[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.

what in the hell hs this fool been smoking is what i would ldike to know

[swarthyguy]

The fix is in. Bloomberg's prolly leaning on him.

[An.American.Expatriate]

What kind of pansy a** lawyers did these guys hire??? First Amendment rights??, Assembly etc...

This waste of time and money should have never even been considered. The judge was right to throw it out.

I am certain there are better arguments for contesting an outright ban on smoking than reverting to wild interpretation of the Bill of Rights.

[annyokie]

ping!

[BenLurkin]

IMO: we have too many judges who just don't get the whole "liberty" thing.

[motzman]

The judge, though, said even with the bans, "smokers remain free to associate and assemble as they please, to smoke or not, whether it be in a bar, a restaurant, a city street or any other place where it is permissible to do so."

Oh, I'm free to smoke in a bar as long as it's permissable. That makes sense.

[freepatriot32]

ping

[1Old Pro]

I wish a reputable organization would bring some serious suits.

[sneakers]

I still don't understand how the government can tell a bar or restaurant owner that they cannot permit smoking in their own PRIVATELY OWNED establishment. Am I missing something here?

[monkeywrench]

Marrero, a 1964 graduate of NYU who was an undersecretary of the Department of Housing and Urban Development under President Carter and U.N. ambassador under President Clinton, fondly recalled his time as program director of New York's Model Cities urban development project in the South Bronx.

"My work in the city was sort of front-line work, dealing firsthand with the problems of the poor community," he said. "Seeing the programs that we implemented, using the monies that were given for the South Bronx, was just fulfilling."

Before being appointed in 1999 by Clinton as a federal judge to the Southern District of New York, Morerro specialized in environmental law, real estate law and land-use law.

[Conspiracy Guy]

He's probably smoking that ball of string.

[Centurion2000]

He said "mere conduct such as smoking is not generally considered speech" and is not protected by the First Amendment.

So you can burn a flag but not a cigarette.

We're screwed by black robed tyrants.

[CSM]

"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!

[INSENSITIVE GUY]

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!

[microgood]

"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.

[satire]

Not expressive of anything human? Then how would the judge - or anyone - explain the existence of this website, or the hundreds like it:
http://smokingsides.com/docs/glamor.html

[Publius6961]

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".

[Just another Joe]

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.

[SheLion]

Audrey Silk, of the N.Y.C.L.A.S.H. had this to say:

"What frustrates me to no end though are the ones who comment about the grounds we sued on. If anyone here posts there (Darlene?) could you please point out that since NYC CLASH is NOT a group of OWNERS of ANY **PROPERTY** we could NOT bring suit on private property rights. We'd have no standing if we did that and the case would have been thrown out at the very filing.

That these ignoramouses (sp?) think we could pick and choose from a laundry list of arguments to try our case on and that we picked the "wrong" ones makes me wanna reach out n slap 'em. As THE PEOPLE our ONLY choices were the ones we tried. As THE PEOPLE we tried to prove that PEOPLE, not businesses, have rights (not that I mean that businesses don't have rights, just that it wasn't our place to argue it).

I learned a lot that I had no idea existed regarding how the law works. Whatever you believed you're guaranteed.... you're not. And man, except for finally proving to lawmaker after lawmaker after lawmaker that the science is bogus, NO ONE, not even private businesses, have a chance in the court. Not unless they find the perfect judge but even then any favorable decision will be overturned on appeal.

The power the legislative branch has to enact these laws are completely against us.

The court won't second guess them when it comes to "public health." Until there's a more unique situation that can be argued that doesn't even yet exist it has to be taken back to the legislative level."

Don't mean to depress anyone.
Audrey