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Ohio: Smoking Ban Lawsuit
wtov9.com ^ | 7-1-05

Posted on 07/02/2005 4:39:25 AM PDT by SheLion

A civil lawsuit is now on file against the Tropicana bar. The lawsuit says the owners' disregard for the county wide smoking ban is: "...creating a public nuisance and health hazard for which the Wheeling-Ohio County Board of Health has received complaint."

The bar is owned by Ohio County Delegate Chris Wakim. Wakim told News9 he would not comply with the smoking ban regulation.

"Until and at such point as I feel that they work this out, I am not going to be in compliance, absolutely not, said Wakim.

The county health officer says Wakim's public defiance is influencing other bars. A hearing will be scheduled and next week a judge will consider a temporary restraining order against the Tropicana bar. The health officer, Dr. William Mercer, wants restaurant and bar owners to continue to follow the regulation.

"We're expecting people to enforce this. The regulation is in effect. I advise them not to follow one person, said Mercer.


TOPICS: Crime/Corruption; Government; US: Ohio; US: West Virginia
KEYWORDS: antismokers; bans; butts; cigarettes; eminatedomaine; fda; forced; individual; liberty; niconazis; privatebusiness; regulation; rinos; senate; smokebans; smoking; taxes; tobacco
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Ohio: Ohio Smoking Bans Not Legal

 


1 posted on 07/02/2005 4:39:27 AM PDT by SheLion
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To: Just another Joe; Madame Dufarge; MeeknMing; steve50; Cantiloper; metesky; kattracks; ...

Ya see? Without saying so in so many words the antis reveal the truth via their fear over non-compliance. That it undermines a ban by catching on and making enforcement difficult.


2 posted on 07/02/2005 4:40:27 AM PDT by SheLion (Donate to Free Republic! Help keep our forum free!!!)
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To: SheLion
Ohio Smoking Bans Not Legal

When people in a town are descended upon by the Anti-smokers whose only paid job is to spread their lies… most people don't take the time to research the situation, and tend to believe what they hear from people who appear smarter then them. It's only natural and I don't blame them. But by pointing out that you are not allowed to enslave citizens as your army, this situation can and will be rectified.


3 posted on 07/02/2005 4:45:50 AM PDT by SheLion (Donate to Free Republic! Help keep our forum free!!!)
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To: All

4 posted on 07/02/2005 5:02:41 AM PDT by SheLion (Donate to Free Republic! Help keep our forum free!!!)
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To: Abram; Alexander Rubin; AlexandriaDuke; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
5 posted on 07/02/2005 5:05:44 AM PDT by freepatriot32 (www.lp.org)
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To: freepatriot32

Three cheers for 21st century civil disobedience.


6 posted on 07/02/2005 5:06:36 AM PDT by ReadyNow
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To: abbi_normal_2; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

List of Ping lists

7 posted on 07/02/2005 5:06:38 AM PDT by freepatriot32 (www.lp.org)
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To: SheLion
Good morning! Beautiful morning here in S.E. Michigan, temp in the 50's and clear skies. Just finished watering my flowers and getting ready to head out to the gym.

Those bar owners should stick together on this and maybe even close their doors for a couple weeks (if they can afford the loss in revenues). I think that ALL their customers would get a wakeup call on this issue if they had no place to dine out or drink for a while....

8 posted on 07/02/2005 5:07:46 AM PDT by Hot Tabasco (Too many idiots, too little time to deal with them all......)
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To: SheLion

Simply another example showing that citizens don't own their property.

Instead property is regulated for the Marxist common good and the individual rights to use property, develop property and bar others entry to property, are thrown out in favor of the collective, meaning government.

I expect the owner to lose this case to the fascists and face a heavy fine. And this is only the beginning. They will be busting into homes next to regulate legal behavior that fascists don't like.


9 posted on 07/02/2005 5:08:49 AM PDT by sergeantdave (Marxism has not only failed to promote human freedom, it has failed to produce food)
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To: SheLion

Those smokers prove again they never read Dale Carnegie.


10 posted on 07/02/2005 5:20:50 AM PDT by Raycpa
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To: SheLion

I hope that guy's not too attached to his liquor license.


11 posted on 07/02/2005 5:30:19 AM PDT by Wolfie
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To: Wolfie

Well, I'm not too versed on Ohio specifics, but in Kentucky (and I would presume there is not much difference in the area of liquor law) that a liquor license can only be taken away for violating regulations concerning serving to certain groups precluded by age, preexisting intoxication, as well as losing license for ducking the pre-approved suppliers (KY requires LBD licenseholders to go through distributors, not get themself from producers). But assuming the differences are not too divergent, I don't think the state can take his liquor license away merely for thumbing his nose at anti-smoking ordinance. Fayette County (Lexington) hasn't been able to do that yet.


12 posted on 07/02/2005 5:37:21 AM PDT by Schwaeky ("Truth is not determined by Majority vote"-- Pope Benedict XVI)
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To: Schwaeky

Never underestimate the wrath of a a petty bureaucrat.


13 posted on 07/02/2005 5:38:47 AM PDT by Wolfie
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To: freepatriot32
If you want on or off my PUFF list, FReep mail me!!!


14 posted on 07/02/2005 5:39:27 AM PDT by SheLion (Donate to Free Republic! Help keep our forum free!!!)
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To: Raycpa

The smoking Nazis prove again they never understood the Constitution.


15 posted on 07/02/2005 5:39:59 AM PDT by Madame Dufarge
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To: Wolfie

Without saying so in so many words the antis reveal the truth via their fear over non-compliance. That it undermines a ban by catching on and making enforcement difficult.


16 posted on 07/02/2005 5:40:12 AM PDT by SheLion (Donate to Free Republic! Help keep our forum free!!!)
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To: SheLion; ninenot; sittnick; steve50; Hegemony Cricket; Willie Green; Wolfie; ex-snook; FITZ; ...

Freedom bump!


17 posted on 07/02/2005 5:41:58 AM PDT by A. Pole (John Maynard Keynes: "In the long run we are all dead.")
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To: SheLion

It just means they're going to ramp up penalties. You don't actually think they're just going to say "Gee, folks aren't obeying, guess we'll just drop it" do you?


18 posted on 07/02/2005 5:43:57 AM PDT by Wolfie
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To: SheLion
This is case is in Ohio County (Wheeling, W.Va.), not the state of Ohio. The bar owner, Chris Wakim, is a Republican delegate to the W.Va. Legislature.
19 posted on 07/02/2005 5:44:52 AM PDT by mountaineer
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To: freepatriot32

BTTT!!!!!!


20 posted on 07/02/2005 5:45:53 AM PDT by E.G.C.
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