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CA City May Ban Smoking At Home
The Stiletto Blog ^ | November 24, 2006 | The Stiletto

Posted on 11/24/2006 6:52:17 AM PST by theothercheek

The Belmont (CA) City Council is considering drafting an ordinance that declares secondhand smoke “a public nuisance” and extends the city’s current ban on smoking in workplaces and most public areas to any residence except a single-family detached home.

The proposal, aimed at multi-unit apartment buildings, is meant to address the health concerns of elderly apartment residents who complained of complications caused by second-hand smoke, according to The Associated Press.

The City Council of this Silicon Valley suburb of San Francisco is expected to enforce the ordinance by relying on civil suits brought by citizens or the city, and by imposing fines on violators. The proposed ordinance is likely to be taken up by the City Council in January 2007, and could go into effect by March, unless a judge grants an injunction as a result of a court challenge.

Secondhand smoke has been declared a toxic contaminant by the state’s Environmental Protection Agency. Two cities in the state, Dublin and Calabasas, have already declared smoking a public nuisance, paving the way for people to sue their tobacco addicted neighbors. But Belmont will be the first city in the US to ban smoking in the privacy of one’s home.

The Stiletto thinks that smoking is a slow form of suicide, and fervently wishes the one remaining person amongst her friends and family who still puffs on those accursed cancer sticks would quit - today. Nevertheless, she believes that based on the facts at hand a smoking ban in private residences would appear to violate Fourth Amendment personal, property and privacy rights that have been explicitly stated by the Founding Fathers and inferred as inherent by the Supreme Court. The proposed ordinance may also violate the Fourteenth Amendment’s equal protection clause because it disproportionately affects citizens who live in apartment complexes and other multi-family dwellings and expressly exempts those wealthy enough to be able to purchase a house in Silicon Valley’s superheated real estate market.

Aside from being constitutionally dubious, Belmont’s proposed ordinance is also highly ironic. In a state where consenting adults can engage in mind-bogglingly deviant sexual acts in the privacy of their homes, many Belmont residents won’t be allowed to smoke a cigarette afterwards.

NOTE: The original source has links to relevant articles and Web sites.

TOPICS: Government
KEYWORDS: dueprocess; nannystate; privacyrights; pufflist; smokingban; thestiletto; thestilettoblog; usconstitution

1 posted on 11/24/2006 6:52:18 AM PST by theothercheek
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To: theothercheek
Secondhand smoke has been declared a toxic contaminant by the state’s Environmental Protection Agency.

Have they weighed in on diesel exhaust, or barbecue smoke?


2 posted on 11/24/2006 7:27:27 AM PST by ml/nj
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To: ml/nj

"diesel exhaust, or barbecue smoke?"

Yes. It is illegal to sit or stand directly behind an exhaust pipe, or stand with your head placed stationary directly above your bbq. Moronsky 5150 is the ord. number.


3 posted on 11/26/2006 8:38:34 AM PST by at bay ("We actually did an evil....." Eric Schmidt, CEO Google)
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