Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 441-446 next last
To: Dan from Michigan
hahahahaa you don't know how right you are... a hibatchi on the patio is against the law in most states... too close to the structure.
61 posted on 03/11/2003 8:06:57 AM PST by HamiltonJay
[ Post Reply | Private Reply | To 52 | View Replies]

To: CheneyChick
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.

When I lived in an apartment in NYC, the guy below me, and others, would virtually fumigate my apartment all summer with the patio grill. This went on for years and I never said a word about it. Everyone has to live and that's just part of apartment living.

62 posted on 03/11/2003 8:07:16 AM PST by decimon
[ Post Reply | Private Reply | To 25 | View Replies]

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."

Hence landlords will now definitely want to rent to those people who they suspect are smokers! A cash cow! Government logic at work, folks!

63 posted on 03/11/2003 8:08:13 AM PST by Fraulein
[ Post Reply | Private Reply | To 60 | View Replies]

To: HamiltonJay
When you actually go out and run a business get back to me

Get over yourself, I have owned and operated a sucessful business since 1980.

64 posted on 03/11/2003 8:10:04 AM PST by Protagoras
[ Post Reply | Private Reply | To 58 | View Replies]

To: HamiltonJay
You embrace the government regulators on almost every level. Like your name sake Hamilton.

I'm sure you support OSHA and all the rest of the nonsense.

Another "conservative" heard from.

65 posted on 03/11/2003 8:14:21 AM PST by Protagoras
[ Post Reply | Private Reply | To 58 | View Replies]

To: HamiltonJay
I said I don't agree with this law,

So far your only objection is that it is unenforceable.

66 posted on 03/11/2003 8:15:48 AM PST by Protagoras
[ Post Reply | Private Reply | To 60 | View Replies]

To: Protagoras
Then you know very well then, if you have operated a business for 20 years, that you operate that business within the legal framework set forth. Your leap of logic that legal regulatory frameworks for business equate defacto to Fascism is nonsense.
67 posted on 03/11/2003 8:16:20 AM PST by HamiltonJay
[ Post Reply | Private Reply | To 64 | View Replies]

To: HamiltonJay
Extension cords on the ground is illegal, so are empty beverege cans ANYWHERE... - I don't know if you remember my rant last year that I posted about the building cop govt inspections in "Least Lansing".

And that's a big reason I'm getting outta here in August and getting out of this snobbish communist town with a snobbish communist city council. I don't even vote here(I vote at my other address). I'm going back full time to Livingston County where things are more reasonable.

68 posted on 03/11/2003 8:17:06 AM PST by Dan from Michigan (Every man dies. Not every man really lives.)
[ Post Reply | Private Reply | To 61 | View Replies]

To: chance33_98
Let me guess...
This wil be called..... Ta daaaaah!

The Neurotic Neighbor Protection Act?

No?
But no one, but no one is able to demonstrate scientifically, that the odor of smoking is harmful to anyone at any time and at any age.
Any potentially harmful products in environmental smoke is dissipated beyond any possible demonstration of harm to any neighbor.

Of course if morons and sickos (OK ok, mentally or psychiatrically challenged) are allowed to promote or write laws, the absurd end of the process is bound to be explosive.
So far as I know (Thank God), no society in recorded history has ever survived when run by the dimmest among them.

69 posted on 03/11/2003 8:18:20 AM PST by Publius6961 (p>)
[ Post Reply | Private Reply | To 1 | View Replies]

To: HamiltonJay
Then you know very well then, if you have operated a business for 20 years, that you operate that business within the legal framework set forth.

At gunpoint only. I am in one of the most heavily regulated businesses in the country. I comply only enough to stay in business.

They have the guns.

70 posted on 03/11/2003 8:20:13 AM PST by Protagoras
[ Post Reply | Private Reply | To 67 | View Replies]

To: RMDupree
Has your friend ever tried the crazy idea of going downstairs, knocking on thier door and trying to reach a compromise WITHOUT government intervention?

Yes. Many times.

I smoke and am VERY courteous of nonsmokers.

Not everyone thinks like you. And that was precisely my point: there was a lack of common courtesy and the person refuses to show any consideration.

