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Do smokers have any rights?
eco-logic Powerhouse.com ^ | February 15, 2005 | Alan Caruba

Posted on 02/15/2005 8:24:48 AM PST by SheLion

Do people who enjoy smoking have any rights? Increasingly, the answer is no. It is essential to keep in mind that smoking cigarettes, cigars, or pipes is an entirely personal choice. No one is required to smoke. Millions voluntarily stop smoking every year. People have been smoking, and enjoying tobacco products for a very long time, but now they have been demonized and ostracized.

Using the power of government, to tax, smokers are being ripped off at every level. Recently, New York City sent letters to 2,300 residents giving them thirty days to pay the taxes on the cartons of cigarettes they had purchased over the Internet. It's the law.

A single pack of cigarettes in New York City comes with a state tax of $1.50, a city tax of $1.50, and a federal tax of 39 cents. A pack of Marlboro cigarettes will cost you $7.00. A ten-pack carton will cost you more than $55.00. Purchased at an international airport's duty-free store, the same carton retails for just $16.00.

There are few, if any, people who do not know there is an element of risk involved in the decision to smoke. There is risk involved when any American gets into his car and goes anywhere. Driving kills over 40,000 Americans every year. It is the price we pay for the mobility, and other benefits cars and vehicles provide. There is, in fact, risk in every human activity, including the enjoyment of alcoholic beverages and even the simple act of eating.

The U.S. engaged in a hugely failed experiment, called Prohibition, to stop people from drinking alcoholic beverages at their favorite saloon. It took a Constitutional amendment to end it. For many years now, the same thinking that imposed Prohibition has been at work to achieve the same outcome with smoking.

It is un-American in the most profound sense of that term. In a nation founded on the individual right to life, liberty, and the pursuit of happiness, preventing people from the enjoyment of smoking runs contrary to the inherent right to enjoy this lifestyle option if you want.

Consider, however, some events in 2004. The first worldwide antismoking treaty - the Framework Convention on Tobacco Control (FCTC) - was ratified, and is now in effect. It is yet another example of the United Nation's intention to control every aspect of the lives of everyone on planet Earth. Action on Smoking and Health (ASH) is the lead organization in America, and it has promised to "now concentrate on enforcement efforts."

During 2004, six nations imposed a no-smoking ban. Among them were Ireland, New Zealand, Norway, and Sweden. These nations are notable for their liberal, i.e., socialist political agendas. Here in the U.S., so-called "nonsmoker's rights" became law in Idaho, Massachusetts, and Rhode Island. At the local level, thirty-two jurisdictions passed comprehensive workplace smoking laws in 2004, along with "less comprehensive smokefree workplace laws."

There's more. Eleven States, including Virginia, where historically tobacco was the crop that encouraged its establishment and growth as an American colony, substantially increased their cigarette taxes. Consider the example of New York City, and multiply it by other cities and states, cashing in, while at the same time, banning smoking, indoors and out. That is obscene.

Now imagine a similar level of taxation on a candy bar, a cup of coffee, or soft drink. Think it can't happen? Think again.

ASH has big plans for 2005. It plans to "take advantage of a new ruling which now makes it possible for sensitive nonsmokers to sue states which do not provide them with reasonable protection from tobacco smoke pollution."

These suits will eventually cost taxpayers millions, draining vital financial resources from serious needs such as infrastructure improvements. ASH will push for more and more bans, on people who smoke outdoors on beaches, and elsewhere. In California, it is already against the law to light up on the beach.

Let's say you've just bought a condo, or moved to an apartment. ASH intends to encourage and assist lawsuits by apartment dwellers who object to neighbors smoking in their own apartments. In the name of protecting children, ASH will pursue laws that ban parents from smoking around their children, by getting courts to issue orders to ban smoking in custody cases, or by a foster parent, or in a car, while driving children anywhere.

All this is happening in the "land of the free, and the home of the brave," as well as around the world, where the U.N. antismoking treaty bans any advertising for tobacco products, requires health warning labels similar to those on products sold in the U.S., bans any secondhand smoke in workplaces, public transport, and indoor public places.

