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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
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To: SheLion
Once the government sets a precedent, whether it be outlawing smoking in a private place of business or otherwise it almost ALWAYS leads to more intervention and laws against those businesses.

In other words, give em an inch and they will certainly take a thousand miles.

I hate our government, and I will speak against it EVERY single time they encroach on my rights or the rights of others.

PISS ON THEM!!


61 posted on 03/11/2006 1:13:55 PM PST by unixfox (AMERICA - 20 Million ILLEGALS Can't Be Wrong!)
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To: SheLion
I'd be more then willing to donate that every month if we only had a big organization that could make this all come together. I am sure there are smokers across the United States that never read FR and are still in the dark about the war on the smokers.

But I would be willing to donate. The hard part would be to gather all the smokers under one Internet roof to start planning.

Well, that's not exactly the nature of the plan. A big organization to fight the entrenched interests will never happen.

The idea would require only a small organization with significant amounts of working capital which would essentially be given away to some government entities. But it would be leveraged in such a way that each dollar would do the work of hundreds, but raise havoc for selected individuals... make their lives hell.

That is all I am willing to say in public.

62 posted on 03/11/2006 1:17:51 PM PST by Publius6961 (Multiculturalism is the white flag of a dying country)
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To: Publius6961
So you want to bribe government officials to cause trouble for you. Not exactly a new idea, it's called lobbying.
63 posted on 03/11/2006 1:36:01 PM PST by Ditter
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To: Wheee The People

I'm a nonsmoker myself (and have never even picked up a cigarette) and don't think smoking belongs in some places like elementary schools and such. But I also am not in support of banning it everywhere such as in private clubs and such.


64 posted on 03/11/2006 3:00:54 PM PST by moog
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To: SheLion

It is indeed the trend.


65 posted on 03/11/2006 3:03:12 PM PST by moog
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To: SheLion

If that many didn't show up, who knows? I still don't support universal bans. People should be able to smoke somewhere. Pretty soon they will be banning it in people's homes too.

Now before you jump on me, I say it from the view of a nonsmoker. And yes, I don't think it should be done around kids and yes, I don't like the smell of it on my clothes, and yes, I don't like it when someone blows it in my face, and yes, there shouldn't be smoking in certain places. But in some places it should be left up to the business owner.


66 posted on 03/11/2006 3:06:21 PM PST by moog
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To: SheLion

My apologies, I thought I was replying to WheethePeople. I am very sorry for my first statement.


67 posted on 03/11/2006 3:19:36 PM PST by moog
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To: Burn24
My understanding is that esmokes went out of business and gave up their customer lists to any states that sent lawyers after them.
68 posted on 03/11/2006 3:24:43 PM PST by cgbg (Never Again? Hitliar is running for President.)
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To: gondramB
I await your defense of perfume...
69 posted on 03/11/2006 3:29:48 PM PST by cgbg (Never Again? Hitliar is running for President.)
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To: Publius6961
make them extradite you

lol

I think I still have some 1970s City of Boston parking violation tickets around here somewhere....for some reason they never did get me to pay. :-)
70 posted on 03/11/2006 3:32:54 PM PST by cgbg (Never Again? Hitliar is running for President.)
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To: cgbg

You won't get any defense of perfume from me. I have actually told friends they needed to go and wash themselves. They laughed and went and did it. Remember when Musk was popular? Ugh! Nasty stuff!


71 posted on 03/11/2006 3:38:54 PM PST by Ditter
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To: SheLion

Actually, I'm sorry for my whole entire reply to you. I should check next time to whom I'm replying (note that it was just after the person to whom I thought I was replying).


72 posted on 03/11/2006 3:39:48 PM PST by moog
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To: gondramB
I am anti-perfume.

I hate it with a passion. So why don't I demand that it be banned in public places? Why don't I insist that women be arrested and fined when they start spraying that noxious odor in a public building?

Because (listen carefully now)

the principle of liberty is more important to me than my temporary dissatisfaction or unhappiness.

I respect the liberty of other people--even people with habits I despise.

I take the hit--and life goes on.

btw--smoke a higher quality of cigars--the good ones make you smarter.
73 posted on 03/11/2006 3:41:46 PM PST by cgbg (Never Again? Hitliar is running for President.)
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To: unixfox
I hate our government, and I will speak against it EVERY single time they encroach on my rights or the rights of others.

PISS ON THEM!!

Like I said, they promise us the moon to get our votes, then when they are in office, all they give us is the outhouse.

I'm sick of the lawmakers.  Bunch of criminals, IMHO.  If they can turn on 25-30% of their smoking constituents, who else are they going to turn against?  Fork em!

74 posted on 03/11/2006 4:14:53 PM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: Publius6961
The idea would require only a small organization with significant amounts of working capital which would essentially be given away to some government entities. But it would be leveraged in such a way that each dollar would do the work of hundreds, but raise havoc for selected individuals... make their lives hell.

Well, if anything comes together, let me know.  We need some rebel attorneys on our side as well.  Pro bono. hehe.

That is all I am willing to say in public.

That's fine. 

75 posted on 03/11/2006 4:16:51 PM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: moog
there shouldn't be smoking in certain places. But in some places it should be left up to the business owner.

In ALL private businesses, this should be left up to the business owner and his patrons.  NOT the government!

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.

76 posted on 03/11/2006 4:18:59 PM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: moog
My apologies, I thought I was replying to WheethePeople. I am very sorry for my first statement.

No problem. :)

77 posted on 03/11/2006 4:19:51 PM PST by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: cgbg

"I await your defense of perfume..."

Ummmm What if I don't have any defense?

Bans on perfume like bans peanut butter in schools seem like overkill to me,


78 posted on 03/11/2006 6:10:43 PM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
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To: cgbg
"I am anti-perfume.

I hate it with a passion. So why don't I demand that it be banned in public places? Why don't I insist that women be arrested and fined when they start spraying that noxious odor in a public building?"

Well the case with perfume would be stronger if it had the number of carcinogens found in cigarette smoke.
79 posted on 03/11/2006 6:13:17 PM PST by gondramB (Render unto Caesar that which is Caesar's and unto God that which is God's.)
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To: Publius6961

Naw - in fact I'm as dumb as a post. I live in New York.

So you think I should just ignore this, even though they've threatened me with penalities if I don't pay up?


80 posted on 03/11/2006 6:36:22 PM PST by Burn24
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