Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

NJ: Federal court should rescind smoking ban
United Pro Smoker's Newsletter ^ | March 9, 2006

Posted on 03/11/2006 8:35:31 AM PST by SheLion

A statewide indoor smoking ban that exempts casinos is unfair and should never have been signed into law.

When they approved an indoor smoking ban for New Jersey in January, lawmakers all but admitted a double standard was being set by allowing Atlantic City's casinos to continue allowing smoking.

Now, a coalition of bars, restaurants and bowling alleys is rightly challenging the New Jersey Smoke-Free Air Act, set to go into effect April 15, asking a federal court to strike it down as unconstitutional. Hopefully, their challenge will lead to the law being scrapped.

It was shockingly hypocritical for state lawmakers, asserting they wanted to protect the health of workers across the state, to pass a smoking ban that left thousands of workers unprotected for no apparent reason other than politics. The Atlantic City casinos had pushed to not be barred from allowing smoking in the gambling halls.

"It (the casino industry) employs 50,000 people, has billions in public and private investment and just as importantly provides hundreds of millions of dollars to the state annually," Assembly Speaker Joe Roberts, D-Camden, said just after the bill was signed by former Gov. Richard J. Codey. "The view was that we have to look carefully at any industry that is that important and that fragile, given the competition all over the nation."

That flawed logic completely ignores the millions of dollars generated and thousands of people employed by bars, restaurants, bowling alleys and other businesses in the state. Apparently, the owners of these establishments don't deserve the right to make a choice that might affect their businesses -- a choice casino owners will continue to have.

"It's pathetic that these restaurant and bar owners have the gall to try and keep poisoning the bodies of their workers and customers," state Sen. John Adler, D-Cherry Hill, said in reacting to the federal lawsuit, filed Tuesday in federal court in Trenton.

What's pathetic is that Adler, a key proponent of the smoking ban, either doesn't see or is completely ignoring the double standard of this law and the unfairness of it.

There's absolutely nothing right or fair about giving casinos a choice that other New Jersey businesses won't have. It was unbelievable that so many lawmakers got behind the spineless measure.

Robert Gluck, a lawyer for the groups that filed the suit, said they'd be happy if the ban was extended to every business in the state's hospitality industry, including casinos.

That would be more fair, but it would still have the government going too far. Plain and simple, the decision should be made by individual businesses, not the government.

If New Jersey lawmakers, who bring in millions for the state by heavily taxing tobacco, aren't going to make smoking illegal, they shouldn't play nanny and unfairly tell certain business owners not to allow it.

The federal court should strike down this ban, and New Jersey lawmakers should give up their misguided quest to make health decisions for adults. Any New Jerseyan who is truly bothered by cigarette smoke in a bar or restaurant can decide for himself or herself not to go to the establishment or work there.     


TOPICS: Culture/Society; Government; US: New Jersey
KEYWORDS: anti; antismokers; augusta; bans; budget; butts; camel; caribou; chicago; cigar; cigarettes; cigarettetax; commerce; fda; governor; individual; interstate; kool; lawmakers; lewiston; libertarians; liberty; maine; mainesmokers; marlboro; msa; niconazis; osha; pallmall; pipe; portland; prosmoker; quitsmoking; regulation; rico; rights; rinos; ryo; sales; senate; smokers; smoking; smokingbans; taxes; tobacco; winston
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-172 next last
To: Old Seadog
This will never work. It makes too much sense

Hey!  I agree with you!  Makes too much sense to the dweebs. 

21 posted on 03/11/2006 9:49:37 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: moog
In my area, it's the conservative Republicans who want the smoking bans

There are many, many conservatives that support smoking bans. The evidence shows conservatives in Washington and Florida voted for smoking bans. Free people, freely voting. A lot of conservatives on FR support bans. We don't bother to express our views very often, but we're here.

22 posted on 03/11/2006 9:51:03 AM PST by Wheee The People
[ Post Reply | Private Reply | To 8 | View Replies]

To: timm22
Ultimately, though, I suspect these bans have little to do with harm and a lot to do with convenience. No one is really that afraid of cigarette smoke, they just want to be able to go into any restaurant they want and have it cater to their wishes. Sad, really.

You are totally on mark here.  Take New Jersey.  The anti's banned smoking in all restaurants and bars, BUT left smoking in the casino's.  Pretty funny, isn't it?

They say "To protect the health of the workers."  Well, what are the workers in a casino's?  ROBOTS???

