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CALIFORNIA: 5-year-old ban in bars leaves owners, customers fuming
Appeal-Democrat.com ^ | 5 January 2003 | Scott Bransford

Posted on 01/06/2003 6:58:16 AM PST by SheLion

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To: ThomasJefferson
What are you talking about? You can't prove the steak was only 7 ozs. The police can't measure it. There was no weights and measures person to measure it. You pay up on the spot or got to jail.

Sure you can go to court later if you demand to be arrested and the steak taken into custody. Then you pay bail and go home. Otherwise you don't have a viable evidenciary trail.

What's fasinating to me, is you didn't think this out on your own. Either that or you think this is preferable to any government intervention.

261 posted on 01/06/2003 11:59:02 AM PST by DoughtyOne
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To: DoughtyOne
Look, you made the claim that private property rights precluded government intervention on the smoking issue.

I make the claim that not even the government can legitimately usurp rights. That is the only claim I make.

Not only am I not "done in", but to assume so is another childish attempt to extricate yourself from your moronic statements.

262 posted on 01/06/2003 12:01:23 PM PST by Protagoras
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To: DoughtyOne
People aren't piling on you.

We're defending property rights, while you're defending the mythical "right" to force a property owner to conform to your personal wishes.

Health regulations regarding what goes on in a restaurant kitchen are necessary because the public can't see what's going on in the kitchen.

Restaurant or bar patrons are aware of whether an establishment allows smoking or not before they enter or shortly thereafter. They then have the choice to leave or stay.

Much of your argument seems to swerve toward the health effects of second-hand smoke, although the thread is concerned with private property rights and non-interference by the government in the free marketplace.

You have no more "right" to prevent a business owner from deciding to allow his patrons to smoke than smokers have a "right" to prevent a business owner from deciding to make his establishment non-smoking.

It's very simple, really.

263 posted on 01/06/2003 12:01:44 PM PST by Madame Dufarge
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To: DoughtyOne
And so, you lose.

LMAO, good one. Another self proclaimed winner. LOL, you're a funny kid.

264 posted on 01/06/2003 12:03:37 PM PST by Protagoras
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To: ThomasJefferson
You don't even believe in your own claims regarding the Constitution. You made the claim that you had rights. The owner does too fella. At least by your model he does. If you can poison the air, he can poison the soup.

The laws of unintended consequences would eat you alive in the world you say you want.

265 posted on 01/06/2003 12:04:58 PM PST by DoughtyOne
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To: Madame Dufarge
It's very simple, really.

Amazingly so, but not apparently, for some people.

266 posted on 01/06/2003 12:06:29 PM PST by Protagoras
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To: DoughtyOne
Good Grief - you have no clue to what any of this is about, do you?????

So anotherwords in your perfect world you have every right to demand you get your way rather than accept that your actions have a negative, unhealthy and unacceptable impact on others. You have the right of free association as well as the right to deny that to others. You have the right to the persuit of happiness but nobody else does.

In your world everyone is equal, it's just that some are more equal than others. Is that about it?

This is exactly what you have been saying about your preferences all along.

Did I miss your explanation for why it was okay for a business owner to poison his patrons? I must have missed it.

I realize this was being asked of another poster, but more than once I have addressed this issue on this thread.

It comes down to the poison is in the dose.

There is no such thing as carcinogen free air - indoors or out.

Frying and grilling of foods emit carcinogens into the air. But even steaming foods on a gas burner does it as well. Using a microwave emits rays that can be harmful to some people. And when the door to the restaurant is openned that outside air does get inside.

So I guess all restaurants "poison" their customers and since according to you they havbe no right to do so - all restaurants must be shut down immediately.

Health inspections of the kitchens of places serving food are a necessary part of the government because the general public which is invited into an establishment can't see what is going on in the kitchen. The general public being invited into the same establishment does know if it permits smoking. So the comparison is invalid.

However, I will suggest that no one other than proponents of this stupid ban eat in any restaurant in the State of Delaware because the Department of health has declared that compliance withthe smoking ban is its NUMBER 1 priority.

There are 18 inspectors for the entire state of Delaware and it used to be they were just responsible for public health inspections in restaurants, bars, public pools, and public restrooms. Those same 18 people are now in charge of enforceing the smoking ban in every single business in the entire state. What used to be probably about 2000 places - has now jumped to well over 200,000.

This is one 20+ year Delawarean that will not eat in a Delaware restaurant until they get their priorites straight.

267 posted on 01/06/2003 12:10:06 PM PST by Gabz
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To: DoughtyOne
You don't even believe in your own claims regarding the Constitution.

What claims? Please cite the claims I made. Then we can address them without the use of your imagination.

You made the claim that you had rights.

Correct, I do. And so do you. The argument is over what they are. You claim some which do not exist. (in any case, they would be powers, not rights)

The owner does too fella.

Correct, now you are getting it.

At least by your model he does.

My model? LOL

If you can poison the air, he can poison the soup.

You really don't get it do you? C'mon, how old are you?

268 posted on 01/06/2003 12:11:44 PM PST by Protagoras
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To: Madame Dufarge
Excellent summation of the thread. I do find that most of the anti-smoking posts here are trying to conflate property rights with smoker's rights. Which are two different issues.
269 posted on 01/06/2003 12:12:42 PM PST by stylin_geek
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To: DoughtyOne
And when your private property rights are violated, who will you run to? Your opinion is based in bitterness for your fellow man, and your bitterness trumps their rights. I have admired some of your postings here for a while, but maybe you should go to DU for a while to get a good idea of what trail you are on with this argument.

