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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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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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