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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: Centurion2000
Of course that's what she show do, be banished inside her home, not enjoy being outside, because some ignorant a@@ won't allow her too. Run for President, your talents are wasted here.
381 posted on 03/14/2003 1:56:02 PM PST by JesusSaves
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To: HamiltonJay
Hardly, you aren't going to get SHOT by a government agent for discriminating in your leasing behaviors... you aren't going to go to be shot for violating the Germaine act, or for violating OSHA regulations. You may face penalties, including jail time but that's not "Deadly force".

I hate to break it to you but resisting arrest will automatically bump up the policeman's response to 'force' fight back effectively and he will bump it to 'deadly force' in a heartbeat.

Refusal to submit to government arrest will eventually result in a death sentence if you continue to resist submission to said government.

382 posted on 03/14/2003 1:57:36 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: Just another Joe
"Whatever". That's all you got, again? Come on really let it out. You're gonna hurt yourself.......
383 posted on 03/14/2003 1:59:31 PM PST by JesusSaves
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To: CheneyChick
If the neighbor would simply show some respect while exercizing their right to smoke, she could have her right to breathe clean air

Not to be combattive here but can you point out where this is in the Constitution ??

Also, I'd make one small recommendation to your friend in the condo. Buy a Honeywell HEPA filtration system for the air in her house (gets rid of smoke and a lot of other items). I have one and smoke indoors (rarely), you cannot tell that I'm a smoker from my home. If they can afford a 350K apartment, they can afford a 170 dollar filter for peace of mind.

384 posted on 03/14/2003 2:03:32 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: JesusSaves
And again, whatever.
If you want to debate, fine. If you want to bait, forget it.
385 posted on 03/14/2003 2:07:30 PM PST by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Trace21230
I imagine they must never break wind or eat garlic, for that would surely put them into a coma!!

I especially hate it when they do the former after doing the latter.
386 posted on 03/14/2003 2:17:34 PM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: Great Dane; HamiltonJay
I will say this, though: flicking butts out your car window is nasty and ill-bred. Every car manufactured since I was born comes with an ashtray.
387 posted on 03/14/2003 2:19:50 PM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: CheneyChick
"No smoking building" - do they make those?

Here in Houston, they do. Only one downtown building allows smoking inside, and it has both a permit from the city and a special ventilation system. Beyond that, ya gotta take it outside - preferably a bit away from the door, so I don't have to walk through the cloud.
388 posted on 03/14/2003 2:21:30 PM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: CARepubGal
I do not smoke but have many friends and coworkers who do. Every one of them is wonderfully polite: No smoking in my car and they make sure they are not sending SHS in the direction of non smokers.

One of my best friends, a smoker, has been coming over to our place for almost seven years, and still puts out his cigarette before he reaches the patio. We've told him that it's all right to smoke in our place - one cigarette won't stink up the place or kill the Dread Boston Salty - but he always takes it outside.

He's quite well-bred.
389 posted on 03/14/2003 2:26:36 PM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: VRWC_minion
If there were not state to create these laws and inforce them you could not own property.

My two 454's would tend to argue against your point.

390 posted on 03/14/2003 2:28:39 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: Protagoras
All Government regulation is okay because it is government regulation that we have to follow. This is what we call "begging the question."
391 posted on 03/14/2003 2:29:36 PM PST by stands2reason
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To: Xenalyte
Every car manufactured since I was born comes with an ashtray.

Not anymore. You almost have to special order an ashtray anymore.

392 posted on 03/14/2003 2:29:53 PM PST by Just another Joe (FReeping can be addictive and helpful to your mental health)
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To: Centurion2000
My two 454's would tend to argue against your point.

Then you are prey to anyone with more fire power or someone who stays awake longer than you.

393 posted on 03/14/2003 2:36:27 PM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Just another Joe
Really? (Shows how alert I am.) Thanks for settin' me straight!
394 posted on 03/14/2003 2:40:02 PM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: JesusSaves
Of course that's what she show do, be banished inside her home, not enjoy being outside, because some ignorant a@@ won't allow her too. Run for President, your talents are wasted here.

... and the horse you rode in under slick ...

You do not have a right to clean air; what's next? Would you support a law 'banning' ragweed and pollen ??? How about a resolution to prevent volcanoes from spewing ash ??

The bottom line is .... if you want to have the air cleaned in your house, buy a HEPA air filer. They also work really well at getting pollen, cooking mistakes, bacteria and other nasties out of your air as well.

Take personal responsibility for cleaning your own mess and things that may wander into it and stop running to the nanny state for help.

Smokers already can't smoke indoors in almost every public venue. Let us smoke outside and in our homes or we will take our nic fits out on nico-nazis.

395 posted on 03/14/2003 2:42:35 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: VRWC_minion
Then you are prey to anyone with more fire power or someone who stays awake longer than you.

Actually considering the fact that there is a police force available to help deter criminals and automated security systems available these days ... you may have a very long wait.

The state does not grant rights, it merely exists to protect them and formalize the social contact.

396 posted on 03/14/2003 2:46:39 PM PST by Centurion2000 (Take charge of your destiny, or someone else will)
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To: Centurion2000
Yo Creep-tourion.

You absolutely have me there, and I thank you have making the issue clear. Of course, "...Take personal responsibility for cleaning your own mess...", completely applies to the women who isn't causing the problem in the first place. Positively she should buy a hepa filter, because inconsiderate smokers make it impossible for her to enjoy her surrounding. I see your logic, the victim should always bear the cost, and burden.

Don't give up a shot at the presidency, you're needed there.
397 posted on 03/14/2003 3:04:18 PM PST by JesusSaves
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To: Just another Joe
Jo Jo.

Your rhetoric is old, and tired. Get back to me when you have some new material.
398 posted on 03/14/2003 3:10:09 PM PST by JesusSaves
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To: Centurion2000
The state does not grant rights, it merely exists to protect them and formalize the social contact.

I have never said the state "grants" rights. I said it creates property from the power given it by the people.

399 posted on 03/14/2003 3:10:54 PM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Centurion2000
Actually considering the fact that there is a police force available to help deter criminals

What would a police force look like without the state ? Would they work for the highest bidder ?

400 posted on 03/14/2003 3:12:26 PM PST by VRWC_minion (Opinions posted on Free Republic are those of the individual posters and most are right)
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