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Posted on 07/31/2006 4:06:41 AM PDT by SheLion
They're making one last attempt to force the City of Beaumont to continue to allow smoking in bars and restaurants.
Opponents of a ban on smoking in public buildings say they don't have enough signatures right now, but they plan to work hard in the next 24 hours getting the support they need.
Lee Melton/Comedy, Texas
"I own a business and pay a lot of Taxes and now I can't smoke in my own building."
Smoking ban opponents say they are not quitting when it comes to getting enough signatures on this petition.
Lee Melton/Comedy, Texas
"Four ladies on the city council decided for the rest of us what the rest of us should do."
Beaumont City Council passed an ordinance that prohibits smoking in enclosed public places including restaurants, bars and other businesses.
The ban will take effect on August 1st.
Violators could face a Class C Misdemeanor and a fine of up to $500.
That's why workers are at Madison's Restaurant on Dowlen Road are speeding up plans and installing a patio now to comply with the new law.
Lee Melton/Comedy, Texas
"We won't throw in the towel."
Lee Melton one of the owners of Comedy Texas believes the ordinance might hurt his business.
That's why Melton and others are working hard on a last minute attempt to get people to sign this petition.
With enough validated signatures, the issue will be put to a vote in November.
Lee Melton/Comedy, Texas
"We are this close to getting this taken to a vote in November. Cars can come through here, you don't even have to get out of the car."
The group plans to hold a petition drive in the parking lot of Comedy, Texas.
Drivers can just pull up and sign the petition.
Lee Melton/Comedy, Texas
"Come by, you must be a registered voter in Beaumont."
Melton hopes he gets the signatures needed so the Alibi Restaurant's marquee will not be a sign of the times.
The petition drive will be held on Monday from 3pm to 7pm at Comedy, Texas at 1990 I-10 South in Beaumont.
Right next to Acapulco's Restaurant.
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Seems to me the problem is inherent to what is defined as a _public_ place. Since this definition has now morphed into just about everywhere... I am baffled why more restaurants don't define themselves as a private club.
Seems to me the problem is inherent to what is defined as a _public_ place. Since this definition has now morphed into just about everywhere... I am baffled why more restaurants don't define themselves as a private club.
Restaurants and bars and taverns are not public. The owners bought and paid for the business themselves with no help from the states.
That's why we can't understand how the highly paid anti-smokers can ban smoking in private Veteran Clubs.
Public property: That which is purchased and maintained by tax dollars for the benefit of all people.
Private property: That which is not purchased or maintained by tax dollars and is for the benefit of the property owner.
Yes, I am acquainted with the "classical" definition of private property. But that's not what the courts have ruled..
Well, what with all the government intervention today, a person would be nuts to try to run a private business.
The government is already starting to dictate to restaurants what kind of foods they can serve, so what's the use!
Another Ban Failed: TX Port Arthur says NO to ban Property Rights: Smoking bans infringe on rights
It’s nice to be able to go somewhere and not have your clothes reek of cigarettes and enjoy a meal without hacking on someone else’s smoke, but treading on the rights of citizens and businesses is no way to go about obtaining such conveniences.
Ban Damage: TX Man Stabs Brother Over Smoking In Home
San Antonio - A 29-year-old man stabbed his 23-year-old brother early Tuesday after the younger sibling refused to quit smoking inside their West Side home, police said.
Alcohol: TX Arresting drunks INSIDE bars
The Texas Alcoholic Beverage Commission has taken its fight against drunken driving to a new level. TABC agents, along with Irving police, targeted 36 bars and clubs Friday, arresting some allegedly intoxicated patrons before they departed the businesses.
Where are the court rulings stating that private property is a public place?
BTW, this is not a hostile question. I'm looking for references so I can read these so-called legal opinions.
You beat me to it. After I posted then the same thought hit me. Just where are the court rulings stating that a private business has now become public.
Good question!
I'd guess some socialist judge in the 1930s, in an effort to destroy common law that regulates private property, ruled that any business that accomodates the general public is a public place and may be regulated by government. That, of course, is absurd as it nullifies hundreds of years of private property rulings.
Look, for example, at businesses that discriminate against the public.
There are realty companies that will not show you certain homes unless you can prove you're financially able to purchase such property.
We see exclusive businesses, such as high end jewelry stores, that post a sign on the door "By appointment only." And you won't get in unless the management approves of you.
Night clubs in big cities post bouncers at the door and allow in only "beautiful people."
I'd say businesses such as these are clearly not open to the general public, yet government wants to consider them "public places." I don't think so.
I don't think so, either. The following is what President Bush said about helping small businesses flourish. Well, these smoking bans are choking these same small businesses.
"The role of government is not to create wealth.
The role of government is to create an environment
in which the entrepreneur or small business or
dreamer can flourish. And that starts with rule of law,
respect of private property, less regulatory burdens on the
entrepreneur, open banking laws so that all people
have access to capital, and good tax policy."
President George W. Bush
St. Petersburg University,
St. Petersburg, Russia
May 25, 2002
And that starts with rule of law, respect of private property, less regulatory burdens on the
entrepreneur
Where is the justice?
'And that starts with rule of law, respect of private property, less regulatory burdens on the
entrepreneur'
That's how it was in America, once upon a time.
But all the "for me and not for thee" folks are working hard to change it.
It's not right. And no SANE person could argue that it is right.
That's how it should be. The decision should be left up to the business owner and his patrons and not the government and city council's.
It won't stop with the smoking bans. And all those that be cry they want to ban smoking will someday be looking down the barrel of their own gun. Mark my words. Then we will have to listen to THEM cry the blues!
Thanks for the ping!
According to Ellis's bill 368, a public place is any indoor area that the public is invited or permitted to enter. This definition now includes anywhere that people work, as well as "private clubs".
But the "public" isn't invited to a private club, right?
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