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City's case against smoking bus goes up in smoke
Sioux City Journal ^ | 10/13/05 | Sioux City Journal Staff

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.



TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Extended News; Government; US: Nebraska
KEYWORDS: antismoking; pufflist; smoking
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Yet another freedom fighter. My hat is off to this brave fellow.
1 posted on 10/22/2005 3:31:44 PM PDT by elkfersupper
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To: SheLion

Check this out.


2 posted on 10/22/2005 3:32:11 PM PDT by elkfersupper
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To: elkfersupper

b.u.m.p


3 posted on 10/22/2005 3:33:32 PM PDT by Cboldt
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To: elkfersupper

There is no justification at all for the City's action other than trying to demonstrate their power through intimidation..its disgusting


4 posted on 10/22/2005 3:34:43 PM PDT by gondramB
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To: elkfersupper
City officials then had him ticketed for violating a zoning code

The bus was "unapproved".

5 posted on 10/22/2005 3:35:07 PM PDT by somemoreequalthanothers (All for the betterment of "the state", comrade)
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To: elkfersupper; Eaker; TheMom; humblegunner; thackney; stevie_d_64
"The Freedom Flyer"

WOOHOO!

6 posted on 10/22/2005 3:37:27 PM PDT by Flyer (The Internet, my dog and you ~ http://dahtcom.com/masoncam/)
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To: elkfersupper

Great idea. No doubt another ordinance is on the way to stop this.


7 posted on 10/22/2005 3:39:51 PM PDT by microgood
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To: elkfersupper; Gabz; Justanobody

Ping for my Smokin' buddies!


8 posted on 10/22/2005 3:55:36 PM PDT by Flora McDonald (got teufelhunden?)
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To: Flyer
WOOHOO!

Road trip!

9 posted on 10/22/2005 4:04:12 PM PDT by elkfersupper
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To: elkfersupper

Nice


10 posted on 10/22/2005 4:05:23 PM PDT by A. Pole (Since science has religious roots, teaching it violates separation of church and state!)
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To: gondramB

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.


11 posted on 10/22/2005 4:15:13 PM PDT by billhilly (If you're lurking here from DU (Democrats unglued), I trust this post will make you sick.)
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To: gondramB
There is no justification at all for the City's action other than trying to demonstrate their power through intimidation.

And increasingly, that's what cities (and all levels of government) do best.

12 posted on 10/22/2005 4:16:31 PM PDT by elkfersupper
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To: Flora McDonald

WooHoo!!! Thanks for the ping. Fighting back and doing it right!


13 posted on 10/22/2005 4:17:46 PM PDT by Just A Nobody ( Member of the Water Bucket Brigade - It's all about MOOSEMUSS)
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To: elkfersupper; Just another Joe; Madame Dufarge; MeeknMing; steve50; Cantiloper; metesky; ...
Check this out.

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.

14 posted on 10/22/2005 4:24:09 PM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: elkfersupper
I'm an anti-smoking fanatic, but I think this is great! More power to him.

-ccm

15 posted on 10/22/2005 4:26:18 PM PDT by ccmay (Beware the fury of a patient man.)
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To: SheLion
So, private property should be private property and not open to the whims of every anti-everything on earth.

And I would settle for that. Unfortunately, some people can't leave well enough alone.

16 posted on 10/22/2005 4:28:32 PM PDT by elkfersupper
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To: elkfersupper

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.


17 posted on 10/22/2005 4:38:00 PM PDT by Nextrush (Freedom is the "F" word for liberals)
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To: elkfersupper

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.


18 posted on 10/22/2005 4:59:21 PM PDT by jim_trent
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To: billhilly

"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.


19 posted on 10/22/2005 5:29:02 PM PDT by Adiemus
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To: Adiemus

"But I still support the smokers rights."

As do I.


20 posted on 10/22/2005 6:30:24 PM PDT by billhilly (If you're lurking here from DU (Democrats unglued), I trust this post will make you sick.)
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