.

Which of the following, if true, most weakens the smokers’ advocates’ argument?

A. It is illegal for the city to discriminate against citizens because of personal choices.
B. It is illegal for the city to discriminate against citizens for health reasons.
C. Taxes can legally be considered discriminatory within the city’s constitution.
D. Taxes levied on non-necessary goods are passed by public referendum and cannot be challenged legally.
E. Taxes levied on non-necessary goods are passed by public referendum and can only be challenged civilly.


OA D

Source: EMPOWERgmat