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Federal court tosses out N.Y. smoking-ban lawsuit
freedomforum.org ^
| 04.10.04
| By The Associated Press
Posted on 04/13/2004 12:36:33 PM PDT by freepatriot32
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To: sneakers
Am I missing something here? Yes. The bar/restaurant obtains its license to operate from ...
21
posted on
04/13/2004 1:25:38 PM PDT
by
cinFLA
To: international american
Another win for the states-rights side.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
22
posted on
04/13/2004 1:29:59 PM PDT
by
cinFLA
To: cinFLA
Yes. The bar/restaurant obtains its license to operate from ... You'll shortly get set upon by a pack of libertarians who believe that, despite a century of jurisprudence to the contrary, government has no power to regulate what goes on on privately owned property, even if that property is used to operate a business that is open to the public. For them, even a health department that tries to keep rat droppings out of restaurant food is an abuse of government power.
I wonder why smoking bans engender such passion from certain FReepers.
23
posted on
04/13/2004 1:34:21 PM PDT
by
Modernman
(Work is the curse of the drinking classes. -Oscar Wilde)
To: motzman
You beat me to it. The funny thing is that the laws they were fighting specifically make it so that it is not permisssable to smoke. Therefore, a smoker is not free to smoke or not. This judge can't possibly have made such a ludicrous claim! Of course, his support of flag burning and homosexuality made it clear what side of freedom he stands for!
24
posted on
04/13/2004 1:35:26 PM PDT
by
CSM
(Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
To: international american
"Oh, I'm free to smoke in a bar as long as it's permissable. That makes sense."
Some other things I'm free to do, as long as it's permissable:
Drive 150MPH down the NJ Turnpike while pointing a crossbow at cops with an apple on my head
Lie under oath repeatedly
Poop in the sink of a ladies' public restroom
Get into movies free by walking in backwards
Print my own money and scam Nigerians with it
Negotiate peace terms with N. Vietnam in France during wartime (if JF'nK can do it, so can I!)
Drag an ATM down the street with a pick-up truck until it leaks money, then shout "Finders Keepers!"
Light my neighbor's hair on fire, then pee on his head to put out the flames
Use tire chains on my motorcycle in July
Put my elbow in my ear and yell "See, told you so!"
Eat plastic decorative fruit and say "Tastes like Chicken"
This is fun!! I love America!
25
posted on
04/13/2004 1:36:58 PM PDT
by
motzman
(Kerry: His slogan is a slogan about the inadequacy of slogans.)
To: cinFLA
Do you support a state's right to decide legality of substances? Don't bother to answer, I know your stance already. I just think it is very funny you pull out the state's rights argument in support of elimination of private property, yet you fight it on the WOsD threads!
26
posted on
04/13/2004 1:38:43 PM PDT
by
CSM
(Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
To: freepatriot32
"U.S. District Judge Victor Marrero concluded in a ruling released yesterday that New York state and city legislators were being rational when they used police powers over the health and welfare of the public to enact smoking bans."
Can anyone think of a more fascist statement? The use of police over health of its citizens is Fascism, plain and simple. It is nice to see some anti smoker just come out and admit it!
27
posted on
04/13/2004 1:40:41 PM PDT
by
CSM
(Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
To: CSM
Huh?
28
posted on
04/13/2004 1:49:10 PM PDT
by
cinFLA
To: CSM
yet you fight it on the WOsD threads! I never.
29
posted on
04/13/2004 1:50:25 PM PDT
by
cinFLA
To: freepatriot32
The constitution makes NO ALLOWANCE to protect public health!It says to PROMOTE the general welfare and PROMOTE is the operative word.PROMOTE means to inform and/or encourage and that is as far as you are allowed to take it.IT DOES NOT MEAN TO FORCE OR BAN!
To: freepatriot32
"The act of smoking is entirely unrelated to any condition of human being. It is simply not on the same elemental plateau as a person's sexual orientation in defining, in existential terms, who the individual is," he wrote.
Translation. I am God and do not like smoking, but its OK to be a homo.
To: CSM
Can anyone think of a more fascist statement? The use of police over health of its citizens is Fascism, plain and simple. It is nice to see some anti smoker just come out and admit it!
Thiry more years of this crap and this country won't be worth defending. We will let our enemies have it as long as they promise to kill everyone currently involved in our governments.
To: freepatriot32
33
posted on
04/13/2004 3:25:22 PM PDT
by
satire
To: An.American.Expatriate
You're correct, it was pretty silly ground upon which to base the lawsuit. They should have gone upon the grounds of private property rights based in the "takings" clause of the Fifth amendment, IMHO. Or something, anything, more tangible than equating smoking with "free speech." This lawsuit was just asking to get dismissed upon such frivilous grounds.
34
posted on
04/13/2004 5:13:09 PM PDT
by
A Jovial Cad
("dated Kimber; married Glock")
To: Modernman
I wonder why smoking bans engender such passion from certain FReepers.Do you live in a bubble of purified air?
35
posted on
04/13/2004 5:22:49 PM PDT
by
xrp
To: Centurion2000
So you can burn a flag but not a cigarette. Someone should start selling flag fags.
36
posted on
04/13/2004 5:26:32 PM PDT
by
supercat
(Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
To: freepatriot32
U.S. District Judge Victor Marrero concluded in a ruling released yesterday that New York state and city legislators were being rational when they used police powers over the health and welfare of the public to enact smoking bans. Well... just another confirmation that in today's America anybody can become a judge.
Of course it's appropriate to challenge state and city legislators when the claim over health and welfare is manufactured and contrived to effect a desired result. Validating fraud is a strange way to argue "reason".
To: freepatriot32
U.S. District Judge Victor Marrero concluded in a ruling released yesterday that New York state and city legislators were being rational when they used police powers over the health and welfare of the public to enact smoking bans.Let's say what he really means.
It's coming, you KNOW it's coming.
38
posted on
04/13/2004 7:21:11 PM PDT
by
Just another Joe
(Monthly donors are better lovers)
To: cinFLA; xrp
I wonder why smoking bans engender such passion from certain FReepers. Do you live in a bubble of purified air?
See what I mean?
39
posted on
04/13/2004 8:22:41 PM PDT
by
Modernman
(Work is the curse of the drinking classes. -Oscar Wilde)
To: Modernman
It appears you failed to answer my question in your quest for the destruction of freedom and liberty. Why don't you move to Germany or France where they like telling businesses how to run?
40
posted on
04/13/2004 8:43:31 PM PDT
by
xrp
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