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

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[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

[VRWC_minion]

The "state" does not "create" anything other than protections of inherent rights

Lets keep it simple. Explain a corporation.

[Gabz]

The one constant theme that I have told the smokers that they don't want to hear is that if they really cared about the owners rights they would help him get reimbursed for the taking of his property, which could be measured by the decrease in the value of his business attributable to the lost revenues. The smokers using this property right claim don't want to hear that because it doesn't fit with their agenda which is totally selfishly geared toward smoking and not toward property rights.

You're wrong, and you have been told so numerous times.

[Political Junkie Too]

WHATS NEXT GRILLED BURGERS...

That's what I've been saying is the next slippery slope.

Imagine having bbq'ing outlawed because a Hindu neighbor is offended by the wafting smell of the searing flesh of his holy cow.

-PJ

[Gabz]

Much of what you say regarding rental units and smokers may very well be true. But is not my experience. Yours is obviously different from mine.

My computer has sat in the same corner of the most used room in my house for more than 5 years.

I have had the same 3 prints in the corner, on the walls for more than 8 years. I've periodically taken them down for dusting and put them right back up again. I took them down permanently last week to pack them. There is no difference in the color of the wall from where they were and where they weren't. And my walls are white.

[Gabz]

I'm with you.

[VRWC_minion]

I'm waiting on how a corporation exists without the state to create it, then when finished we can move on to land deeds, trusts and, copyrights and other intangibles. <P.If you are going to state a premise like the state doesn't create property rights at least back it up.

[Gabz]

You don't have the right to foist the consequences of your personal choice on me.

The same goes for you, whether you like it or not.

[VRWC_minion]

You're wrong, and you have been told so numerous times.

Okay, with the exception of one super secret endeavor the remainder of the smoking freepers couldn't really care less about the property owner because they never endorse a suit to recoup there lost value.

[VRWC_minion]

We only have the right to foist our will on smokers if we get a majority in the legislature to let us. I know you don't like this inconvient fact but its the truth.

[Gabz]

Actually, GD is more correct than you.

You only seem to care about your wants, not about the owers of the businesses you wish to inflict your whining upon - many of which your delicate sensitivities would keep you from patronizing to begin with.

[Illbay]

You only seem to care about your wants,...

Isn't it awful. I want for the both of us to breathe clean air, YOU want for both of us to breathe filth.

My selfishness knows no bounds, surely.

[Illbay]

Oh, and I like how the ability to breathe free of the foul poisons engendered by the burning of tobacco is now a "delicate sensitivity."

[Bogey]

I am only "impolite" because I DARE to point out that smokers' "rights" don't extend past their personal space.

As soon as you step onto public space, it no longer belongs to just you, as opposed to what you believe, the world is NOT your oyster.

---

It has been discussed by people in the know that the same rules will apply to car exhaust.
When Mr. Minnion is contacted by his neighbors lawyer for allowing the toxic fumes from his auto to enter his neighbors nose, will this game cease to be amusing. No judge or jury can deny how much more harmful cars vapors are. While 6-7 government studies have found no harm from SHS.
Of course once the cases come forward on lawsuits from car exhaust, and Mr. Minnion and his other elk claim fowl, will the issue of SHS become mute and non existent. As anti smokers are quite vocal, it won't be difficult to easily single them out for their hypocrisy. Testifying to the dangers of cigarette smoke while they continue to spew deadly carcinogens from their autos in people faces, should be quite entertaining. After all, they can drive all they want. As long as their car fumes don't reach my nose and stay in their space.. That goes for their grill as well.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

[qam1]

After all, they can drive all they want. As long as their car fumes don't reach my nose and stay in their space

And SUV drivers because of their heavy polluting vechicles now must park in the furthest away spots in the parking lot. Hey you are free to drive one but you have no right to pollute the air of the people coming in and out of the buisness.

And of course no SUVs anywhere near a school or playground and if you have a child care center in your home you must park it down the block. It's for the children after all.

These anti-smoking Nazis are such a joke because 99% of them live in cities or suburbs which by their very nature means they are heavily congested and polluted (Mayor Buffoonberg of NYC is bragging that his new traffic scheme increased the average rush hour traffic speed from 4 mph to 6 mph plus NYC is downwind from Jersey) so any "pollution" from cigarettes is insignificant compared to all the other "Ambient" dirt and grime they inhale throughout the day. If smoke from cigarettes is seeping into your apartment then everything else (like car exhaust and exhaust from the boiler)is to.

So if they really cared about the health of their lungs they would be living in the country, But then again people in the country wouldn't tolerate their prissy and whiney ways. We had a smoking Nazi in power up here once and lets just say he's "Gone Missing"

[Great Dane]

Testifying to the dangers of cigarette smoke while they continue to spew deadly carcinogens from their autos in people faces, should be quite entertaining. After all, they can drive all they want. As long as their car fumes don't reach my nose and stay in their space.. That goes for their grill as well.

Oh, but they claim a car is a necessity, even if they drive to where they could have walked in 5 minutes.
We recently put up with 2 evenings of,"Things in your house that can make you sick," it included your bar of soap, laundry detergent, laundry softners and a host of other everyday things, I swear the socialists are out to make hypochondriacs of all of us, while we are busy fretting about all these percieved dangers, they have time to indoctrinate us some more.

[Great Dane]

We had a smoking Nazi in power up here once and lets just say he's "Gone Missing"

Way to go, is he living in a bubble somewhere. :-}

[Walnut]

Its scary isn't it? You can't give them an inch because we loose too much. where will it end? with them controling everything we do if someone else doesn't like it?

[Political Junkie Too]

How about a religious fundamentalist neighbor who can hear all the fornicating going on through the thin apartment walls?

-PJ

[Walnut]

I hear you. enough is enough!!!

[Dianna]

We only have the right to foist our will on smokers if we get a majority in the legislature to let us. I know you don't like this inconvient fact but its the truth.

Ok, back to the beginning for a second. Locke says man exists in a State of Nature (equality, freedom) but must also be under the Law of Nature which is reason.

Looking at eminent domain, it is reasonable that the state reimburse me for my property and that there must be a community interest. If both the state and I are being reasonable, there ought to be no problem.

Is it reasonable for non-smokers to push around smokers simply because they can muster a majority to do it? I say no. The fact that it sets a terrible precedent is enough to make it unreasonable IMO. It is simply foolhardy for me to run roughshod over your rights and assume that no one will try to do the same thing to me once it is accepted practice.