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Tyranny of the majority: Smoking ban is just plain wrong
TwinCities.com ^ | May. 20, 2004 | MATTHEW J. GOLLINGER

Posted on 05/21/2004 8:50:48 AM PDT by SheLion

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To: nothingnew
this is still and only a property rights issue.

Its never been about property for either group. For the smokers they just care about being able to smoke where ever and when ever. For nonsmokers its about the smell of the smoke and the remaining stench.

41 posted on 05/21/2004 10:10:33 AM PDT by VRWC_minion
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To: swarthyguy
Taliban America. Insha'allah!

Extremism cuts both ways. Ordered liberty means that the majority does rule on issues other those written in black and white in our Constitution. In the end, even that is an issue for the majority, albeit a super majority. The people are the final arbitrators of the Constitution. We can replace our representatives. We can amend the Constituion. We can revolt.

If you do not like the smoking laws then persuade lawmakers and the people who vote for lawmakers. It is ridiculous and extreme to define everything any individual desires as a Constitutionally protect right no matter who else is affected by it.

42 posted on 05/21/2004 10:10:35 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: MileHi
Beat that straw man!

Smokers are not selfish when they say "they don't care" about someone having to breath their smoke ?

43 posted on 05/21/2004 10:12:39 AM PDT by VRWC_minion
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To: Just another Joe
Gollinger is an attorney and part-time bartender....

All the successful attorneys I know tend bar on the side.

44 posted on 05/21/2004 10:16:38 AM PDT by wtc911 (keep one eye on that candle....)
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To: The Ghost of FReepers Past

Half the time it's boards of health promulgating ordnances.

Other times, voters have not succeed in overturning bans.

US Constitution, RIP.

>>. It is ridiculous and extreme to define everything any individual desires as a Constitutionally protect right no matter who else is affected by it.

So, let me know how you feel when the Food Police and the EnviroNuts really gather steam, based on the whittling away of Freedom of Association in private establishments, among other things.

Conservatives, Liberals, all the same suckers of the Nanny State Teat!


45 posted on 05/21/2004 10:16:59 AM PDT by swarthyguy
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To: VRWC_minion

You don't get it, smokers are a "minority", just like Blacks (no wait they were born that way), just like the disabled (no wait, they didn't chose to be disabled), just like , oh, I don't know, but we are a minority and the rest of you are panty-waist whiners.


46 posted on 05/21/2004 10:22:27 AM PDT by wtc911 (keep one eye on that candle....)
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To: wtc911
All the successful attorneys I know tend bar on the side.

That's because those selfish judges don't allow smoking in the courtroom.

47 posted on 05/21/2004 10:22:34 AM PDT by VRWC_minion
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To: wmichgrad

Great article ping!


48 posted on 05/21/2004 10:28:16 AM PDT by CSM (Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
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To: wtc911
oh, I don't know, but we are a minority and the rest of you are panty-waist whiners.

Well then, get busy and get more people smoking.

49 posted on 05/21/2004 10:28:19 AM PDT by VRWC_minion
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To: VRWC_minion

Allowing someone onto their property and catering to their desires in the hope of making a profit is selfish of those evil bourgeois property owners! We must ensure the safety of the proletariat!


50 posted on 05/21/2004 10:34:23 AM PDT by CSM (Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
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To: swarthyguy
You exaggerate my position in order to bash it. I do not favor most of those regulations, nor would a majority of the people. I am just saying that they are not Constituionally protected as you seem to imply with your US Constitution, RIP and your nanny state comments.

Boards of Health can weigh in on an issue but they do not decide what is and is not legal. The people have all the say. If the people are uninformed then blame those in charge of informing them. Work to change it. But every tiny thing a person desires to do in public is not an issue of liberty protected by the Constitution. That which is public should be defined by a majority. What is freedom if we cannot define our own culture? Whenever possible, that should be done by social norms, standards, and stigmas rather than by legislation. But it is for the people to decide. That's how our constituional republic works. Too many people forget about the representative part and only see the individual liberty part. Public liberties cease to be about only the individual. If we were talking about speech then I could see your point better. But there are issues of public health and morals which affect us all and are legitimately regulated by the people's representatives. If not then why even have a government?

