Do smokers have any rights?

eco-logic Powerhouse.com ^ | February 15, 2005 | Alan Caruba

[CSM]

"If the government bans it, then it will become a crime."

And I will be a criminal.

[usgator]

I finally listened to my fellow FReepers

And now you've passed that info on to others. Thanks!

[calex59]

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

"No, because these are not addictive. Only addicts can be controlled enough to be willing to pay confiscatory taxes in order to "enjoy" (read avoid withdrawal symptoms) a cigarette."

Not addictive? You are talking about chocolate and coffee here, they are both addictive. Chocolate to a lesser degree, but lots of people would pay a large sum of money to get their chocolate fix. Coffee is addictive and if you try to stop drinking it you will get headaches for weeks afterwards. Also, coffee is dependency forming. They could get away with heavy taxes on both these items to a large extent but not as heavy as the tax on cigs.

[mugs99]

The way I get treated by some people you would think it rates slightly above pedophilia on the crime list

"Tobacco is the most violence causing drug in the history of mankind. Most tobacco smokers are Pedofiles and Hillbillies. Their Satanic music, rock and country, result from tobacco usage. This tobacco causes women to seek sexual relations with underage girls."--Tobacco Czar, Tobacco Tax Act hearing, 2010
...

[tahiti]

"But their right to burn tobacco around other people may not exactly be covered by the Ninth Amendment."

And why would it not?

There is no credible, statistically signficant, replicable study that proves that "secondary" smoke is eminently dangerous to the health of other individuals.

Protection from an eminent danger to another citizen"s "rights" by another citizen is the one of a few justifications for government to exist.

A citizen's rights are not in eminent danger because they do not like the scent of burning tobacco. If it was, then you could make the same case for perfume, deodorant, and body odor.

Then there is the issue of "private property." How did government constitutionally gain jurisdiction over private property?

Some say the commerce clause is the federal government's constitutional justification. As to state government's constitutional jurisdictional justification, the police powers of the state to protect the safety and health of the citizens is the state's justificaton.

Well if that is the case, then your federal government has legislative jurisdiction within most citizen's homes, emanating form the commerce clause, because most citizens have a home loan with a financial institution that is involved in interstate commerce.

Wait to the fed's do not allow smoking in your home, the storage of gasoline for your lawn mower, the storage of paint, the state orders you to recycle your trash, reduction of electricity use because of air pollution, etc.

If the state does not have to prove "eminent" danger to health and safety of citizens when denying or disparaging rights on private property, in particular, then we obviously do not have any rights at all.

[notigar]

But people get sick from other peoples smoke. Its a fact.

[Final Authority]

Where in the US Constitution is the right to smoke documented? It is sort of like, where is the right to absolute privacy documented? It is not so it is indeed up to interpretation of men (and women).

Someone said early last year that if gays do not have the right to marriage then there is inequality based on sexual preference. Well the answer is that gays have exactly the same rights as heterosexuals, that is, they can marry, but not those of the same sex.

[PeterFinn]

My wife has asthma and used to be in the hospital at least once a month. Then she married me and moved out from her home with her four-pack a day father. Since then she has been fine. So I personally know that secondhand smoke does have an effect. Anyhow...

I don't go for all of the socialist crap aimed at tobacco because the hypocrites support legalizing marijuana. The truth is that they just don't like tobacco companies.

[CSM]

"But people get sick from other peoples smoke. Its a fact."

Please provide the data that proves your "fact."

[Toespi]

The only ones who have less rights than a smoker are the private restaurant and bar owners who are being forced to operate their businesses the way the government is telling them to.

[Raycpa]

Because it has been demonstrated (if not proven) that for everyone except a very few people with a real illness, that the "damage" from SHS is psychological, a neurosis.

We are not 100% sure so we protect the adult while letting the child take the risks. Is that logical ?

[Raycpa]

Not addictive enough to pay 5 per day, every day to have a chocolate or caffeine fix.

[SheLion]

You mean it's not? The way I get treated by some people you would think it rates slightly above pedophilia on the crime list.

Cigarettes are the only legal commodity that we can buy, yet are treated like criminals for using it.

[SheLion]

And now you've passed that info on to others. Thanks!

I just can't believe how much money I have saved.

[SheLion]

Not addictive? You are talking about chocolate and coffee here, they are both addictive. Chocolate to a lesser degree, but lots of people would pay a large sum of money to get their chocolate fix. Coffee is addictive and if you try to stop drinking it you will get headaches for weeks afterwards. Also, coffee is dependency forming. They could get away with heavy taxes on both these items to a large extent but not as heavy as the tax on cigs.

You sure have that right!  I tried switching to decaf once.  I had a migraine for a week!

And I have friends who can't function in the mornings until they have their Pepsi.  I'm not kidding.

[CSM]

"We are not 100% sure so we protect the adult while letting the child take the risks. Is that logical ?"

Are you stating agreement with those of us that stand against the "smoke free workplace" legislation? OR are you making a case for the government to monitor behavior in one's home, "for the children"?

[SheLion]

"Tobacco is the most violence causing drug in the history of mankind. Most tobacco smokers are Pedofiles and Hillbillies. Their Satanic music, rock and country, result from tobacco usage. This tobacco causes women to seek sexual relations with underage girls."--Tobacco Czar, Tobacco Tax Act hearing, 2010

What?!

[notigar]

http://www.cdc.gov/tobacco/factsheets/secondhand_smoke_factsheet.htm

[Conspiracy Guy]

LOL. That is where it's headed.

[exnavychick]

2010?!

That's weird. Besides, this guy's off his rocker, imo.