The damn New Jersey lawmakers want to protect all that greedy money flowing into the state FROM the casino.  As long as the bans work for them, they are all good. 

23 posted on 03/11/2006 9:52:59 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Wheee The People; moog
The evidence shows conservatives in Washington and Florida voted for smoking bans. Free people, freely voting. A lot of conservatives on FR support bans. We don't bother to express our views very often, but we're here.

Florida passed with less than 20% of registered voters caring enough to show up to vote on the ban.
13% voted for and won.
80% of Floridians didn't care.

Actually, if people would start getting menu's from these restaurants before the bans, then get menu's after the bans are implemented, it would help.
In Florida prices increased 15-20% in many of the chain restaurants within a couple of weeks. I wouldn't have caught it if we hadn't had take out menus before and after to compare.
Our non smoking friends were furious. They boycotted them on principal. And continue to. We now just gather in each others homes.
Outback Steakhouse had probably the largest increase.
Seems odd, to jack prices like that, when all these people claim how much better business is after the bans.
The smaller places that only sell limited food to be able to cater to smokers, had no increases at all.
I think if more of the public really understood what the "clean air" that they didn't care about anyway is costing them, attitudes may change.

24 posted on 03/11/2006 9:56:19 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 22 | View Replies]

To: SheLion

"What's the matter with you!"

What's the matter with me is that I don't want smoke sprayed on me any more than i want beer sprayed on me. If beer drinkers routinely got beer in my hair and on my clothes then I would want them to take their beer drinking private but they don't so I don't mind beer drinkers.


25 posted on 03/11/2006 9:57:19 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Wheee The People

"A lot of conservatives on FR support bans. We don't bother to express our views very often, but we're here."

I would have said that I have never met a conservative who want smoking banned but then many of my conservative friends have a libertarian side.


26 posted on 03/11/2006 10:00:20 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
[ Post Reply | Private Reply | To 22 | View Replies]

To: gondramB
but places of public accomodation are different when you operate such a business you incur responsiblity to not harm the people who come in.

Bars are privately owned. They are private property. If you truly think they are public, break into one after it is locked up for the night. You will be charged with trespassing/breaking and entering on private property.

A taxpayer/government owned bar would be public property.
27 posted on 03/11/2006 10:05:38 AM PST by mysterio
[ Post Reply | Private Reply | To 9 | View Replies]

To: mysterio

Place of public accomodation is a legal term. When private property becomes a place of public accomodation certain obligations are incurred for the safety and welfare of the public.


Private owners who don't want that don't have to become places of public accomodation.


28 posted on 03/11/2006 10:09:49 AM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: gondramB

And people who don't want to smell smoke can avoid the private property of those who allow it with absolute ease.


29 posted on 03/11/2006 10:12:34 AM PST by mysterio
[ Post Reply | Private Reply | To 28 | View Replies]

To: gondramB
What's the matter with me is that I don't want smoke sprayed on me any more than i want beer sprayed on me. If beer drinkers routinely got beer in my hair and on my clothes then I would want them to take their beer drinking private but they don't so I don't mind beer drinkers.

Well, we are all about protecting the rights of private business owners.  If you do not want to be around smokers, then you will have to stay home.  There are 50-55 million of us in the United States and most of us aren't going anywhere.

And when you see smokers huddled together outside smoking, don't think it was their idea to do so.  But the ANTI-smokers.  All was working great before the anti's came alone.

And all businesses that allow smoking today should have the big smoke eaters in place.  No more old smoky rooms.

Clean air for all. 

30 posted on 03/11/2006 10:13:00 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 25 | View Replies]

To: SheLion

Why don't we change things around and have small rooms for non-smokers and smokers can smoke anywhere they like.
Then watch as they start screaming discrimination. Then we turn a deaf ear to them like they have to smokers who want their rights.


31 posted on 03/11/2006 10:14:18 AM PST by jerry639
[ Post Reply | Private Reply | To 17 | View Replies]

To: gondramB
I would have said that I have never met a conservative who want smoking banned

Well much of it comes from the social branch of the conservative movement. Think about church groups for example. Social conservatives make up a segment of FR. Newt said the following

Civilization cannot survive with twelve-year-olds having babies, fifteen-year-olds shooting one another, seventeen-year-olds dying of AIDS, and eighteen-year-olds graduating with diplomas they cannot read.

I and other social conservatives (but not Newt) would add smoking to the above list of social ills.