I can sympathize with you for not wanting to be around smoke, but that is your choice. You can choose not to do business in those places, just like smokers can choose to go where they are welcome. Taking the rights of a business owner to run their business as they see fit, and using your own selfish desires as justification is the kind of power-trip socialism that I always thought FR was against...JFK

270 posted on 01/06/2003 12:13:41 PM PST by BADROTOFINGER
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To: stylin_geek
My biggest problem with the issues involved here is people do not make a distinction between rights and a transaction. Somewhere, consensual transactions involving buyer and seller became confused with "rights."

Seems to me a denial of the "right" of consenting adults to form a contract as regards a legal product. Of course, the anti goal is to make that product illegal as soon as possible and our civil serpents, none of them rocket scientists, believe that's what the people want but don't want to give up the gazillions of dollars they make on it. It's just simply amazing to me that so many otherwise bright and decent people are willing to throw away other folks' rights because they don't "like" something.

271 posted on 01/06/2003 12:14:20 PM PST by Max McGarrity
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To: philosofy123
If the offense is the smell why are these places being forced to ban smoking for health reasons?
272 posted on 01/06/2003 12:15:50 PM PST by Mears
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To: ThomasJefferson
To: DoughtyOne

In your mind a person who steals a newspaper is thus the same as a person who commits murder, since one infraction of your vision of a free America
equates one to the worst thing a human can be.

Still another strawman. Amazing

My calling you on comparing me to Hitler, was calling you on a strawman arguement.  It was absurd, even for you.  Once again I used an example that parallels your stupidity, and you think I'm the one who's out of line.

I don't want smoking in public places.  In your mind that makes me like Hitler.  This was far more extreme that the comparison I provided, yet you think yours was the reasoned comparison and mine was unreasoned.  Mine was the strawman arguement, yours was just reasoned logic, right?  Seriously fella, get a grip.

I disagree with your vision of smoking in public, so I'm the same as Hitler.

You advocate fascism, that makes you the same as Hitler in the context of this discussion.

Especially in light of the context of this discussion, I am not the same as Hitler.  The problem your team seems to run into on these topics is that you can overplay your hand.  This you did.  I called you on it.

What you fail to understand is that by doing this, you make Hiter the same as a person who objects to smoking in a public restaurant, no worse.

Untrue, and childish. How old are you?

Was that a strawman arguement?  From you?

Don't compare people to Hitler unless they are compartively close to what he truly was.  Thomas Jefferson would have known better.

258 posted on 01/06/2003 11:57 AM PST by ThomasJefferson

273 posted on 01/06/2003 12:16:25 PM PST by DoughtyOne
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To: SheLion
SMOKING BAN IMPACT ON CALIFORNIA RESTAURANTS

LOL! Come out here some Fri. or Sat. night and try to get a seat at the bar or restaurant sometime Ms. expert on California from Maine...Or is that Somalia now yet?

274 posted on 01/06/2003 12:17:54 PM PST by lewislynn
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To: DoughtyOne
I note that you made mention of a mirror to another poster here. I'll bet it never occurred to you that non-smokers could have friends too.

You may well have friends, but I'll bet you don't harangue them as you do those here with whom you disagree.

275 posted on 01/06/2003 12:18:18 PM PST by Old Professer
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To: metesky
Geez, D1, of all people backing the coercive power of the state, I never figured on you.

Ditto. Maybe I'm misremembering, but I thought D1 was a strong private property rights and individual liberties kinda guy.

276 posted on 01/06/2003 12:18:19 PM PST by Max McGarrity
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To: DoughtyOne
I breathe by nessesity. You smoke by choice.

I don't smoke. I have told you that before. Did you fail reading comprehension? You may breathe off my property, you are under no obligation to come into my place of business.

I have as much right to frequent a restaurant as you do.

No one has such a right. The right you assert does not exist except in your rather vivid imagination.

When I'm in your state I'll live by your laws. When you're in mine you'll live by ours.

Governments do not have the legitimate power to violate rights despite your assertion.

277 posted on 01/06/2003 12:18:43 PM PST by Protagoras
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To: Madame Dufarge
Madame, you have touched on some interesting points, but I have been going at this for quite a while. I appologize for doing this, but I feel that it is more fair for me to wrap up my comments to TJ, than to start up with you and avoid his posts. Perhaps we'll engage on this topic again one day.
278 posted on 01/06/2003 12:19:52 PM PST by DoughtyOne
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To: DoughtyOne
I don't want smoking in public places.

OOPS, there is the lie again. The discussion is not about public property.

279 posted on 01/06/2003 12:20:51 PM PST by Protagoras
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To: DoughtyOne
Why hide behind the veil of "protecting rights", when all you want is to sit in a smoke free restaurant. Just say that. And you are free to do that...as long as you OWN the restaurant.

Life is not a pain free existence, and no amount of nanny state laws are going to make it that way. I don't smoke, I hate smoke, but it would NEVER occur to me to tell someone else what to do with their restaurant. Why is it so important to you to do that?

280 posted on 01/06/2003 12:21:01 PM PST by Republic of Texas
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