Posted on 06/01/2005 3:31:09 PM PDT by Crackingham
Port of Call's general manager, Mike Mollere, has considered creating a no-smoking section in his Esplanade Avenue restaurant, but a bill scheduled to be debated today in the state Senate may force him to ban smoking entirely. Senate Bill 354, which is at the top of the Senate's agenda this morning, would ban smoking in virtually all indoor public places in Louisiana, including restaurants and bars, although they could still let smokers light up in outdoor areas, such as patios.
Most businesses in the state that employ four or more workers would be required to adhere to the ban, including bowling alleys, pool halls and indoor sports arenas. Hotels and motels would be required to have no more than 25 percent of their rooms as smoking rooms, and smoking would be banned in lobbies and hallways. Smoking in casinos also would be banned, but the bill's sponsor said he plans to introduce an amendment to exempt casinos because he believes it will help the bill's chances.
"I'm not against smoking," said Sen. Rob Marionneaux, D-Livonia, who is sponsoring the bill. "But there's a time and a place for it, and it's not at a restaurant where families are having dinner."
The bill makes exceptions for private homes, tobacco bars and tobacco shops, privately rented limousines, and outdoor areas such as parks.
Tom Weatherly, vice president of communications and research for the Louisiana Restaurant Association, said the association is vehemently opposed to a smoking ban. That's based more on the rights of restaurateurs and less on economics.
"There are fewer and fewer people that smoke and more options for those who desire smoke-free environments. We believe that should be a decision made between the patron and the restaurant," Weatherly said.
(Excerpt) Read more at nola.com ...
If there is one group of people I would like to see tarred and feathered, it is the moralistic anti-smoking crowd. And I don't even smoke cigarettes.
Agreed with everything. And I've never smoked a cig in my life.
75% of people don't smoke. where is the downside?
At the same time, these morons are trying to tax cigarettes more to pay for the Saints.
ARTICLE I. DECLARATION OF RIGHTS
Section 1. All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the rights of the individual and for the good of the whole. Its only legitimate ends are to secure justice for all, preserve peace, protect the rights, and promote the happiness and general welfare of the people. The rights enumerated in this Article are inalienable by the state and shall be preserved inviolate by the state.
Section 4.(A) Every person has the right to acquire, own, control, use, enjoy, protect, and dispose of private property.
(C) Personal effects, other than contraband, shall never be taken.
Section 19. No person shall be subjected to imprisonment or forfeiture of rights or property without the right of judicial review based upon a complete record of all evidence upon which the judgment is based.
Section 24. The enumeration in this constitution of certain rights shall not deny or disparage other rights retained by the individual citizens of the state.
"Senate Bill 354, which is at the top of the Senate's agenda this morning, would ban smoking in virtually all indoor public places in Louisiana, including restaurants and bars,
Bars and restaurants are clearly "private property" and as listed above the Louisiana Constitution is clear and unambigous in it's protection of private property from government taking and control.
This bill is blatantly unconstitutional by denying rights, privileges, and immunities of citizens.
That being the case, a citizen of Louisiana needs to present the following case:
U.S. Supreme Court
HAFER v. MELO, 502 U.S. 21 (1991)
monetary damages under 42 U.S.C. 1983
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. . . ."
We hold that state officials, sued in their individual capacities, are "persons" within the meaning of 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under 1983 solely by virtue of the "official" nature of their acts.
The judgment of the Court of Appeals is Affirmed.
At the nearing of the end of my years, I long to have gotten to Montana (or any other state) before the bankers'n'lawyers got there.
PUFF!
FMCDH(BITS)
Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.-- C. S. Lewis
Pretty much says it all, don't it?...(though C.S. doesn't approach the "tax our asses off" angle...)
FMCDH(BITS)
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So take the kiddies to MacDonald's. I hear they serve a GREAT hot apple pie!
Any bets that if this thing, probably driven largely by New Orleans democrats, passes that there will be a special exemption for the French Quarter?
"Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.-- C. S. Lewis"
That adds up to plenty of non-smokers who can open up their own non-smoking establishments if they so choose.
A private business owner shoud have the right to decide whether smoking is allowed on his own property.
Don't you believe in the concept of private property?
I wonder what the casino gaming lobby thinks about this?
"75% of people don't smoke. where is the downside?"
It's the camel's nose under the tent. We've had anti-smoking laws for a few years. The latest call is for "scent-free" gatherings. Watch that one gather steam!
Business people know who they want to serve, and they will choose whatever audience will maximize their profit. None of us have to go to (or work in) an environment we don't like.
Because we refused to buy into the marxist crap disguised as help from the gubbmint, which when I hear "Hi. I'm from the gubbmint and I'm here to help you".........I run like hell.
Ya think?
FMCDH(BITS)
Sad,isn't it! I feel as if I've lost something very special.
I'm from a generation where we never questioned the wisdom of the government. Sometimes I wonder is it the government that has changed,or is it me?
THANK you!
The government should never should have done this. Any smoking bans should have been left up to the business owner and his patrons! 
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