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Bill Would Limit Smoking by Apartment Dwellers - & allows law suits if your smoke drifts
kxtv ^

Posted on 03/11/2003 4:42:21 AM PST by chance33_98



Bill Would Limit Smoking by Apartment Dwellers

California smokers may soon have one less place to light up. A new law would make it difficult for apartment dwellers to smoke at home.

Assembly Bill 210 would make it illegal to smoke in any in any common area of a multifamily dwelling, including outdoors. It would also forbid use of tobacco products in any apartment not specifically designated a smoking unit.

If it becomes law, AB 210 would allow residents, landlords or homeowner's associations to sue tenants who allow second-hand smoke to drift beyond their apartments.

The bill's author says that the legislation is necessary because drifting smoke can be both a nuisance and a health hazard. "You can sue someone to force them to turn off their stereo at 2 a.m., but you can't sue someone to force them not to smoke, even though it comes into your apartment," said Assemblyman Joe Nation, D-San Rafael. "There's something wrong with that."

Critics say it's not the government's job to tell people where they can smoke, and call the measure a violation of their rights.

The bill comes up for committee hearings later this spring. Assembly Bill 210 can be read in its entirety by clicking on the link below.

Full Text of Assembly Bill 210


TOPICS: Front Page News; Government; News/Current Events; US: California
KEYWORDS: pufflist
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1 posted on 03/11/2003 4:42:21 AM PST by chance33_98
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To: mhking
The bill's author says that the legislation is necessary because drifting smoke can be both a nuisance and a health hazard. "You can sue someone to force them to turn off their stereo at 2 a.m., but you can't sue someone to force them not to smoke, even though it comes into your apartment," said Assemblyman Joe Nation, D-San Rafael. "There's something wrong with that."

Ping

2 posted on 03/11/2003 4:42:52 AM PST by chance33_98 (God gave man freedom, government took it away)
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To: *puff_list; SheLion
Ping!
3 posted on 03/11/2003 4:46:28 AM PST by Fraulein
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To: chance33_98
Perhaps the U.S. should sue the Cal. Assembly for over production of Green House Gasses..........(mostly methane)
The LEFT coast is getting more and more dingy daily!!
4 posted on 03/11/2003 4:47:06 AM PST by Bodacious
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To: chance33_98
     Assembly Bill 210 would make it illegal to smoke in any in any common area of a multifamily dwelling, including outdoors. It would also forbid use of tobacco products in any apartment not specifically designated a smoking unit.

Beyond bull$hit.    Think about this for a minute... who typically resides in apartments?  The Powers that Be are coming down awfully hard on the less affluent; penalizing them for not yet achieving the American dream.  The bullying legislators are absolutely out of control and must be stopped.

Chance, your tagline is ABSOLUTELY CORRECT.

5 posted on 03/11/2003 4:54:46 AM PST by GirlShortstop
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To: chance33_98
"Critics say it's not the government's job to tell people where they can smoke, and call the measure a violation of their rights."

It's also not their right to tell people if they have to buckle up or not; or own guns or not; or pray in public schools or not; or speak the word of God without fear or not; or talk on a cellphone in their car or not; or protest in front of an abortion clinic or not; or buy car insurance or not; or ask their representives in congress to appoint conservative judges who do not change the constitution or not. Yet the liberal left continues to violate and legislate our God given rights away every day; one right at a time and some people in the left wing have not noticed how they are deceived day by day.
To all those who love liberty; vote conservative republican before the boot heel of left wing liberalism destroys all our freedoms.
6 posted on 03/11/2003 4:55:59 AM PST by wgeorge2001 (One God, one faith, one baptism. The Father,Son and Holy Spirit!)
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To: chance33_98
It is hard to believe we once took pride in how free America was.
7 posted on 03/11/2003 5:02:19 AM PST by NetValue
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To: chance33_98
"You can sue someone to force them to turn off their stereo at 2 a.m., but you can't sue someone to force them not to smoke, even though it comes into your apartment," said Assemblyman Joe Nation, D-San Rafael. "There's something wrong with that."

Heaven forbid there's something that you can't be sued for.

