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Judge Upholds NY Smoking Bans
AP ^ | 5/25/05 | Larry Neumeister

Posted on 05/25/2005 9:29:10 PM PDT by Crackingham

A judge tossed out a lawsuit brought by a 115-year-old private club that sought to strike down no-smoking laws so it could continue to honor its members - who include Walter Cronkite and Carol Burnett - with ceremonies that include lighting up.

The Players Club is no more entitled to special privileges with city and state health inspectors enforcing the laws than are pro-tobacco organizations that tried unsuccessfully to overturn them, U.S. District Judge Victor Marrero said Wednesday.

"Individuals have no 'fundamental' constitutional right to smoke tobacco," the judge wrote.


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: New York
KEYWORDS: blackrobednazis; cancer; filthyhabit; judges; ldonutwatch; libertarians; painfuldeath; propertyrights; pufflist; smoking; smokingbans; whatconstitution; wodlist
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To: Mears; Just another Joe; Madame Dufarge; MeeknMing; steve50; KS Flyover; Cantiloper; metesky; ...
I am trying to wake up here.  And I get this.  Ugh!

Let me read and catch up.

21 posted on 05/26/2005 4:48:52 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: PaxMacian; WindMinstrel; philman_36; headsonpikes; cryptical; vikzilla; libertyman; Quick1; ...
"Individuals have no 'fundamental' constitutional right to smoke tobacco," the judge wrote.

Bwahahaha!

22 posted on 05/26/2005 4:52:39 AM PDT by Wolfie
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To: SheLion

Sick. Ain't it?


23 posted on 05/26/2005 5:06:34 AM PDT by RandallFlagg (Roll your own cigarettes! You'll save $$$ and smoke less!(Magnetic bumper stickers-click my name)
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To: Crackingham

VVV


24 posted on 05/26/2005 5:08:02 AM PDT by brityank (The more I learn about the Constitution, the more I realise this Government is UNconstitutional.)
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To: Crackingham
There is also NO FUNDAMENATL RIGHT TO BAN IT! If we have no fundamental right to smoke Tobacco - then make the stuff illegal! Lets see how far that will fly!

Another example of Big Brother, Judicial Tyranny, The God Complex - and anything else you may care to add which takes away ONE MORE freedom in this Great Country of ours.

Seems to me like our Founding Fathers (that particular generation in our history) began the Tobacco growing Industry in this country - after the Native Americans taught them about it.

If they thought it should have not been allowed here - I would think they would have set up an ammendment to stop it.

Oh, but wait - that would have just given a Judge another part of the Constitution to misconstrue, misrepresent, and destroy. Nevermind. JK

25 posted on 05/26/2005 5:36:58 AM PDT by Just Kimberly (Always proud, Always American, Always Trust in God...HOOAH!!( and Terri - we will never forget.))
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To: Crackingham; SheLion
Clinton appointee
26 posted on 05/26/2005 5:37:23 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: Crackingham

What this Marxist black-robed thug has done is illegally trespassed on private property without a warrant and robbed people of their property rights. He should be arrested, found guilty and thrown in prison.


27 posted on 05/26/2005 5:39:51 AM PDT by sergeantdave (Marxism has not only failed to promote human freedom, it has failed to produce food)
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To: JerseyHighlander
All your examples are valid except,"Individuals have no 'fundamental' constitutional right to consume alcohol," the judge wrote.

See Amendment XXI of the Constitution.

28 posted on 05/26/2005 5:44:34 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: LibFreeOrDie

His statement is mere sophistry. What he means to say is "Individuals have no constitutional right to own private property".


29 posted on 05/26/2005 5:48:47 AM PDT by MortMan (Mostly Harmless)
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To: Crackingham
A judge tossed out a lawsuit brought by a 115-year-old private club that sought to strike down no-smoking laws so it could continue to honor its members

New York Judges exist for one reason: To rubberstamp everything the politicians want. (The NY judicial nomination process is cockeyed)

30 posted on 05/26/2005 5:57:15 AM PDT by lowbridge
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To: lowbridge

PS: Yeah, yeah...I know..its a US district judge


31 posted on 05/26/2005 5:58:47 AM PDT by lowbridge
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To: metesky
Ah! That figures. But Klintoon sure loves his damn cigars!


32 posted on 05/26/2005 6:20:10 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: RandallFlagg

(Excerpted from an email I just received:)

And that is where liberal interpretation is a major problem in this country.  The statement by the judge should have been, “There is nothing in the constitution to remove the fundamental right to smoke tobacco.”

Please, please, please, read our Bill of Rights.  This document is our guarantee by our founders that our fundamental rights, those that we are born with, will be honored.  It was written to protect us from runaway government and was placed in our constitution as amendments to an otherwise almost perfect document.

Amendment IX reads:  “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage other retained by the people.”

Translation:  By numbering the Bill of Rights we are not limiting your rights to only those.  You cannot be denied your rights simply because we didn’t include them.  We have laid out certain, recognizable fundamental rights that we understand in this day and time to be inalienable.  But being fallible humans we also understand that we can’t cover everything, especially your rights in issues that should arise in the future.  So we are giving you this rule so that when you are told that you have no right to (pick something), you can say, “I don’t NOT have a right to (whatever it is).

If we were a bicycle group we’d all own bikes.  If we were a pocket knife groups we’d all own pocket knives.  We are a rights group and we should all own constitutions.  I carry a pocket constitution almost always, assuming my pockets aren’t stuffed that day with the eyeballs of Nazis.  It is essential that we all know our rights or at least be able to lay our hands on them.  I can’t tell you the number of times that I’ve heard people going off about “my right this and my right that” and I’ve reached into my pocket and said, “Let’s see.”  The looks that one gets because he is a citizen who not only tries to understand our rights but makes an effort to live by those rights and enlighten others, is, well, unexplainable.  One of our biggest downfalls in this country is not demanding that our rights are honored and there is no way that we can make that demand when we do not know what those rights are. 

Here is a link to order your pocket constitutions:   http://www.nccs.net/us_constitution.html

 

33 posted on 05/26/2005 6:24:38 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion
And neither Clinton nor Espy were ever prosecuted for the illegal possession of outlawed Cuban cigars.

Our elected betters...

34 posted on 05/26/2005 6:28:20 AM PDT by metesky ("Brethren, leave us go amongst them." Rev. Capt. Samuel Johnston Clayton - Ward Bond- The Searchers)
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To: metesky
And neither Clinton nor Espy were ever prosecuted for the illegal possession of outlawed Cuban cigars.

Our elected betters...

Exactly. Same old chit.  What's good for me is not good for you.

It depends on what side of the aisle we sit when it comes to power and money.


35 posted on 05/26/2005 6:29:55 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: LibFreeOrDie

What, no penumbras, no emanations?


36 posted on 05/26/2005 6:35:19 AM PDT by Inwoodian
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To: Crackingham
"Individuals have no 'fundamental' constitutional right to smoke tobacco," the judge wrote.

And the judge has no fundamental understanding of the constitution, much less rights.

This is past sad.

37 posted on 05/26/2005 8:24:02 AM PDT by Protagoras (The goal is power, the tool is deceit.)
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To: Protagoras

Setting aside the issue of wheteher one has the right to smoke or not for a moment - what about the "rights" of a PRIVATE club on private property?

I agree with your conclusion regarding said judge.


38 posted on 05/26/2005 8:27:28 AM PDT by Gabz (My give-a-damn is busted.)
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To: Doe Eyes
I don't think that's in the Constitution.

While that's correct, it doesn't change the fact that they are among the rights enumerated by the founders. Not granted, enumerated.

I post this for clarity, not because you don't know it, I'm sure you do.

39 posted on 05/26/2005 8:27:52 AM PDT by Protagoras (The goal is power, the tool is deceit.)
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To: Gabz
The rights you describe exist, but never-the-less, are violated often by thugs like the judge in question.

PS, I hope you are feeling better today.

40 posted on 05/26/2005 8:30:33 AM PDT by Protagoras (The goal is power, the tool is deceit.)
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