Mich. Legion post challenges smoking ban

UPI ^ | 8/15/2010

[markomalley]

BARAGA, Mich., Aug. 15 (UPI) -- A Michigan American Legion post says its court fight to allow smoking in its post tavern is about the freedom and liberty they fought to defend.

American Legion Post 444 in Baraga, Mich., sued the Western Upper Peninsula Health Department to strike down as unconstitutional the department's order to end indoor smoking, the Detroit Free Press reported Sunday.

Foucault-Funke Post 444 finds itself at the center of a possible decisive showdown for the new state law, the newspaper said.

"It's not about the smoking," post spokesman Joseph O'Leary says. "It's about the right to choose to allow the use of a legal substance on our property."

The post owns and runs the tavern in Baraga at the base of the Keweenaw Bay in the Upper Peninsula.

The post wasn't seeking a confrontation with the state or local health authorities, its leaders say.

But after the new law went into effect, they say, it was time to take a stand.

"These are guys who put their lives on the line for their country," O'Leary says.

"They said, 'Wait a minute. This is our property. This is not heroin. Nobody in the world who doesn't like smoke has to walk through that door,'" he says.

"They just decided enough is enough."

[John W]

Good luck to them.

[SaveTheChief]

When are these people going to learn that the mob has spoken and there is no such thing as individual freedom? The government knows what’s best for us.

[donhunt]

Don’t snicker at the folks in Arizona.
Don’t snicker at these folks either.
Support them.

[libertarian27]

Next, the Health Boards will stop businesses from serving alcohol, stop businesses from serving fattening foods....it’s for the children...

Nothing is as powerful as an unelected bureaucrat....

[GOP_Lady]

Rush!

"I simply turn on the Golden EIB Microphone and share my honest passions and beliefs with people. And they're free to go elsewhere. They're free to ignore; they're free to believe; they're free to be entertained, I don't care. They're free to do whatever they want. But a lot of people aren't free to smoke cigarettes where they want; they're not free to drink where they want; they're not free to eat the kind of food they want to eat; they're not free to eat trans fats; they're not free to drive certain places. Pretty soon we're going to be told what kind of cars we have to drive. I can't cause that. I can't restrict anybody's freedom. We've elected a guy who can, does, and wants to, all under the guise of saving us. So I appreciate the effort, and I appreciate somewhat losing my temper here. But don't compare me ever to an authoritarian who thinks so little of people that without him they can barely breathe on their own. Don't ever do that." LEARN IT, LOVE IT, LIVE IT! If one cannot understand Rush's words above, then one does not truly understand FREEDOM!

[Repeal The 17th]

This problem is a result of some government actions from back in the ‘60’s that were seen at the time as necessary to solve some ‘other’ problem that ended up blurring the lines between ‘public’ and ‘private’ property.

[Outlaw Woman]

Love it when a ‘Push back’ starts. Good Luck to them and bravo for standing up against tyranny!!

[bikerman]

As a member of the American Legion smoking at our post has split the membership, Being a non smoker such as 33% of the membership we have been fighting for a non smoking area to no avail, I and others now refuse to frequent the post so now they are complaining about lost $$$ and volunteers, I have joined a NON smoking VFW and give them all my business and volunteer work.

[1_Of_We]

I have joined a NON smoking VFW and give them all my business and volunteer work.

It is a good thing that the people who enjoy smoking allowed you to exercise that freedom! NOW DAMMIT others, who don't enjoy smoking or being exposed to it, should back off and let those who enjoy smoking exercise THEIR freedom!

[netmilsmom]

>>I and others now refuse to frequent the post so now they are complaining about lost $$$ and volunteers, I have joined a NON smoking VFW and give them all my business and volunteer work. <<

I’m sure that when enough of you non-smokers get the new hall to go non-smoking, all the smokers will go to your old one.

It all evens out in the end.

Being from a family where the Vets smoke, I wouldn’t deny a one of them their vices.

[bikerman]

should back off and let those who enjoy smoking exercise THEIR freedom.

We are not asking to stop their filthy enjoyment all we wanted is an small area in the lounge for NON smokers so we may enjoy and exercise our RIGHT to not have to be sitting next to someone who smokes. The non smoking VFW post I now belong does not stop smokers from enjoying their right they have set up a covered area joining the lounge area OUTSIDE for them to smoke. Keeping the inside clean and fresh and the white walls,and window curtains free from yellowing smoke.

[ASA Vet]

I'm a life member of the DAV. I've been in my local chapter only once, for five minutes. I went home washed the clothing I had on, and showered the stink from my hair and body. I won't go back.
Their letters whining about declining membership, and no one volunteering to help with Bingo will go unheeded.

[libertarian27]

Their letters whining about declining membership, and no one volunteering to help with Bingo will go unheeded.

Once non-smoking passes- membership, overall, in private clubs drops tremendously. Bingo takes a huge hit when it goes non-smoking.

The biggest problem for most of these clubs is they have poor ventilation systems. But who will upgrade with looming bans all over the place....

[ASA Vet]

It's those private clubs business if their members want their club to be a stinky cancer center. It's their club not the governments.

I have the freedom to never go there, largely thanks to those Vets. It's a freedom I will exercise.

Same thing with Bars, if the OWNER wants it to stink, it's his choice not the governments.

It's about time we stand up and fire the assholes taking over private property.

[libertarian27]

It's about time we stand up and fire the assholes taking over private property.

Amen to that, but these bans passed many states and towns with barely a battle - now most states are left with banning private clubs and foot rules on sidewalks - little skirmishes in the battle against property rights...they are now moving to ban smoking in private homes (apartments) across the country.

This will not end with smoking bans - this is not about smoke - it's property rights, pure and simple. Most don't see it that way because they don't like smoke~ but yet they like fireplaces ;)