It empowers a vast law enforcement program against smuggling, and there will be smuggling, leading to cartels that rival illegal drugs. There's more, but the ultimate objective is to eliminate smoking anywhere on the face of the Earth.

This is pure fascism - using the power of the state to deny this simple pleasure from being enjoyed anywhere. And, when the national and global antismoking campaign is successful, these same people will turn their attention to banning the consumption of meat, fish, cookies, candy, potato chips, soft drinks, or anything else they decide you should not enjoy.

Do smokers have any rights? Apparently not.


TOPICS: Culture/Society; Government
KEYWORDS: addiction; allergies; antismokers; asthma; bans; butts; cigarettes; fda; individualliberty; lawmakers; maine; niconazis; peeeeyew; plssmokeathome; pplneed2breathe; professional; prohibitionists; pufflist; regulation; right2breathe; rinos; senate; smokersstink; smoking; stayhomeandsmoke; stench; taxes; tobacco
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To: SheLion
Sounds like its time to open some "smoke-easys"... i.e. speak-easys
With people growing tobacco as "ornamental plants"...
or landscape shrubbery...(wink) d;-'

Theres money to be made.. and laws to be scoffed at..

161 posted on 02/15/2005 2:18:52 PM PST by hosepipe (This propaganda has been ok'ed me to included some fully orbed hyperbole....)
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To: Old Professer
Your birthdays must be terribly dull

Not unless you consider a party with 18(7 children) family members dull. Asthma and allergies run in the family so no one smokes, wears perfume,etc. when we get together! :-)

However, my last birthday was rather dull as I was bedridden due to illness. I am an optimist and hope for a better one next year! :-)

162 posted on 02/15/2005 3:12:48 PM PST by housewife101
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To: SheLion

Good point. What I was trying to point out was that it is activity that is banned, not people. Whenever I hear things like "smokers are not allowed here or there," I bristle. Smokers ARE allowed everywhere non-smokers are. They just cannot smoke there.

I compared to the homosexual rights crowd because they say they don't have the same right to marry that normal people do. I remind them that we all have the same exact rights. It is just that they are motivated to do a thing that nobody is allowed to do - marry their same sex.

Legally speaking, and about this particular issue, the two issues are actually similar. The two are not really comparable on moral ground however.


163 posted on 02/15/2005 3:21:50 PM PST by RobRoy (They're trying to find themselves an audience. Their deductions need applause - Peter Gabriel)
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To: SheLion; mugs99; Conspiracy Guy; CSM

A couple of years ago or so some lunatic in Delaware got an opinion piece printed in one of the daily papers equating smokers with pedophiles.

SheLion, I bet you remember that.

In one of my boxes I still have a copy of it - that particular paper doesn't put their opinion page on their website.....they never did print my rebuttal to him, but they never did print one of his screeds about tobacco again either.


164 posted on 02/15/2005 3:28:30 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Gabz

Back in post #80 I was joking that smokers were rated slightly above pedophiles ... I can't believe anyone ACTUALLY thinks like that.


165 posted on 02/15/2005 3:48:45 PM PST by usgator
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To: Gabz

Good Lord! Shame on the newspaper for even publishing it.

The infamous pedophile priest,Paul Shanley, from my town was sentenced today. May he rot in hell !!!!I don't know if he smokes or not, but to compare smokers to pedophiles really gets my hackles up!


166 posted on 02/15/2005 4:12:00 PM PST by Mears ("Call me irresponsible".)
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To: Raycpa
.....a candy bar, a cup of coffee, or soft drink.

Not addictive?????????? I've said you were delusional for a long time - now you've gone and proven me correct (again). Thank you very much.

167 posted on 02/15/2005 4:25:56 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Gabz
Not addictive??????????

Well, maybe. I can usually make it through an entire meal without a $5.00 candy bar if i really set my mind to it. And I do loiter outside the front door of my office eating a Hershey bar several times a day in all sorts of crappy weather. In fact, as soon as a get up in the morning I reach for the Hershey kisses just to get started. Yes, its addictive

168 posted on 02/15/2005 4:35:39 PM PST by Raycpa
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To: SheLion
Yes, well, tell that to all the private business owner's that are going broke and having to close.

They are forced to close because smokers cannot control their smoking urge for a few lousy hours.

169 posted on 02/15/2005 4:37:27 PM PST by Raycpa
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To: Raycpa

Caffeine - contained in chocolate, tea, coffee, and soft drinks is actually mroe addictive than nicotine.


170 posted on 02/15/2005 4:57:50 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Jay777

If you smoke in my air, can I spit in your drink?

I'm not an anti-smoking nazi, but I do think that reasonable restrictions are in order. The smell gets into your clothes, your hair, and everything else, even if you're not smoking.

Hey, keep on smoking. If you get a disease from it, take responsibility for it and don't sue the company.

Oh, and for us motorcyclists, don't through the cig out the window while we're going by. Not only is it incredibly annoying and dangerous for us, it's also incredibly unsafe for your health if you piss off a 1%er (Hells Angel, etc.)


171 posted on 02/15/2005 5:04:14 PM PST by Ecthelion
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To: Ecthelion

As a smoker, I don't have problems with reasonable restrictions........but I have a major problem with government mandates banning it from private property. If you have a problem with the smell on your clothes or in your hair, don't go where it is permitted, but don't demand the government ban it everywhere.

As to those tossing cigarettes out the window of a car - they need a lesson in DO NOT LITTER.......but so do the idiots who toss fast food wrappers and other things out the window.

And for you motorcycle riders, do me a favor, stay within the lines so that those of us in cars can see you. Nothing scares me more on the road than some yahoo on a bike riding the line in my blind spot, and then shooting past me in a no passing zone. (it happened to me today and so is fresh in my mind)


172 posted on 02/15/2005 5:23:06 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Ecthelion

I respect non-smokers when i smoke. I isolate myself. I don't even smoke in my house. And I wouldn't sue the ciggerette company. By the way...I said I'm workin on quitting! So no, don't spit in my drink. But personally, if I ever smoke anywhere close to you and it bothers you, then go ahead and spit in my face.


173 posted on 02/15/2005 5:44:41 PM PST by Jay777 (Join The Resistance at www.stoptheaclu.org)
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To: Gabz

I'm no Squid (Squirelly young kid) Well, I am 21, but I ridea cruiser, and I abide by the laws of the land when riding. I can't stand the squids and sharks either. :)

I'm with you on government interference.


174 posted on 02/15/2005 6:21:21 PM PST by Ecthelion
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To: Jay777

Good luck with the quitting! And I'm not big on spitting on much of anything. :P

My dad once told me that it was harder for him to quite smoking than to quite Marijuana / Cocaine. Go figure.


175 posted on 02/15/2005 6:22:31 PM PST by Ecthelion
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To: Ecthelion

You and I can get along........but you're still a kid to me!!!! I'm more than old enough to be your mother...........


176 posted on 02/15/2005 6:34:16 PM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: Ecthelion

Yeah, i had no problem stopping smoking pot!


177 posted on 02/15/2005 8:13:14 PM PST by Jay777 (Join The Resistance at www.stoptheaclu.org)
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To: SheLion
"Time for the tea chest to hit the water again."
I can't wait!



OOOH can we use Boston Harbor again??? Imagine if it was polluted by all us nasty habit people LOL Plus, there in nowhere in the US where people are taxed with no voice, like the people of MA. Oh the rest is trying to catch up, but MA is the worst!
178 posted on 02/15/2005 8:39:29 PM PST by gidget7
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To: Mears

Let's say you've just bought a condo, or moved to an apartment. ASH intends to encourage and assist lawsuits by apartment dwellers who object to neighbors smoking in their own apartments.



In CT and MA, this is quite common. If people smoke and they want a condo, they have to ask first. Even if they are buying it.


179 posted on 02/15/2005 8:41:52 PM PST by gidget7
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To: gidget7
there in nowhere in the US where people are taxed with no voice, like the people of MA. Oh the rest is trying to catch up, but MA is the worst!

Try Maine. MA and Maine.....same same.

180 posted on 02/15/2005 8:44:03 PM PST by SheLion (God bless our military members and keep them safe.)
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