That said, I would support smoking bans in public buildings but not in private businesses myself, except maybe grocery stores and doctors offices and such. But I will whenever possible choose a restaurant that bans smoking.. Smoking coats everything around it.

51 posted on 05/21/2004 10:34:44 AM PDT by The Ghost of FReepers Past (Legislatures are so outdated. If you want real political victory, take your issue to court.)
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To: cinFLA

Once again spouting your big government rhetoric. So glad you celebrate using the government to ensure your convenience and preferences are dictated to the rest of society. What a nice conservative view you have.


52 posted on 05/21/2004 10:39:26 AM PDT by CSM (Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
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To: The Ghost of FReepers Past
If you do not like the smoking laws then persuade lawmakers and the people who vote for lawmakers.

A little insight into the issue might be gained by reading your own tag line.

The bans have been in many cases instituted by unelected boards of health, supported by property-rights averse judges in some instances.

At any rate, the issue is one of property rights, period.

I have no problem with an establishment that goes non-smoking of its own volition. I just don't patronize them, free choice all around.

I do have a problem with business owners being forced by the government to limit their customer base.

53 posted on 05/21/2004 10:42:54 AM PDT by Madame Dufarge
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To: The Ghost of FReepers Past
Smoking is not so much a moral issue as a health issue.

Smoking on private property is a property rights issue. Any other explanation is pure BS.

And this thread isn't about homos. Stay on topic or find a gay bashing thread.

54 posted on 05/21/2004 10:43:50 AM PDT by Protagoras (Control is the objective , freedom is the obstacle.)
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To: Madame Dufarge
I do have a problem with business owners being forced by the government to limit their customer base.....

Does that extend to keeping kids out of porn shops?

55 posted on 05/21/2004 10:46:13 AM PDT by wtc911 (keep one eye on that candle....)
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To: VRWC_minion

"Its never been about property for either group. For the smokers they just care about being able to smoke where ever and when ever. For nonsmokers its about the smell of the smoke and the remaining stench."

That proves the logical fallacy that you, and all anti's, have. The smoking population will respect the property owner's decision while the anti smokers would prefer to steal the use of the property for their convenience.

Why are you so weak that you are forced to enter private property where smoking is allowed? Is it out of the same weakness that forces you into these threads?


56 posted on 05/21/2004 10:46:26 AM PDT by CSM (Vote Kerry! Boil the Frog! Speed up the 2nd Revolution! (Be like Spain! At least they're honest))
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To: The Ghost of FReepers Past
That said, I would support smoking bans in public buildings but not in private businesses myself, except maybe grocery stores and doctors offices and such.

Except? LOL, c'mon be honest. You want government to use force to make things as you want them.

57 posted on 05/21/2004 10:46:26 AM PDT by Protagoras (Control is the objective , freedom is the obstacle.)
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To: SheLion
Perhaps for the benefit of the upcoming generations brainwashed by moral-liberal educators, who think homosexual sodomy is a basic human right and has been so ever since the Founders, in truth it was banned in all the states of the union, and for hundreds of years before the liberals started passing all this 'consenting adults' garbage legislation.
58 posted on 05/21/2004 10:46:54 AM PDT by Cultural Jihad (Rising waves, what motive is behind your impulse? The desire to reach upwards.)
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To: wtc911
Does that extend to keeping kids out of porn shops?

Smoking is legal, showing porn to children is not. But nice try.

59 posted on 05/21/2004 10:47:55 AM PDT by Protagoras (Control is the objective , freedom is the obstacle.)
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To: VRWC_minion
For the smokers they just care about being able to smoke where ever and when ever.

In the case of my previous reply, evidently you're a selective reader, just like you're a selective reader of the Constitution. VRWC_minion indeed. Please don't reply. I read enough from self-rightous Blind to the Constitution rights siezers already.

FMCDH

60 posted on 05/21/2004 10:47:57 AM PDT by nothingnew (KERRY: "If at first you don't deceive, lie, lie again!")
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