8 posted on 03/11/2003 5:03:54 AM PST by Fraulein
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To: chance33_98
Since CA seems to be the source of much of what the leftists advance and we abhor...perhaps we should pray for that predicted earthquake that will make nice beaches in Western AZ :)
9 posted on 03/11/2003 5:05:52 AM PST by borisbob69
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To: chance33_98
Maybe cigarette smokers will have to learn the ol' pot smoker trick of stuffing a wet towel under the door.
10 posted on 03/11/2003 5:07:43 AM PST by Wolfie
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To: chance33_98; JohnHuang2; CCWoody; OrthodoxPresbyterian
Maybe we can criminalize everything that bothers anyone else. The only problem then will be who gets to be the jailers.
11 posted on 03/11/2003 5:21:36 AM PST by xzins (Babylon, you have been weighed in the balance and been found wanting!)
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To: chance33_98
AB 210 would allow residents, landlords or homeowner's associations to sue tenants who allow second-hand smoke to drift beyond their apartments.

Sure, take them to court and prove damages, and you can collect. I have no problem with this. Of course, one would be hard pressed to prove any type of damage.........

12 posted on 03/11/2003 5:49:06 AM PST by FreeTally
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To: xzins
OK place garlic in crock pot and set to high ,open windows and go for a weekend trip and see how they like that smell.
13 posted on 03/11/2003 5:49:43 AM PST by Vaduz
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To: chance33_98
"You can sue someone to force them to turn off their stereo at 2 a.m., ......

No you can't, you dolt. You can call the cops and the cops will tell them to turn it off or they will be arrested for violating noise ordinances.

14 posted on 03/11/2003 5:51:23 AM PST by FreeTally
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To: chance33_98
Won't be long before inconsiderate addicts are only allowed to smoke in specially designated fields miles away from any humans. If only they were considerate they would have avoided all this.
15 posted on 03/11/2003 6:00:57 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Vaduz
Garlic.....herb of the gods
16 posted on 03/11/2003 6:02:54 AM PST by xzins (Babylon, you have been weighed in the balance and been found wanting!)
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To: GirlShortstop
what next?
What the heck are they thnking of?
What next, can we do or not do in our apartments?
Watch out for the law that requires you to do things you don/t want to do!
PS who are the ones to report you if you do smoke in your apartment? And who will enforce it. will they go to your house and demand a sniff? that would be interestinng. God help us.
PS I don't even smoke and it scares me. WHATS NEXT GRILLED BURGERS/
I don't want to loose any more rights!!!!
17 posted on 03/11/2003 6:03:30 AM PST by Walnut
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To: GirlShortstop
what next?
What the heck are they thnking of?
What next, can we do or not do in our apartments?
Watch out for the law that requires you to do things you don/t want to do!
PS who are the ones to report you if you do smoke in your apartment? And who will enforce it. will they go to your house and demand a sniff? that would be interestinng. God help us.
PS I don't even smoke and it scares me. WHATS NEXT GRILLED BURGERS/
I don't want to loose any more rights!!!!
I sure agree with you
18 posted on 03/11/2003 6:05:53 AM PST by Walnut
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To: borisbob69
perhaps we should pray for that predicted earthquake that will make nice beaches in Western AZ :)

Perhaps you can pray for some intelligence in making better posts.

Cheers, CC in CA

19 posted on 03/11/2003 6:09:19 AM PST by CheneyChick (Lock & Load)
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To: chance33_98
While I don't agree with the law, as a landlord myself, honestly, I prefer not to rent to smokers just because of the inate damage they do to my property. I've painted and cleand and replaced enough smoke ruined walls and carpets in my day...
20 posted on 03/11/2003 6:09:40 AM PST by HamiltonJay
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To: HamiltonJay
How about people from india, you rent to them?
21 posted on 03/11/2003 6:15:54 AM PST by funkywbr
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To: HamiltonJay
While I don't agree with the law, as a landlord myself, honestly, I prefer not to rent to smokers just because of the inate damage they do to my property

And that's just the point! You should be able to decide whatever you want to do with your property. But government has no right to make those decisions.

22 posted on 03/11/2003 6:17:26 AM PST by TheRightGuy
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To: CheneyChick
Nice comeback.

You obviously missed my smiley face at the close.