71 posted on 03/11/2003 8:20:42 AM PST by CheneyChick (Lock & Load)
[ Post Reply | Private Reply | To 56 | View Replies]

To: Protagoras
Ah, yes... that's it. Because I won't go along with your indefensible notion that all business regulation is facism I must be a liberal wacko.
72 posted on 03/11/2003 8:21:51 AM PST by HamiltonJay
[ Post Reply | Private Reply | To 65 | View Replies]

To: HamiltonJay
that legal regulatory frameworks for business equate defacto to Fascism is nonsense.

Strawman. There are degrees, and I explained it. When it crosses over the line, it is fascism. Depite your embracing of it.

73 posted on 03/11/2003 8:22:34 AM PST by Protagoras
[ Post Reply | Private Reply | To 67 | View Replies]

To: decimon
When I lived in an apartment in NYC, the guy below me, and others, would virtually fumigate my apartment all summer with the patio grill. This went on for years and I never said a word about it. Everyone has to live and that's just part of apartment living.

At least you knew Summer was coming to an end. We keep windows open year round here.

74 posted on 03/11/2003 8:23:08 AM PST by CheneyChick (Lock & Load)
[ Post Reply | Private Reply | To 62 | View Replies]

To: HamiltonJay
Because I won't go along with your indefensible notion that all business regulation is facism

Strawman, again.

I must be a liberal wacko.

Now you call yourself names and attribute to me. The ultimate strawman.

75 posted on 03/11/2003 8:24:07 AM PST by Protagoras
[ Post Reply | Private Reply | To 72 | View Replies]

To: Protagoras
Ah yes, and its "your" subjective line about only whey "you" can see a direct "right" violation that its ok... Thank God you're here to tell the rest of us exactly what is and what is not acceptable.

As I stated by your argument, safety requirements would be Facist... because after there is no inate RIGHT to a safe work environment, and after all don't employees have the RIGHT to choose to take unsafe risks by working in unsafe plants, etc. By your definition thats facism, which is not reality, regulatory frameworks are not Facism. Banking industry is highly regulated, how many dead assets and non performings a bank can have and still loan money etc, those regulations don't protect directly anyones "rights", so to you that means their facism.. of course I doubt anyone looking at the US banking industry would even begin to propose the notion its a government run facist industry. Your definition of what is or is not facist in business regulation doesn't even pass the most simple of smell tests. You may wish the world worked the way you believe it should, but it doesn't. Regulatory frameworks are hardly defacto facism, and your interpretation pretty much makes nearly all rules and regulations defacto facism... it doesn't hold water.

76 posted on 03/11/2003 8:30:03 AM PST by HamiltonJay
[ Post Reply | Private Reply | To 73 | View Replies]

To: CheneyChick
It is so unfair that all smokers are being painted with a broad brush because the actions of the selfish minority of smokers.

In the meantime, tell your friend to place a fan blowing outwards by where the smoke is entering. That should provide enough of a breeze to keep the smell out. :)

Either that or start watering the plants on her balcony whenever the rude ones come out to smoke. hehehe.

77 posted on 03/11/2003 8:30:05 AM PST by RMDupree (HHD:)
[ Post Reply | Private Reply | To 71 | View Replies]

To: Protagoras
And you should not need government permission to go into business.

Where is this perfect world you live in? Even the "conservative" mantra is limited government, it's anarchist who want no government.

But It always feels good to chide for following laws you don't like and to think you know what should or shouldn't be good for everyone else (hey that's what bureaucrats do too) and then solve problems in your own mind....albeit with no results.

78 posted on 03/11/2003 8:32:51 AM PST by lewislynn
[ Post Reply | Private Reply | To 49 | View Replies]

To: HamiltonJay
More embracing of OSHA. Nixon would be proud of you.

BTW, no matter how often you make things up and pretend I said them, it isn't true.

79 posted on 03/11/2003 8:34:02 AM PST by Protagoras
[ Post Reply | Private Reply | To 76 | View Replies]

To: lewislynn
Even the "conservative" mantra is limited government, it's anarchist who want no government.

You must be taking strawman lessons from the other control freak.

80 posted on 03/11/2003 8:35:40 AM PST by Protagoras
[ Post Reply | Private Reply | To 78 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 41-6061-8081-100 ... 441-446 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson