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Ohio Supreme Court Oral Arguments In Smoking Ban Challenge streaming live
Ohio Channel ^ | 10/19/11 | OSSC

Posted on 10/19/2011 6:59:56 AM PDT by Pontiac

Ohio Supreme Court Oral Arguments In Smoking Ban Challenge streaming live

(Excerpt) Read more at ohiochannel.org ...


TOPICS: Constitution/Conservatism; Extended News; Government; US: Ohio
KEYWORDS: lawsuit; nannystate; ohio; ohiosupremecourt; pufflist; ruling; tobacco
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Important property rights case
1 posted on 10/19/2011 7:00:04 AM PDT by Pontiac
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To: Las Vegas Dave

Ohio Ping


2 posted on 10/19/2011 7:03:59 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

Any background on this case? Did the OH gov’t try to outlaw smoking in homes or cars or something?


3 posted on 10/19/2011 7:08:32 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Pontiac

” Important property rights case “

Yeah - and the courts have such an excellent track record, lately, for protecting property rights from the nanny state and the bureaucratic hegemony...

/s


4 posted on 10/19/2011 7:08:42 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Pontiac

Good example of the dangers of “democracy” vs. a representative republic.

This monstrosity got passed at the ballot box with majority approval. It made smoking rules in Ohio even more restrictive than in liberal cesspools like Maryland. I was amazed to find smoking rooms at a hotel where we stayed recently near Baltimore. They are strictly verbotten in Ohio.


5 posted on 10/19/2011 7:09:35 AM PDT by Buckeye McFrog
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To: rarestia

No, only in restaurants/bars, etc.


6 posted on 10/19/2011 7:09:58 AM PDT by Reddy (B.O. stinks)
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To: Reddy

Been like that in Florida for a while. Any establishment that sells food cannot allow smoking. That’s a little flexible; for instance, my cigar shop is allowed to sell soda, coffee, and snacks, and we’re allowed to smoke outdoors at restaurants if outdoor seating is available.


7 posted on 10/19/2011 7:13:48 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: Pontiac; Tolerance Sucks Rocks; Eric Blair 2084

Nanny State Ping needed!!!


8 posted on 10/19/2011 7:15:09 AM PDT by Gabz (Democrats for Voldemort.)
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To: rarestia
Did the OH gov’t try to outlaw smoking in homes or cars or something?

The no smoking in bars, restaurants and private clubs law was passed on a state wide referendum.

To my knowledge there has been no state wide proposals to ban smoking in homes or cars.

9 posted on 10/19/2011 7:19:52 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

The voters of Ohio, through a democratic process, decided overwhelmingly that they did not want smoking in public places.

Get over it.


10 posted on 10/19/2011 7:22:29 AM PDT by TSgt (Legal Disclaimer: View my profile at your own risk)
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To: TSgt

Since when is a private club a public place?


11 posted on 10/19/2011 7:29:05 AM PDT by Gabz (Democrats for Voldemort.)
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To: Reddy

It’s been a comedy of errors. You might call it “Statism Without The State” since Ohio had almost no one to enforce the ban and in many cases it was actively ignored, even flouted.

Of course, statist types don’t like being mocked so they decided to make an example of a few establishments.

As for the ‘democratic process’ argument, I hereby propose a ban on tan indoor carpet. If it passes, can we assume that all affected will be redecorating?


12 posted on 10/19/2011 7:29:48 AM PDT by relictele (Pax Quaeritur Bello)
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To: TSgt

” Get over it. “

And the voters of the United States, by a comfortable majority, decided that they wanted Barack Obama to be President -

Get over that, too???


13 posted on 10/19/2011 7:30:04 AM PDT by Uncle Ike (Rope is cheap, and there are lots of trees...)
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To: Gabz

Shh...don’t upset the black-or-white types. Shades of gray upset them.


14 posted on 10/19/2011 7:31:01 AM PDT by relictele (Pax Quaeritur Bello)
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To: TSgt; Gabz

The voters of Ohio, through a democratic process, decided overwhelmingly that they did not want the production of the dangerous greeenhouse gas, dihydrogenmonoxide, in public places.

Get over it.

You can breathe in, but you cannot exhale.


15 posted on 10/19/2011 7:35:41 AM PDT by patton ("Je pense donc je suis," - My Horse.)
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To: relictele

Believe me, I know. It never ceases to amaze me how many FReepers actually support these laws.


16 posted on 10/19/2011 7:36:23 AM PDT by Gabz (Democrats for Voldemort.)
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To: TSgt
The voters of Ohio, through a democratic process, decided overwhelmingly that they did not want smoking in public places.

Some things are not open to the Democratic Process.

Some things are simply Rights guaranteed by the Constitution.

Things like personal property rights are guaranteed by the takings clause.

Anything you can legally do in your home should be legal to do in a bar or restaurant if the owner wishes to permit it.

Do you wish the people of your state telling you what legal activities you can and can not do in your home?

If they can do it to a private club they can do it to your home. They have already done it at the federal level by outlawing flush toilets that use 5 gallons and scheduled the incandescent light bulb to be banned.

IF you don’t like a particular vice don’t so easily surrender that vice to the nanny state because someday they will get to some practice that you do care about.

By the way I do not smoke and I typically only went to non-smoking restaurants before the ban. So I do like the effect of the ban but I still fight the ban on the principles of FREEDOM.

17 posted on 10/19/2011 7:40:49 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Pontiac

This is a health issue however we will never get past that so there’s no use debating it.

I’ll agree I believe the law went a tad far. I would have been happy with a smoking ban in any place where children could be present however it is what it is.

Again, we’ll not get anywhere with each other on this thread because folks believe second hand smoke isn’t a health issue.

Queue the inane “My grandpa smoked and lived to be 100” and “perfume bothers me.” comments...


18 posted on 10/19/2011 7:45:15 AM PDT by TSgt (Legal Disclaimer: View my profile at your own risk)
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To: patton; Gabz

Does inhaling the smoke clean it and strip it of all carcinogens before it is exhaled?

Two people sit in a closed garage with a car running, which one of them dies?

I never cease to be amazed at those who ignore simple physics and logic.

I’ll support your right to kill yourself only if you support my right to live.


19 posted on 10/19/2011 7:50:41 AM PDT by TSgt (Legal Disclaimer: View my profile at your own risk)
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To: patton

Good one, Pat!!!

How ya been buddy?


20 posted on 10/19/2011 7:51:13 AM PDT by Gabz (Democrats for Voldemort.)
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