23 posted on 03/11/2003 6:18:44 AM PST by borisbob69
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To: All
More on this here. Bill favors smokers' neighbors Assemblyman wants to clear air in apartments, condominiums
24 posted on 03/11/2003 6:21:26 AM PST by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: wgeorge2001
So I guess it is ok that people who choose not to smoke or prefer not to breathe stinky second hand smoke don't have any rights to breathe clean air - not even in their own home?

I have a friend who lives in an upstairs condo with avid smokers downstairs. They sit on their patio and smoke like chimneys and the smoke drifts up into her place. Her condo absolutely stinks. But in this land of "freedom", she has lost her right to breathe clean air..... When common courtesy is lacking and their right to smoke infringes on her right to breathe clean air - I have zero problems with this legislation. Perhaps it will cause some folks to be a little more considerate, whether it be with the volume on their stereo or their drifting smoke.

25 posted on 03/11/2003 6:34:49 AM PST by CheneyChick (Lock & Load)
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To: VRWC_minion
If only they were considerate they would have avoided all this

Just how is it inconsiderate to smoke in your own home if the landlord has no problem with it?

26 posted on 03/11/2003 6:35:53 AM PST by muggs
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To: TheRightGuy
And that's just the point! You should be able to decide whatever you want to do with your property. But government has no right to make those decisions.

As another landlord, I could not agree more with you.

27 posted on 03/11/2003 6:39:26 AM PST by muggs
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To: borisbob69
You obviously missed my smiley face at the close.

No I didn't.

I obviously didn't find it funny. CA is always the butt of jokes around here - and much of it is deserved, due to our idiot governor and the crazy libs that surround us. However, CA is a wonderful place to live in many ways and there are lots of us who are conservatives and we do love our State. After all, FR's home is in CA....

28 posted on 03/11/2003 6:47:58 AM PST by CheneyChick (Lock & Load)
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ...
And that is part of why I'm in the midst of buying a house. (among other things)

"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

29 posted on 03/11/2003 6:51:36 AM PST by mhking (Don't pull on Superman's cape...)
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To: CheneyChick
Point(s) noted...for future reference.
30 posted on 03/11/2003 6:51:59 AM PST by borisbob69
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To: TheRightGuy
And that's just the point! You should be able to decide whatever you want to do with your property. But government has no right to make those decisions.

You've obviously never landlorded.. just like all business, the governments at all levels tell us what we can and cannot do with our property. Being in business means you have to follow laws, its part of the game. I don't agree with all the rules, but they are part of doing business.

31 posted on 03/11/2003 6:55:33 AM PST by HamiltonJay
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To: NetValue
If this thread is like most smoking threads, hoards of "conservatives" will soon show up in support of this.
32 posted on 03/11/2003 7:00:08 AM PST by Protagoras
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To: xzins; Illbay; RnMomof7; CARepubGal; Wrigley; Jean Chauvin; drstevej
Oh, look, more people for Illbay to issue death threats against.

Hey, Illbay, I don't think you have declared a mob against these smokers yet. Remember, early bird gets the worm.
33 posted on 03/11/2003 7:00:33 AM PST by CCWoody
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To: xzins
Maybe we can criminalize everything that bothers anyone else. The only problem then will be who gets to be the jailers.

"What is ominous, is the ease with which some people go from stating that they don't like something, to saying that the government should forbid it. When you go down that road, don't expect freedom to survive very long."

Thomas Sowell

34 posted on 03/11/2003 7:05:15 AM PST by Protagoras
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To: HamiltonJay
You've obviously never landlorded..

Incorrect. I was resident manager of a 35-unit apartment complex for 2 years.

just like all business, the governments at all levels tell us what we can and cannot do with our property

Correct. They absolutely do, but that does not mean they necessarily should (or have the right to).

35 posted on 03/11/2003 7:05:33 AM PST by TheRightGuy
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To: HamiltonJay
Being in business means you have to follow laws, its part of the game.

Fascism. Private ownership but government control of property.

36 posted on 03/11/2003 7:07:29 AM PST by Protagoras
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To: muggs
But government has no right

Governments don't have rights. People have rights. Governments have power.

37 posted on 03/11/2003 7:09:19 AM PST by Protagoras
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To: TheRightGuy
Good to know, you still in the Property Management game?

