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Appeals Court Rejects Challenge to Outdoor Smoking Ban
Wall St Journal ^ | November 8, 2012 | Joe Palazzolo

Posted on 11/08/2012 5:21:17 PM PST by Drango

click here to read article


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To: HiTech RedNeck
she blamed you for somebody else’s smoke

Don't be silly.
Even rabid anti-smokers aren't that stupid.

21 posted on 11/08/2012 10:07:10 PM PST by publius911 (Formerly Publius 6961, formerly jennsdad)
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To: publius911

By a band shell and/or surrounded by other large objects, winds can whip around rather than being “up” or “down.” She smelled smoke, she saw you. Blamed.


22 posted on 11/08/2012 10:14:11 PM PST by HiTech RedNeck (cat dog, cat dog, alone in the world is a little cat dog)
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To: publius911

That’s your opinion. In my experience the majority of smokers feel they are special and deserve special privileges. And if they don’t get them they become bullies.

I do think that smokers have the right to smoke in their own property and in private businesses and privately owned places where the owners of those private places allow smoking. Property owners should set smoking policy, not any government. The anti-smoking laws are absolutely wrong in that respect and should be changed.

But in public places, smoking laws are no different than any other nuissance law. The question then goes beyond smoking and into the realm of whether or not communities have the right to self-regulate.

An example: in some cities it is illegal to talk on your cell phone and drive, or text and drive ... and in others it is not illegal to do those things. Each community sets its own standards and I don’t think we need a state or federal law for this. Each community sets their own laws for noise, litter, public decorum, speed limits, drinking in public, etc. The same should apply for smoking in public places. If a community want to allow or disallow smoking in public places, the citizens of that community have the right to set their own public policy on this.


23 posted on 11/08/2012 10:17:04 PM PST by Lorianne (fedgov, taxporkmoney)
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To: publius911
Therapy? Therapy for the fact that I find cigarette smoke to be quite irritating?

Talk about your arrogance and intransigence.

Jerk.

I don't have to see someone smoking to be irritated about it. I can tell instantly if somebody is smoking a cigarette from about 30 feet away, AND IT IS A PHYSICAL IRRITATION TO MY SYSTEM.

I never really expected that to be the case. In fact, I grew up with two parents who were both smokers. But years later, I find - somewhat to my surprise - that cigarette smoke is a very significant, PHYSICAL irritant.

24 posted on 11/08/2012 10:20:25 PM PST by Jeff Winston
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To: Lorianne

I’m a smoker and I agree with you.

On private property...I have no problem respecting the wishes of the owner...but not the government.


25 posted on 11/08/2012 10:20:41 PM PST by Vigilantcitizen (Dave Mustaine for president.)
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To: Lorianne

A public place to you means a place that is owned by a government...?


26 posted on 11/08/2012 10:21:12 PM PST by HiTech RedNeck (cat dog, cat dog, alone in the world is a little cat dog)
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To: publius911

The Federal Rules would apply, say, if Joe sued Moe for the harm caused by Moe’s cigarette smoke. Or if the presence of cigarette smoke were evidence in a criminal case.

It has nothing to do with whether a law banning something needs to first absolutely prove a harm from the something. Not even the USSC will strike a ban for such a failure.


27 posted on 11/08/2012 10:24:27 PM PST by HiTech RedNeck (cat dog, cat dog, alone in the world is a little cat dog)
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To: Jeff Winston

kind of ironic to be a Winston isn’t it :-)


28 posted on 11/08/2012 10:25:20 PM PST by HiTech RedNeck (cat dog, cat dog, alone in the world is a little cat dog)
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To: Jeff Winston

Second-hand smoke is a killer....the problem is....it isn’t 100% effective.


29 posted on 11/08/2012 10:25:36 PM PST by superfries
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To: Jeff Winston; publius911

Does beef broth throw off or irritate your stomach as well?


30 posted on 11/08/2012 10:28:15 PM PST by superfries
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To: HiTech RedNeck

now that was damn funny


31 posted on 11/08/2012 10:29:17 PM PST by superfries
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To: Jeff Winston

Just having a bit of fun with ya Winston......I am sure your condition is a serious one. Forgive me?


32 posted on 11/08/2012 10:31:59 PM PST by superfries
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To: Jeff Winston; Lorianne

As a life-long smoker and former RN...you are both naive and/or so self-centered that you must live under a rock. Crying about second-hand smoke? Get a real issue to whine about. There are so many!

Like how in the hell did the pot head smoker in the White House win a re-eleciton with a majority turnout of the GOP? Once again just so you catch it...BO and his supporters smoke!


33 posted on 11/08/2012 10:52:52 PM PST by JouleZ (You are the company you keep.)
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To: Just another Joe; Drango

Didn’t think so.


34 posted on 11/09/2012 4:54:12 AM PST by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: JouleZ

I can handle multiple issues at once.

Smoking is a public nuissance no different than any other and my post was about the right of communities to self-regulate on this front. Only smokers think their issue is ‘special’ and demand special rights in the public realm.

You needn’t have identified yourself as a smoker because that is self evident in your name-calling, bullying attitude. It’s a smoker’s ‘tell’.

I have no idea why you think Obama’s smoking habit has anything to do with the election results or that it’s news to me that he is a smoker. What does any of that have to do with this discussion?


35 posted on 11/09/2012 6:02:05 AM PST by Lorianne (fedgov, taxporkmoney)
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To: HiTech RedNeck

Any place that is owned in common and maintained by citizens/taxpayers. Public buildings and their grounds, public streets and sidewalks, public parks, etc. Nuisance laws cover these areas and the people of the community have the right to put in place nuissance laws.

If they don’t have that right it would be an interesting case if it were ever brought to the Supreme Court. For example, does a community have a right to impose laws against public nudity? Noise? Camping in parks? Littering? ... you get the idea, the list is infinite.

I don’t think a private restuarant or business is a public place as it is currently construed by anti-smoking laws. Those laws intentionally misconstrued the English language which is another issue which needs attention.


36 posted on 11/09/2012 6:54:00 AM PST by Lorianne (fedgov, taxporkmoney)
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To: ari-freedom

Then we would have to say no campfires and no grilling in the park.


37 posted on 11/09/2012 7:01:32 AM PST by dforest
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To: JouleZ

I simply noted that as a non-smoker, I find cigarette smoke to be a nuisance. It is an irritant, to the extent that even if someone is 20 or 30 feet away, it bothers me.

For that I was advised to “get therapy.” But there’s nothing to get therapy for. It doesn’t bother me mentally. I frankly don’t give a flip whether anybody else smokes or not. It bothers me physically. That’s the case even though I grew up in a smoking household. And I doubt that I am alone in this.


38 posted on 11/09/2012 8:15:46 AM PST by Jeff Winston
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