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To: Max McGarrity
You're trying to conflate banning smoking with a "taking." Banning smoking is not a "use", and the idea that any compensation is due is laughable. Smoking bans are just a great example of the government doing what it's supposed to do - governing. No tyranny of a minority allowed, when the smoking bans kick in. BTW I went to a city today that has a total ban on smoking in restaurants - it was great.
29 posted on 01/31/2003 10:09:40 PM PST by 185JHP (Was "Tuco" right? "If you're going to shoot...")
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To: 185JHP
I guess we'll see who's right re "takings" when the lawsuits begin. (It's already happening in Montana.)

Private property is NOT public property, even though the public may be INVITED.
30 posted on 02/01/2003 9:55:36 AM PST by Max McGarrity (Anti-smokers--still the bullies in the playground they always were.)
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To: 185JHP
You're trying to conflate banning smoking with a "taking." Banning smoking is not a "use", and the idea that any compensation is due is laughable.

Amendment #5 - Eminent Domain is in effect here. By banning smoking on private property the government is essentially taking that property away. This is especially true if the property due to a previous lighter smoking ban had a separate section build just for smoking. Many buisnesses on private property spend upwards of $40,000 to build seperate smoking sections which are now essentially useless. It would be no different than if the government banned the sport of Golf, Yeah sure the government didn't technically sieze anything but essentially the golf course owner's land has been taken away. Eminent Domain won't apply for new restaurants but for ones that are already in exsistance it does.

Smoking bans are just a great example of the government doing what it's supposed to do - governing.

Oh, Great another pseudo-conservative hypocrite fasicist who believes it is wrong to take away freedoms except if they are other people's freedoms you don't like.

Let me guess you are a Howard Dean supporter.

No tyranny of a minority allowed,

OK, Since there are more people who don't own guns than those that do and unlike second hand smoke guns have actually killed people lets use that to justify banning them.

And BTW, In many bars/restaurants/casinos the majority of customers are smokers.

BTW I went to a city today that has a total ban on smoking in restaurants - it was great.

Not if you are the owner of the restaurant that lost a lot of buisness.

And BTW I went to the woods today that has a total ban on hunting - It was Great

33 posted on 02/01/2003 3:24:40 PM PST by qam1
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