On should government be able to tell property managers/owners what/how they can do things on their property... I believe that when you enter the business arena that things are quite a different beast... Does that mean I agree with every rule/law passed? Absolutely not.

Unfortunately all it takes is a few jerk landlords and what should be done just because it is the right thing to do, becomes a regulation with penalties and enforcement.

On this particular law, its unenforcable whooey... but its California, so who the hell cares? Anyone still living in that state knows that their government is wacked and that they have no rights there anyway... The hippies and their offspring drove Cali into the gutter long ago... they have the government they deserve.


38 posted on 03/11/2003 7:17:49 AM PST by HamiltonJay
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To: Protagoras
Great quote!
39 posted on 03/11/2003 7:19:47 AM PST by xzins (Babylon, you have been weighed in the balance and been found wanting!)
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To: Protagoras
Fascism. Private ownership but government control of property.

Regulations regarding rental properties hardly falls into government control of the property... I don't agree with this stupid law, but it is hardly Fascism. Pulling out words like that just for rhetorical effect cheapens the argument.

40 posted on 03/11/2003 7:19:53 AM PST by HamiltonJay
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To: xzins
Great quote!

Thanks, I wish I'd said it.

Hell, in fact I did say it, hundreds of times to hundreds of people, just not as well as Sowell.

41 posted on 03/11/2003 7:28:33 AM PST by Protagoras
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To: VRWC_minion
I give up, really. This debate has long ago left the realm of reality. Concentrated SHS *MAY* be a health issue. The tiniest waft or smell of it is NOT. An unpleasant odor will not affect your health. Nonetheless, selfish health control-freaks like you do seem to predominate, or at least you have the loudest voices. I say have the guts to ban the things outright, forgo the tax revenues, and let the chips fall where they may.
42 posted on 03/11/2003 7:30:20 AM PST by -YYZ-
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To: HamiltonJay
Regulations regarding rental properties hardly falls into government control of the property.

What does it fall under?

I don't agree with this stupid law,

That's comforting, but many so called "conservatives" here do.

but it is hardly Fascism.

It's one definition. If you don't like it I can't help that.

Pulling out words like that just for rhetorical effect cheapens the argument.

Funny, I thought you cheapened the argument by implying that people have some moral obligation to follow these tyrannical laws. The only reason to follow them is out of fear.

43 posted on 03/11/2003 7:32:55 AM PST by Protagoras
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To: chance33_98
Excellent. I hope it passes.
44 posted on 03/11/2003 7:33:11 AM PST by Illbay (Don't believe every tagline you read - including this one)
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To: VRWC_minion
It didn't take long for the faux conservatives to show up and support the violation of property rights.
45 posted on 03/11/2003 7:34:53 AM PST by Protagoras
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To: Illbay
Excellent. I hope it passes.

You are nothing if not consistent. For government control on every issue at all times and in all situations.

46 posted on 03/11/2003 7:36:48 AM PST by Protagoras
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To: HamiltonJay
On this particular law, its unenforcable whooey

Sounds like your only objection. Any others?

47 posted on 03/11/2003 7:38:36 AM PST by Protagoras
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To: Protagoras
Regulation on how I have to operate my business does not equate to government control of that business or property. By that definition all business law is fascism, which is nonsense.

Businesses have to operate within the legal framework, its part of the game, you wish to go into business you have to follow the laws.

48 posted on 03/11/2003 7:38:42 AM PST by HamiltonJay
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To: HamiltonJay
Regulation on how I have to operate my business does not equate to government control of that business or property.

Really? What is it then? You HAVE to do things they tell you to do. That is not CONTROL? Absurd conclusion.

By that definition all business law is fascism, which is nonsense.

Nonsense. But nice try. Laws which defend the rights of people against violation by others are not fascist in nature. Those that tell you what non rights violating behavior you can allow on your private property is fascist in nature.

Businesses have to operate within the legal framework, its part of the game, you wish to go into business you have to follow the laws.

It's not a "game". And you should not need government permission to go into business.

49 posted on 03/11/2003 7:44:50 AM PST by Protagoras
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To: VRWC_minion
If only they were considerate they would have avoided all this.

Smokers were for the most part considerate, until people like you emerged.

50 posted on 03/11/2003 7:45:27 AM PST by Great Dane
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