Posted on 10/22/2005 3:31:42 PM PDT by elkfersupper
LINCOLN, Neb. (AP) -- The city's highly publicized court case that grew out of a voter-approved smoking ban has gone up in smoke.
Lincoln voters approved a smoking ban that went into effect in January. It prohibits smoking in all buildings accessible to the public, including bars that do not sell food.
But the smoking ban does not apply to private vehicles.
[oas:siouxcityjournal.com/news/nebraska:Middle1] So soon after it went on the books, Gary Walker parked his motor home -- which he dubbed "The Freedom Flyer" and decorated with American flags -- outside of his son's Hi-Way Diner and allowed patrons to eat and smoke in it.
The restaurant doesn't serve people in the motor home, but they are allowed to take food from the diner on board the vehicle, which is actually a converted transit bus.
City officials then had him ticketed for violating a zoning code banning the parking of recreational vehicles on commercial property.
On Wednesday, Lancaster County Judge Laurie Yardley snuffed out the case, ruling that the ordinance did not apply to the bus.
Walker, who faced a $100 fine if convicted, said earlier that he'd rather go to jail than pay.
On Wednesday he was savoring the ruling.
"Gloat! I'm gloating!" he said. "I think we won a very important victory -- not for smokers -- but for people's rights."
Walker's lawyer, Kirk Naylor Jr., said the case was a waste of taxpayers' money.
"The city recognized that the smoking ban didn't cover this bus, so in an effort to limit the circumstances under which people can consume tobacco, they attempted to use the zoning ordinance," he said. "The ordinance that they used did not apply."
Assistant City Attorney John McQuinn declined immediate comment, saying he had not seen the ruling.
Check this out.
There is no justification at all for the City's action other than trying to demonstrate their power through intimidation..its disgusting
The bus was "unapproved".
WOOHOO!
Great idea. No doubt another ordinance is on the way to stop this.
Ping for my Smokin' buddies!
Road trip!
Nice
Unfortunately, anti-smoking zealots fail to see the loss of personal liberty brought on by their crusades......Or do they?
It has been almost five years since I have smoked, so there is no personal ax to grind, if one can accept the general loss of freedom associated with their Jihad.
And increasingly, that's what cities (and all levels of government) do best.
WooHoo!!! Thanks for the ping. Fighting back and doing it right!
I read about this earlier.
As for private property: a woman was robbed inside a Wal-Mart store. The security guard told her "This is private property, and you entered at your own risk."
So, private property should be private property and not open to the whims of every anti-everything on earth.
-ccm
And I would settle for that. Unfortunately, some people can't leave well enough alone.
We are fighting for the freedom to smoke, eat and think
what we want to in this country because some people want
to use government power to impose their personal beliefs.
I think government should protect life (including most
abortions) and property but otherwise let us be free.
Remember that Lincoln is the left-wing capitol of Nebraska. The two largest employers in the city are the Government (it is the capitol of the State) and the University (it is home to the University of Nebraska. They are left-wing and will always be that way.
In Omaha, the City Clown-cilmen passed a "living minimum wage" law. The next election, all but two of them lost their seats (5 of 7 lost). The minimum wage was reversed. One of the two clown-cilmen that managed to get re-elected in spite of this tried to pass a smoking ban (several times). He lost his seat the next election.
"Unfortunately, anti-smoking zealots fail to see the loss of personal liberty brought on by their crusades......Or do they?"
I had my last cigarette on Jan 31, 1998. But I still support the smokers rights. The tobacco nazi's are getting way out of hand.
"But I still support the smokers rights."
As do I.
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