Posted on 05/18/2007 5:42:12 AM PDT by GOP_Lady
Smoking In Private Clubs Overturned
LOL! Yum Yum. Sprinkle it with bean sprouts for an extra treat.
(What, what? You’re not happy?)
Bars and clubs are privately owned. Owning property and deciding for yourself what consensual activities are permitted therein IS a right. If you don’t like it, go elsewhere. There were plenty of non-smoking establishments popping up before the health-nazis instituted their fascist smoking bans.
On another thread, I asked:
Under this plan, what incentive do the current illegals have to self-report their status?
“Really? Then in that case we better ban using gas powered lawn mowers, driving cars, bbq grilling, smokehouses, candles, insense, manufacturing, and methane expulsion.”
They’re trying as hard as they can. Ever hear of Global Warming? The false religion created around this flawed concept has all of those things in it’s sights.
The public bars brought the suit, having lost business to the American Legion, VFW, etc. where you could exercise personal freedom....
Now, the Judge has decided to stop the rights of smokers from being exercised on PRIVATE PROPERTY, so it moves on.
I missed the part in the U.S. Constitution where it says a person is NOT allowed to be secure in their property, possessions, etc., from Government intrusion.....
THE ANTI-TOBACCO RECIPE FOR SUCCESS
1. Choose an industry.
2. Regulate the industry.
3. Tax the industry.
4. Sue the industry.
When one source of money dries up, return to Step 1 and repeat.
By S. Phillipe
Not exactly. The original law passed as a voter referendum. My thoughts on referendums in general are well known (they are stupid), and part of the issue here was that the referendum was very poorly written, including some contradictory provisions
Once the referendum was passed, the legislature was charged with sorting out the mess and passing implementing regulations. Apparently, this judge thought that the legislature’s effort to cure the defects in the referendum was “overstepping its authority.”
Whatever.
Are you proposing a farting ban????
So it's okay if I pay a lobbyist who can get a law passed that makes you have to do things that I don't have to do, when we are basically in the same business?
The big brown pile was voted on by the entire state, so we are all to blame. The relevant part of the law is http://www.smokefreeohio.org/oh/about/documents/SFOlaw.pdf:
3794.03 Areas where smoking is not regulated by this chapter.Now, to me it looks like this allows smoking in private clubs in very limited conditions. I can't figure out how the judge ruled that very limited cases means absolutely no cases.The following shall be exempt from the provisions of this chapter:
[snip]
(G) Private clubs as defined in section 4301.01(B)(13) of the Revised Code, provided all of the following apply: the club has no employees; the club is organized as a not for profit entity; only members of the club are present in the clubs building; no persons under the age of eighteen are present in the clubs building; the club is located in a freestanding structure occupied solely by the club; smoke from the club does not migrate into an enclosed area where smoking is prohibited under the provisions of this chapter; and, if the club serves alcohol, it holds a valid D4 liquor permit.
Yes, but a VFW Hall is basically a bar. If I'm a bar owner and all smokers are kicked out of my bar and head for the VFW Hall, what should I do?
Surrender and go out of business, or fight back any way I can?
It's a private club-don't go there if it bothers you so much.
I shouldn't have to be exposed to your aftershave/shampoo/deodorant either.
A VFW Hall is basically a bar. If I'm a bar owner and all smokers are kicked out of my bar by law and head for the VFW Hall that is exempted from the law, what should I do?
Surrender and go out of business, or fight back any way I can?
I think we should have the right to smoke at all sporting events, not just on golf courses and in pool halls. Basketball games would be a perfect event for the players and coaches to enjoy stogie while making a fast break or while screaming at the ref who could also be chewing on a nasty brown turd. Anywhere people are breathing hard from physical exertion is a perfect place for everyone watching or playing to light up. It's all about the freedom to show everyone else how smart we are by filling the room with our favorite stench. BTW, don't forget to put your cigar butts in your pocket when your through with them instead of leaving them where ever it suits you.
It seems very well written and clear to me as well, but what do I know compared to this judge. I just hope the people of Ohio are proud they voted for this mess, when something reasonable could have been accomplished.
I was out of the state for a week, and it was really nice not seeing those Nazi No Smoking signs posted everywhere with the phone number for reporting your fellow citizen. It shows how we treat each other here in Ohio, that’s for sure.
But not all smokers can head for the VFW.
Surrender and go out of business, or fight back any way I can?
You should have fought harder to kill the entire thing in the first place.
One of the vocal opponents to the smoking ban in Delaware was a guy who had gone smoke-free on his own, his bar was doing a booming business and he felt forcing everyone else to do what he did on his own would hurt his business and take away the niche he had created. He was right, the place is no longer in business.
A VFW Hall is basically a bar. If I’m a bar owner and all smokers are kicked out of my bar by law and head for the VFW Hall that is exempted from the law, what should I do?
Surrender and go out of business, or fight back any way I can?
*******************************
This arguement from ‘regular’ bars against private clubs was shouted out in my state, MA, years ago.
It didn’t happen, for the most part. Private clubs are different from open-to-the public places. Private membership didn’t go up, the smokers WENT HOME.
This ‘equal playing field’ argument is childish. The Bars point and whine like children “He’s doing it too” to MaMa Government.
Owners should take back their rights and fight the correct harm, not fight their brethren.
Or just, quit frankly, give up....alcohol is next.
If they can’t fight Anti-Smoking, they will never overcome Anti-Drinking.
So bad laws only get passed because the people affected by them didn't fight hard enough "in the first place."
And once the bad law is passed those people should just roll over and die?
I’ll bet this self-righteous libtards farts don’t stink either.
History is again repeating itself. 100 years ago the prohibitionists were doing the same thing by working to make cities, counties and whole states “dry”. Their arguments were much the same as today’s anti-smoking zealots, liquor causes all kinds of societal and health problems. However liquor remained a legal product despite the increasing restrictions imposed by the prohibitionists. In the end the prohibitionists won and the 18th Amendment was added to the US Constitution. For 13 years the US was turned into a nation of bootleggers and speakeasies. I expect the same will happen to the smoking bans.
Take back their rights?
WTF does that mean?
An armed invasion of the legislature?
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