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Posted on Fri, Mar. 29, 2002 Ban on smoking goes to voters
Miami Herald ^ | Mar. 29, 2002 | JACQUELINE CHARLES AND LESLEY CLARK

Posted on 03/30/2002 8:57:51 PM PST by Max McGarrity

Setting up a potential battle between Big Tobacco and health groups at the ballot box in November, the state Supreme Court gave the go-ahead Thursday to a proposed constitutional amendment that would ban smoking in Florida businesses, including bars and restaurants.

In a unanimous decision, the justices found that the wording on a proposal by a group of health associations meets constitutional muster: It sticks to a single subject, and the language is straightforward.

Health groups pushing the measure hailed the unsigned opinion as a major defeat for the tobacco industry, which has joined forces with Florida restaurants to mount a counter-offensive.

''Today is a great day for Floridians seeking the right to breathe clean air,'' said Edie Ousley, a spokeswoman for the Smoke-Free for Health campaign.

The amendment would prohibit smoking in restaurants -- except in outdoor seating areas -- and enclosed workplaces, including employee break rooms. Exceptions would be made for stand-alone bars, designated guest rooms in hotels, and home businesses that don't provide child care.

The restaurant industry opposes the measure and told the court that the wording voters would see on the ballot mentions ''enclosed indoor workplaces'' -- but not restaurants specifically -- and voters might not realize they are voting to ban smoking in restaurants as well.

But the justices said most voters are astute enough to realize that people ``work in places such as restaurants.''

The text of the proposed amendment -- which does not appear on the actual ballot -- includes restaurants in the definition of enclosed indoor workplaces.

If a pro-smoking group is successful, voters could see dueling ballot proposals in November. A group backed by tobacco giant Philip Morris USA, hotels, the Florida Restaurant Association and the state's biggest business lobby, Associated Industries of Florida, is proposing a counter ballot initiative.

The Committee for Responsible Solutions would put current law, which requires restaurants to set 65 percent of their space for nonsmokers, into the state Constitution.

''It's a reasonable alternative to what they've got out there,'' said committee spokesman John Van Gieson.

''We think it should be to the restaurant owners to decide,'' he said.

The group has yet to go ask the Supreme Court to review the initiative's language, and thus far has only collected 50,000 signatures. Nearly half a million are required to put an initiative on the ballot. Smoke-Free for Health says it has collected more than 629,000 signatures.

The Florida Restaurant Association notes that many restaurants have decided on their own to go smoke-free.

''It's a decision, not a mandate,'' said spokeswoman Lea Crusberg.

But Patrick Kennedy, a spokesman with the American Heart Association Florida/Puerto Rico affiliate, said the choice restaurants give diners between ''smoking and nonsmoking'' is a choice in words only.

''The choice is between smoking and second-hand smoking,'' he said.

By voting for the measure, he said, voters would be sending Big Tobacco a resounding message that they don't have to live with other's people's smoke.

He said supporters of the Smoke-Free for Health campaign plan to vigorously oppose the restaurant-backed ballot language.

''We don't believe the constitution is the place to play mind games with the state of Florida,'' he said.

Should both pass, however, it would be up to the state Supreme Court to craft a compromise that best reflects the will of voters.


TOPICS: Activism/Chapters; Culture/Society; News/Current Events; US: Florida
KEYWORDS: antismokers; butts; cigarettes; individualliberty; niconazis; propertyrights; pufflist; smokingban

1 posted on 03/30/2002 8:57:52 PM PST by Max McGarrity
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To: *puff_list
index bump
2 posted on 03/30/2002 8:59:38 PM PST by Fish out of Water
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To: puff_list; Gabz; Just another Joe
Long downhill slide, guys, aided and abetted by the politically correct media. Just look at the first graph here and consider the words used: a battle between "Big Tobacco" and "health groups." Now, isn't that crafted to give the impression that eeevviiiiiil BT, with all the money in the world, will be taking on the guys in white coats whose only thought in the world is to HELP folks? Problem is, too few of us know that's bullshite. The anti-cartel is the biggest, nastiest, wealthiest, freedom-hatingest bunch that has ever been. And this battle isn't between them and BT--BT has already been emasculated and is on its knees. It's between the nannies and the smokers. Period.

I'm having a bit o'trouble finding the 'puff list,' how 'bout you?

3 posted on 03/30/2002 9:03:43 PM PST by Max McGarrity
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To: Max McGarrity
I would appreciate it if you fellow freepers would extinguish your cigarrettes will freeping. The smoke is getting to me.
4 posted on 03/30/2002 9:07:27 PM PST by week 71
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To: Max McGarrity
But the justices said most voters are astute enough to realize that people ``work in places such as restaurants.''

If it were any other state I would agree...

5 posted on 03/30/2002 9:13:56 PM PST by Hot Soup
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To: week 71
Only if you quit eating all that fattening food!
6 posted on 03/30/2002 9:26:46 PM PST by Gem
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To: Max McGarrity
the state Supreme Court gave the go-ahead Thursday to a proposed constitutional amendment that would ban smoking in Florida businesses, including bars and restaurants.

Haven't these idiots on the Florida Supreme Court embarrassed themselves enough already?

And shouldn't the headline read, "Florida Supreme Court Give Go-Ahead to Nullification of Fifth Amendment of U. S. Constitution"?

7 posted on 03/30/2002 11:21:05 PM PST by Madame Dufarge
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To: Max McGarrity
Have any of these smoking bans gone to the SCOTUS? My god, if I lived near the interstate or the airport, would they protect my air? If I go the park and someone is burning charcoal are they going to outlaw that? Big Tobacco has been doing an organized retreat in the hopes that these nannies get enough and leave them alone. Bad choice.
8 posted on 03/30/2002 11:38:22 PM PST by paul544
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To: Max McGarrity
Guess they still haven't noticed that their income comes solely from tourism, I almost hope they win, just to prove a point.
9 posted on 03/31/2002 6:09:54 AM PST by Great Dane
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To: week 71
#4....... You forgot to smile when you asked. :-}
10 posted on 03/31/2002 6:13:16 AM PST by Great Dane
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To: Max McGarrity
Joe sent me the URL link, I bookmarked that, now when I go to FR, I start out on the puff-list, and go from there.
11 posted on 03/31/2002 6:16:40 AM PST by Great Dane
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To: Max McGarrity
Once again, the Florida SCOFFLAWS want to abrogate Constitutional rights and allow the "people" to decide whether or not business owners can operate their establishments in a way of their choosing.

Hopefully the people of Florida will vote OUT Anstead and Wells in November. :)

12 posted on 03/31/2002 7:37:06 AM PST by Recovering_Democrat
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To: week 71
Stick it out, week 71; if it doesn't kill ya, it'll make ya stronger.
13 posted on 03/31/2002 12:59:15 PM PST by Max McGarrity
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To: Great Dane
p'raps you could be persuaded to share? I can't seem to find anything with the 'search' function. Hope they get the bugs worked out of this new format soon.
14 posted on 03/31/2002 1:24:41 PM PST by Max McGarrity
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To: Max McGarrity
Over 3000 restaurants-bars have gone BK directly as a result of this niconazi crap in California. But thats okay. The owners really didn't need a roof over their heads, nor their children. We are all just subjects of THE STATE, anyway.
15 posted on 04/01/2002 5:22:31 AM PST by conserve-it
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To: Max McGarrity
But the justices said most voters are astute enough to realize that people ``work in places such as restaurants.''

In FloriDUH?
The place where they can't even punch a hole in the card?

16 posted on 04/01/2002 6:59:53 AM PST by Just another Joe
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