32 posted on 03/11/2006 10:17:14 AM PST by Wheee The People
[ Post Reply | Private Reply | To 26 | View Replies]

To: jerry639
Why don't we change things around and have small rooms for non-smokers and smokers can smoke anywhere they like.
Then watch as they start screaming discrimination. Then we turn a deaf ear to them like they have to smokers who want their rights.

Jerry, I just shake my head over this and the anti's in FR that support so much government intervention.  I sure wasn't brought up thinking that this is how the Republican party works.  Never! 

33 posted on 03/11/2006 11:04:49 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 31 | View Replies]

To: SheLion

Hear! Hear!


34 posted on 03/11/2006 11:30:22 AM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Burn24
Yesterday I got a tax bill from NJ Treasury for $238 in taxes! Have you ever heard of this? Do I have to pay it?

If you live in New Jersey, you bet!
Do you not live or work in New Jersey? Then make them extradite you.

Not too smart, are you.

35 posted on 03/11/2006 11:32:39 AM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Publius6961
Hear! Hear!

Yes!


36 posted on 03/11/2006 11:32:59 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 34 | View Replies]

To: gondramB

I completely support people's right to smoke. I'm not even sure it should be age limited. But they don't have any right to get their smoke on other people. They can smoke all they want in their homes but public spaces need to be smoke free.



We'll smoke at home, when you start driving in your house.
You have no right to spew your exhaust in peoples faces.
Restaurants are private, the streets are PUBLIC.

PHYSICIAN TESTIFIES IN SUPPORT OF ZEV PROGRAM AT AIR RESOURCES BOARD HEARING
As local resolutions and letters of support continue flowing in from across the state, Los Angeles emergency room physician and specialist in sports medicine will testify September 7 before the Air Resources Board (ARB) in support of the state's ZEV requirements. Dr. Eric Sletten takes the train from his home in Ventura County and then rides a bicycle to his office at Cal State Northridge. Dr. Sletten emphasizes however, that he is not anti-car, and in fact owns two classic cars that he drives recreationally. He grew up in the San Fernando Valley and recalls frequent smog alerts that restricted activities and caused coughing and pain from simply taking a deep breath.

In testifying on behalf of the American Lung Association of California and its medical section, the California Thoracic Society, Dr. Sletten calls on the state to provide leadership in addressing the health concerns caused by California's addiction to gasoline. Dr. Sletten describes health impacts from gasoline vehicles, including reduction in lung function and lung tissue damage, exacerbation of lung disease including asthma and emphysema, and various forms of cancer. Air pollution particularly impacts the elderly, infants and children, and those already suffering from lung disease.

VEHICLE EMISSIONS BLAMED FOR 20,000 DEATHS A YEAR IN 3 EUROPEANCOUNTRIES; CALIFORNIANS WORRIED ABOUT LINK BETWEEN ENVIRONMENT AND HEALTH

Contact: Andrew Weisser (818) 703-6444, aweisser@earthlink.net
or your local American Lung Association at (800) LUNG-USA www.californialung.org



37 posted on 03/11/2006 11:33:55 AM PST by Bogey
[ Post Reply | Private Reply | To 4 | View Replies]

To: gondramB
It makes it impossible to go in or out without getting smoke on you.

This is neurosis writ large.
Why do you not smell like gasoline when you walk in traffic?
Why do you not smell like fish when you go to the market?

Are you suggesting now that transferring an unwanted odor is a crime? If I hate your perfume am I entitled to have you arrested?

38 posted on 03/11/2006 11:36:05 AM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Bogey
VEHICLE EMISSIONS BLAMED FOR 20,000 DEATHS A YEAR IN 3 EUROPEANCOUNTRIES; CALIFORNIANS WORRIED ABOUT LINK BETWEEN ENVIRONMENT AND HEALTH

This is really interesting!  Thanks for posting this!

39 posted on 03/11/2006 11:46:58 AM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
[ Post Reply | Private Reply | To 37 | View Replies]

To: SheLion
The following is from one guy in Illinois and what HE is doing: (I wonder how they found you, since the orders were sent to your friends home, and not yours? Did the notice come to your address or to your friends?)

This is brilliant!
No, not the way this story is described, but the whole concept.
Are you aware if FOIA exists in all states? or just Illinois?
The wooden stake to drive through the bureaucracy has just been discovered. The silver bullet.

Awaiting your response with much excitement...

40 posted on 03/11/2006 11:47:14 AM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
[ Post Reply | Private Reply | To 5 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 161-172 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson