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To: nathanbedford
>>Peggy is wrong: Their right to smoke ends at my nostrils.

I agree. I can't believe it took forty posts before someone brought this up. I hate going to a bar/club (which, being stodgy fuddie-duddies, we rarely do) and coming home and smelling smoke in my clothes. Why should someone be allowed to do this to me? Is it OK if I pee on your leg? OK, so in the minds of many posting above, gas-phase nasties are OK to inflict on others, but liquid-phase nasties are not?

That said, I am very much against government prohibiting private businesses from allowing smoking on their premesis.
46 posted on 11/15/2002 2:06:19 AM PST by FreedomPoster
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To: FreedomPoster
http://www.freerepublic.com/focus/news/789457/posts?page=28

Just look at how I was jumped on because I dared state my opinion on smoking and Peggy's article.
48 posted on 11/15/2002 4:07:28 AM PST by Skywalk
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To: FreedomPoster
That said, I am very much against government prohibiting private businesses from allowing smoking on their premesis.

I am ambivalent about this but, on balance, come down on the side of the government having the constitutional right to protect non-offending, non-smokers from those who are indifferent to the discomfort their behavior causes others. This applies only to state governments of course. You would have no problem with a state law whidh prohibits peeing down your leg, or against a factory which emits noxious fumes or effluviants, or which prohibits noisemakers at operas.

This is not to say that a state government always has a duty to exercise its constitutional prerogatives to protect its citizens from behavior which is merely obnoxious or offensive. I believe that most of these anti smoking ordinances have been justified because they protect non smokers from the health hazards of second hand smoke. This brings most of them within the constitutionally permissable area of public welfare. I know a new study just out perports to debunk this notion, but a legislature or city council is not required to believe every new study.

Problems arise when the government seeks to regulate smoking outdoors where health hazzards to others are clearly remote as in such places as football stadiums or courtyards. How can this be constitutionally permissable? In Singapore it is illegal to chew gum on the street because you might litter the wrapper. Would this justification pass constitutional muster in America? I think not, but there is no guarantee if Hillary ever gets to appoint more Justices like Ginsberg. Could the Mallibu city council pass an ordinance prohibiting smoking anywhere (including in your own private home) because it wants to protect the smoker himself? It can regulate liquor if authorized by the state, why not smoking? At some point a social policy which can be justified because it allegedly advances some permissable police or general welfare goal becomes unconstitutional because it too remote or encroaches on some other value like the right to be left alone, or to speak freely, or to associate freely with (only)those whom you chose.

But I do think that among the electorate there is a growing and alarming tendency to ignore whether a matter is constitutionally permissable and to consider only whether it is viscerally desirable. At this point, everything becomes a public relations game.

58 posted on 11/15/2002 8:12:07 AM PST by nathanbedford
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To: FreedomPoster
Your nose does not have any particular rights...... get over it.
61 posted on 11/15/2002 9:43:16 AM PST by Great Dane
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To: FreedomPoster; nathanbedford
Our daughter is getting married soon, and I'm happy that all the facilities are non-smoking. A few years ago when our daughter was a bridesmaid, my mother had to leave early because every single person at our table was smoking. I know I'm out of step with just about everbody on this thread, but I'm glad we don't have to put up with this at our daughter's wedding.
69 posted on 11/16/2002 4:28:38 AM PST by Dr. Scarpetta
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