Bill Would Limit Smoking by Apartment Dwellers - & allows law suits if your smoke drifts

kxtv ^

[chance33_98]

Bill Would Limit Smoking by Apartment Dwellers

California smokers may soon have one less place to light up. A new law would make it difficult for apartment dwellers to smoke at home.

Assembly Bill 210 would make it illegal to smoke in any in any common area of a multifamily dwelling, including outdoors. It would also forbid use of tobacco products in any apartment not specifically designated a smoking unit.

If it becomes law, AB 210 would allow residents, landlords or homeowner's associations to sue tenants who allow second-hand smoke to drift beyond their apartments.

The bill's author says that the legislation is necessary because drifting smoke can be both a nuisance and a health hazard. "You can sue someone to force them to turn off their stereo at 2 a.m., but you can't sue someone to force them not to smoke, even though it comes into your apartment," said Assemblyman Joe Nation, D-San Rafael. "There's something wrong with that."

Critics say it's not the government's job to tell people where they can smoke, and call the measure a violation of their rights.

The bill comes up for committee hearings later this spring. Assembly Bill 210 can be read in its entirety by clicking on the link below.

Full Text of Assembly Bill 210

[HamiltonJay]

Oh get off your high horse about "real conservatives" you wouldn't know a real conservative it it bit you on the butt.

Your ignorance of regulation and law is astounding in its depth. If you think an apartment complex is legally the same as a single family home, then there is nothing more to be said. Rentals are business assets, while they may be a "home" to the renter, they are not legislatively the same when it comes to their upkeep, construction, maintenance or safety.

Drive around, please, and point out the fire escapes on the new single family multi level homes in the subdivisions... Show me the sprinkler systems in the 1500 sq ft ranches. Your right to OWN property is not restricted by regulations that are required for certain uses of the property. You can own something all day long.. the minute you rent it though, you have to meet the requirements for that. And they are different than simply owning it. You don't have to like it, but that's reality.

A rental unit, is just that, a RENTAL UNIT. In order for me to be able to RENT it to someone it must meet the requirements to do so. You have every right to own it, but when you want to rent, you enter a business and its a business that is regulated... grow up and deal with it. While you live there it is your HOME, it is not your property, and while it belongs to an owner, you will find out if you do some research that most of them (particularly large apartment complexes) are owned by CORPORATIONS, which guess what, don't even have the same concept of constitutional unregulated use of private property... so your little house of cards falls again.

Hell even if you build a single family house it must meet building standards, and pass an inspection to receive its occupancy permit. I know you long for the days when a man wondered off in the woods, pissed on a tree, declared the land his and built him a cabin... but that's not the way of the world, no matter how much you may pine for it to be.

[Mark]

This from last year:

This from Jointogether.org anti gun/anti substance abuse site :

California - San Leandro City Gun Tax Helps Abused Children The city of San Leandro has collected over $189,000 in taxes
on gun sales since voters approved the three percent tax on handguns and ammunition in 1998. An organization that works with
abused children will be the first recipient of the tax funds.

---

Taxes on guns of course! Taxes on Fast Foods soon. Libs are dangerous when in power.

[Fraulein]

I'm just attempting to point out to you reality about the state and our relationship to property.

And I take it that you think that reality is constitutional?

[Protagoras]

Oh get off your high horse about "real conservatives" you wouldn't know a real conservative it it bit you on the butt.

You won't be biting me. But you can give me a little smooch there. :^}

Gotta go now, have fun with your jailers.

[HamiltonJay]

They fall into 2 major categories... Safety and Livability (then there are business rules, must keep security deposits seperate unless you do xy&Z and must pay interest on them if held over 2 years etc etc)

On Safety they include things like handrails, fire alarms, egress, etc..

On livability though, are not safety related.. IE Carpeting must be replaced every XXX years, must be painted between tenants, etc etc... This set can vary widely, and widely can be viewed as subjective. IE Even though apartment was painted last year tenant moved out so have to paint for new tenant... etc etc... And I can tell you first hand, many of this second set are widely ignored... but that doesn't mean they don't have the right to have them on the books.

There are 2 issues here, 1) this particular bill, which is incredibly STUPID and I am against for a multitude of reasons. And the 2nd, which is does the government have the very right to regulate the rental industry. On the 2nd it is unquestionable that they have the right to do so, but just because they come up with some stupid bill (1st issue) doesn't mean they don't have the fundamental right to legislate (2nd issue).

To infer because bill is stupid they don't have the right to regulate is simpling taking to independent points and forcing a line between them... it is not a defensible position.

If the law passed and it affected me (not being from Cali, it wouldn't either way) I would have to work with it as part of my business, while I worked with other REI's and groups to get the law changed.

[VRWC_minion]

What is constitutional ? (And which consitution are we talking about ? )

[Just another Joe]

To infer because bill is stupid they don't have the right to regulate is simpling taking to independent points and forcing a line between them... it is not a defensible position.

My point is that when they come out with this stupid of a bill they have gone too far and should have their butts handed to them. Whether it be by conservatives, libertarians, democrats, or any other organization with political clout.
IMO, this just goes too far into a property owners rights.

[qam1]

Our stairwells in the garage of our parking deck are not used anymore because they stink so much from the employee smokers

Give me a break, Your dumb statement right there gives you away.

You are in a parking garage and what pray tell do you find in garages?? Cars!!!!

Just one car going in and out of that garage is creating many times the pollution that all the smokers combined. Just Do the math--> 1 gallon of gasoline weighs ~7½ pounds while one cigarette weighs 0.8 Grams, The end result after they are burned is the same so assuming my math is correct it will take 4200 cigarettes smoked to equal the "Pollution" of one gallon of gas. (Actually it's much, much higher because the 0.8 grams is including the filter which is not smoked and is more than half the weight of the cigarette and most smokers don't smoke the whole cigarette).

So it's quite amazing that the relatively miniscule amount of "Pollution" from cigarettes bothers you but you seem to have no problems with the massive amounts of similar exhaust fumes from cars.

The only difference is that car exhaust is hotter and it is blown out the tailpipe faster than the smoke leaving a cigarette so it is invisable. As they say Out of sight out of mind, So it shows the only condition you have is an annoying case of Hypochondia

[Trace21230]

I think your perfume stinks. It triggers asthma attacks. You should be fined for wearing nasty perfume.

Trace

[Trace21230]

This deserves a second posting:

Too many wimps, basically.
I, as a smoker, would be the first to tell someone they were being inconsiderate with thier smoke. I, as a smoker, always check my surroundings before lighting up and ask anyone who may be close enough to be bothered by it if they mind my smoking.

But tell me, does that help me garner respect from the antis? Nope. They would like to see me tossed into the gallows with thieves and various other criminals because I dare pollute the sacred air around them. Heaven forbid! I imagine they must never break wind or eat garlic, for that would surely put them into a coma!!!

Maybe I should demand that the antismokers buy bubbles to live in. You know, like poor "Bubble Guy" on TV.

My demanding that they live in a bubble is as offensive and unreasonable as them demanding I give up my consumption of a perfectly legal product in a well ventilated area!

In all, smokers are geting fed up with being abused. We accepted the no smoking section in restaurants, we accepted the no smoking in office buildings and airplanes, we accepted the complete elimination of smoking in most airports, sports arenas, theatres, stores, eateries, etc. Now, they want us to stop smoking in our own homes!!??

Enough is enough! If your nose is that sensitive where it should determine the lifestyle of other Americans, you SHOULD be placed in a bubble. Preferably one with IDIOT spray painted on the outside.


RIGHT ON!!!

[Dan from Michigan]

I welcome CA's law

Big govt....save me. That sounds like the same emotional tripe used by the gun grabbers.

BTW - I only smoke an occasional cigar. I'm not so much for smokers as that I'm against a bunch of jackbooted thugs invading my castle.

[Dan from Michigan]

Too many wimps, basically.

EXACTLY. I notice that the same lobbies (Public health) behind the smoking bans are also the same ones that are the gun ban lobby, meat ban lobby, fast food ban lobby, etc.

Risk can't be eliminated.

[Dan from Michigan]

Another day in the trenches for the Smoking Police, making life safer, and smell better, for all of America

I don't know whether to laugh or cry.

[Dan from Michigan]

Actually without the state there is no such thing as property rights, except guns

Life, Liberty, and Property....inalienable rights.

[VRWC_minion]

Life, Liberty, and Property

What no happiness ? Oh thats right, smokers are always miserable.

PS, Check your copy. It might have been printed by same folks who write opinion for Roe V Wade.

[FreedomCalls]

...there's another law in CA that says that beef and vegetables cannot be cooked on the same grill...

It's time to move to Texas.

[Max McGarrity]

The Blueprint for the complete Prohibition of tobacco products was written and set in motion thirty years ago. Anti-smoker nico-Nazis are following that blueprint step by step and at the same time using our Constitution for toilet paper. And many here think it's a good thing.

Sheesh!

[Great Dane]

Reading these posts, makes me want to light a cigarette. And I don't smoke.

Here...... have one of mine.

[Great Dane]

Now this is debatable... all the butts on the sides of roads and sidewalks, washed up on beaches etc, sure paint a different picture of smokers general consideration.

Here we go again........... if it wasn't for smokers, the world would be absolutely litter free, get a grip.

[oldironsides]

Some of the candles burning in these apartments could gag a maggot. Do we get into some of the ethnic dishes cooked up by apartment dwellers? Some of the smells are sickening.
I detest cigarette smoke but there are some things that are far worse.