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Constitutional Means to Fight Smoking Bans
Smokers United ^ | January 11,2005 | Robert Hayes Halfpenny

Posted on 01/13/2005 11:53:07 AM PST by bob3443

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Comment #321 Removed by Moderator

To: mdhunter
1992 "Passive Smoking and Lung Cancer in Nonsmoking Women" American Journal of Public Health, November 1992, Vol. 82, No. 11

1990 "Lung Cancer and Exposure to Tobacco Smoke in the Household" New England Journal of Medicine, Sept. 6, 1990

1988 "A Case-Control Study of Lung Cancer in Nonsmoking Women" Tohoku J. Exp. Med., 154:389-397, 1988

1996 "Environmental Tobacco Smoke and Coronary Heart Disease in the American Cancer Society CPS-II Cohort" Circulation, Vol. 94, No. 4, August 15, 1996

"Field studies of environmental tobacco smoke indicate that, under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Limits (PELs), as referenced in the Air Contaminant Standard (29 CFR 1910.1000)."--OSHA, July 8, 1997

"Multicenter case-control study of exposure to environmental tobacco smoke and lung cancer in Europe." By the World Health Organization.

And last, but not least
"Environmental tobacco smoke and tobacco related mortality in a prospective study of Californians", 1960-98

The last two are two of the largest, best funded, longest lasting studies done to date on ETS.

322 posted on 01/14/2005 2:14:12 PM PST by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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Comment #323 Removed by Moderator

To: Just another Joe

I am the author. I have as I stated before run this past several lawyers,all of whom said the arguments were efficable. Amend.I Smoking is a free speech issue in the same way burning the flag is. Freedom of Speech is a braodly defined activity.

Amend.V The customer IS allowed to see smoking, in actual fact or by the posting of a sign stating smoking is allowed. Smoking is a legal activity, OSHA has stated SHS is not present in sufficient quantities to cause health concerns.

Amend.IX bad faith in this case means intentional deception or dishonesty. The bans are based on bad faith and the constitution should not be supporing anything of the kind.

Amend.X You are correct, it should have read, ...to the poers of the government. One of the few times the government could exercise such power is during the time of martial law.





324 posted on 01/15/2005 12:12:56 AM PST by bob3443 (FROM THE AUTHOR OF THE COMMENTARY)
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To: SheLion
newbies Translation: a word used to slander another when there is not an intellectual argument to be made. Being new to a site does not diminish one's knowledge, intellect or right to voice an opinion. Notice in my ORIGINAL comment I did not state that people could not smoke. I OBJECT to someone blowing THEIR smoke from a burning pacifier into the air directly in my vicinity FORCING me to breathe that POLUTED air. Its a simple process. If you want to burn a pacifier, go into your home, car or other location of like minded people. Do NOT polute the air others are going to use for survival.
325 posted on 01/16/2005 10:53:49 AM PST by LoneSome Journey
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To: Gabz

*hands you a box of "nappies*


326 posted on 01/16/2005 10:54:44 AM PST by LoneSome Journey
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To: exnavychick

*hands you a box of "nappies"*


327 posted on 01/16/2005 10:55:33 AM PST by LoneSome Journey
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To: Annie03
I used to work in the rest. business too (as a servr). I can imagine Mr Ex's horror stories quite well.

I've been a server, too. I know I have some war stories of my own, lol! I'm sure you do, too. :)

328 posted on 01/16/2005 11:03:47 AM PST by exnavychick (There's too much youth; how about a fountain of smart?)
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To: LoneSome Journey
*hands you a box of "nappies"*

Um, help me out here...I have no idea what that is supposed to refer to.

Thanks.

329 posted on 01/16/2005 11:08:17 AM PST by exnavychick (There's too much youth; how about a fountain of smart?)
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To: exnavychick

Back in the late 70's, I worked for Red Lobster. A customer BIT ME in the arm. But, the customer is always right. The following week,at lunchtime, his wife came in with another woman-and wifey was bragging about her hubby's bad behavior. I got myself transferred into the kitchen shortly thereafter.


330 posted on 01/16/2005 11:12:57 AM PST by Annie03
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To: Annie03
Back in the late 70's, I worked for Red Lobster. A customer BIT ME in the arm.

HOLY COW!! He BIT you?! I hope you had charges pressed against that jerk...that's assualt! I know my hubby would have, if someone had done that to one of his servers! I have been groped, ect., but never had anyone attempt to hurt me, physically. *shudder* And his wife bragged about it? Nice people...ugh.

331 posted on 01/16/2005 11:21:44 AM PST by exnavychick (There's too much youth; how about a fountain of smart?)
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To: trubluolyguy

If smoking tobacco is a constitutionally protected form of free speech, then is smoking marijuana also a constitutionally protected form of free speech as well? How about smoking crack?


332 posted on 01/16/2005 11:34:25 AM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: zoosha

You also have the right to stay out of establishments that choose to allow smoking.


333 posted on 01/16/2005 11:38:57 AM PST by Nik Naym
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To: gidget7

You said: I gag from another persons perfume being too strong, but I can't outlaw their use of it.

Ah, but you could, if you could convince the city council, state legislature or Congress to undertake such a ban.

For purposes of disclosure, I state: I don't smoke, don't care for it and avoid cigarette smoke when inconvenient (although I will have a drink at a bar where there is smoking, prefering a less smoky area, if available); I believe that private property owners should be able to control whether, when and where legal behaviors may take place on their premises.

That being said, I don't believe cigarette smoking is protected by the Constitution in any way. Smokers aren't a protected class (nor are non-smokers, for that matter) for Constitutional law purposes, and shouldn't be. The "right" to smoke is not a right at all, at least not a Constitutionally protected one. That doesn't mean that I think it should be prohibited, I don't. It should be a matter of personal choice, BUT if a legislative body wants to prohibit it, even within one's home, I think that such a body has that power. I stress, though, that I don't advocate banning smoking. My concern lies with creating "rights" where they don't exist, such as abortion "rights," the "right" to health care, etc. etc. etc.
On the other hand, given the courts' tendency to create new rights, there are ought to be enough "penumbras and emanations" to support the right to smoke.


334 posted on 01/16/2005 11:44:54 AM PST by NCLaw441
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To: bob3443
Amend.I Smoking is a free speech issue in the same way burning the flag is. Freedom of Speech is a braodly defined activity.

I just can't agree with this one.
Until, and unless, smoking becomes a political expression the way burning the flag might be, I just can't see smoking as a right under Amend I

I agree with Amend V and X.

Ament IX - maybe, but whether or not the Constitution should support, or not, not ALL bans are based on bad faith.
Most implented by health boards would meet this criteria. Those, like in Florida that amended the state constitution, I believe, are valid, whether I like them or not.

335 posted on 01/16/2005 12:07:23 PM PST by Just another Joe (Warning: FReeping can be addictive and helpful to your mental health)
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To: LoneSome Journey
If you want to burn a pacifier, go into your home, car or other location of like minded people. Do NOT polute the air others are going to use for survival.

You are newly registered to Free Republic.  And if you HAD been around the threads for a long period of time, you would have known that the best way to start a virtual fight is to go into a smoking thread and start spewing your hate.

We don't need it and we don't want to read it.  If you hate smokers, stay the hell out of our threads!!

336 posted on 01/16/2005 12:28:57 PM PST by SheLion (God bless our military members and keep them safe.)
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To: exnavychick

I was 19, and I was discouraged from making a big deal out of it. He left marks but didn't break the skin. It was apparent to me he assaulted waitresses on a regular basis. When I went back to the business years later, I was a royal (rhymes w/witch). I didn't think providing the service demanded I suffer fools and take abuse. I supported myself for 8 years in that work-I guess being efficient satisfied most of the people I served :)


337 posted on 01/16/2005 1:08:54 PM PST by Annie03
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To: LoneSome Journey; Gabz; exnavychick

"*hands you a box of "nappies"*"

Are you that charming to everyone? I sure wish I was as holy and perfect as you (think) you are.


338 posted on 01/16/2005 1:14:27 PM PST by Annie03
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To: Annie03

Nice folks you were working for...he had done similar things to other servers? Geesh, I would have given the hosts a picture or description of the guy (maybe name, if possible) and banned him for patronizing my restaurant...at a MINIMUM. I know this took place a long time ago, but I'm still sorry it happened. Totally NOT right. Thankfully, my husband has never (to my knowlege, anyway) had a patron assualt him, either as a server or as a manager, but as I am sure you are aware, the verbal attitude, ect. can be quite enough on it's own.

I know I value efficiency in the folks that serve me! LOL So long as they are polite and efficient, that's all you can reasonably expect, imo. :) Thankfully, most customers are not that unreasonable and/or unbalanced. LOL

P.S. Do you know what on earth "Nappie Man" is talking about? I have never gotten an answer...though I gather from your response, he's one of the "haters" that show up on these threads.


339 posted on 01/16/2005 1:43:20 PM PST by exnavychick (There's too much youth; how about a fountain of smart?)
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To: exnavychick

"Nappie" is the British word for diaper. I think he/she must suffer from projection ;)

As for the A-hole from way back when, I think he harrassed waitresses in any establishment he went to. Chain restaurants let patrons get away with ALOT. I remember his wife saying "I remember you.....not what did my husband do to you? Oh, he BIT you! bawhahaha". That made me think it was his normal behavior. And all before he bit my arm, he was a huge PITA. Back then, Red Lobster was total fast food - get 'em in, get 'em out...unless they were drinking.


340 posted on 01/16/2005 4:19:40 PM PST by Annie03
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