Posted on 03/11/2003 4:42:21 AM PST by 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
If you are going to state a premise like the state doesn't create property rights at least back it up.
I think you're being awfully nitpicky here. Since we have the death penalty, abortion would you say that the state GIVES us our right to life?
If the state disappeared tomorrow, I don't lose my right to freedom. I might have to fight for it, I might have to die for it, perhaps a person will ignore my "rights" and enslave me anyway. But I wouldn't have to accept that enslavement as moral and believe that I deserved such a fate. It would be moral for me to take any action necessary to regain my freedom because I always retain the right to be free.
Eminent domain is rarely reasonable to the person having their property taken. But I must observe that you finally get the fact that the state does have the ulitimate power over property.
Is it reasonable for non-smokers to push around smokers simply because they can muster a majority to do it? I say no.
I never argued it was reasonable. I only argued that I would support the state if that is what the majority decided.
Different issue. I was countering complaints by you and others that the state cannot create property rights. That is certainly a false premise. The state cannot create life but it can and does create property and does and can attribute certain rights and obligations to the owner.
I used the corporation as an example because it is easily the most obvious. Corporations are a legal fiction created by state charter.
If the state disappeared tomorrow, I don't lose my right to freedom.
Yes, but all the corporations domiciled in that state would loose their existance. All of the property holders of real property would loose their title to it. Alone without the state your rights to enjoy property are fully dependent on your ability to carry and protect.
Controlling smoking is only a secondary goal of this law and others like it. The REAL purpose of passing them is to get the sheeple used to the government controlling every single aspect of our lives. It's the smokers now because they are a hated minority,but tomorrow it will be the smokers joining together to beg the gooberment to restrict the rights of somebody else so they can "get even". When we are all fighting each other,the only winner is the goverment.
In that case, don't expect too many to care about yours when they come for them.
Wrong answer.
It was brought up that many smokers throw their butts out the window. I admitted this fact as I have seen it WAY too many times.
I then asked the question, paraphrasing, where do smokers have more access to an ashtray, at home or out in public?
Those smokers, like myself, who DON'T throw their butts out the window will still not throw our butts out the window.
The smokers who DO throw their butts out the window, since they won't be able to smoke in their homes now, will throw MORE butts out the window.
This means more cigarette butts laying on the ground.
Don't try to twist my words.
I'll throw them right back in your face.
Don't need to lash out.
Especially when you don't seem to be able to comprehend the written word.
What happens when the neighbors are smoking outside after the bill becomes a law? Is your friend going to call the police and take them away from more serious matters?
A law for this just sounds silly. I think your friend needs to ask your neighbors to be more considerate.
Then perhaps she should do some maintenance on her condo ... may I suggest some better door seals and caulking ?
Sounds like you're assuming again.
And I don't smoke.
Well I do! In fact, I am going outside to my APARTMENT BALCONY and light up a nice menthol right now. I only wish I had a nice cigar!
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