Author Topic: Is this Constitutionally allowable?  (Read 1285 times)

Offline JB73

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Is this Constitutionally allowable?
« on: October 10, 2007, 01:09:29 PM »
http://www.foxnews.com/story/0,2933,300658,00.html

Quote


BELMONT, Calif. —  Officials in Belmont have given final approval to a new smoking ban that is considered to be one of the toughest in the nation.

After a late push to ease some of the restrictions, the Belmont City Council voted Tuesday to pass the anti-smoking ordinance.

Prohibitions on smoking in parks and other public places will take effect in 30 days. The ordinance's most hotly contested elements — which ban smoking inside apartments and condominiums — won't be enforced for another 14 months.

Officials say the ordinance was written so that smokers will only face enforcement if their neighbors complain.

People will still be able to smoke on Belmont's streets and sidewalks as long as they are not loitering near the entrance to homes or businesses and in parking lots and designated smoking areas.



Can they truly dictate what you can and can not do in your own freaking home?!?!?!?!?!??!?!?!?!


I hope california drops into the ocean real soon. freaking insane people there.
I don't know what to put here yet.

Offline JBA

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Is this Constitutionally allowable?
« Reply #1 on: October 10, 2007, 01:18:36 PM »
Just wait to see what they try if Hillary is elected and we get universal health care,  

i.e.
you want that chemo treatment, OK first quit smoking.

How about that hip replacement, fine stop playing tennis.
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Offline cav58d

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Is this Constitutionally allowable?
« Reply #2 on: October 10, 2007, 01:18:48 PM »
What a load of crap...It doesn't mention anything about traditional homes though...Are they included?  If not, why just apartments and condo's?  Are they using because of the proximity of other tenants, and sharing of systems (water, air etc...)
<S> Lyme

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Offline Neubob

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Re: Is this Constitutionally allowable?
« Reply #3 on: October 10, 2007, 01:21:10 PM »
Quote
Originally posted by JB73
Can they truly dictate what you can and can not do in your own freaking home?!?!?!?!?!??!?!?!?!


I hope california drops into the ocean real soon. freaking insane people there.


They can if they can show that what you're doing in your home prevents others from enjoying their own homes. If they can prove that you're endangering somebody, then the case is that much stronger.

That's the way the law would treat it, on a very basic level. Whether or not this is right or fair is another matter altogether.

Personally, I don't see a problem with opening a window.

Offline john9001

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Is this Constitutionally allowable?
« Reply #4 on: October 10, 2007, 01:29:11 PM »
"your own freaking home"

well it's your freaking home until you decide to sell it, then the new buyers say, "this place stinks of cigarettes".  lost sale.

you don't own an apartment, you only rent it.

Offline cav58d

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Is this Constitutionally allowable?
« Reply #5 on: October 10, 2007, 01:31:04 PM »
Quote
Originally posted by john9001
you don't own an apartment, you only rent it.


:rolleyes: :O :noid :eek:
<S> Lyme

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Offline JB73

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Is this Constitutionally allowable?
« Reply #6 on: October 10, 2007, 01:33:18 PM »
Quote
Originally posted by john9001
you don't own an apartment, you only rent it.
but you do OWN a condo which is included with this.

who cares about a "lost sale"? the government doesn't mandate how, when, or why I sell, or who to.








I just can't believe people would let a law like this pass.
I don't know what to put here yet.

Offline Chairboy

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Is this Constitutionally allowable?
« Reply #7 on: October 10, 2007, 01:41:32 PM »
There are anti-sodomy laws on the books that are enforced in some states, that's something you do in your own home.  A big public case from texas from last year is a recent example of this still happening, to fend off the usual "Oh noes it doesn't" or the less explicable "pics or it didn't happen" responses.

A bunch of y'alls seem fine with those laws because they don't affect you.  Funny that.
"When fascism comes to America it will be wrapped in the flag and carrying a cross." - Sinclair Lewis

Offline Speed55

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Is this Constitutionally allowable?
« Reply #8 on: October 10, 2007, 01:43:20 PM »
"The ordinance's most hotly contested elements — which ban smoking inside apartments and condominiums — won't be enforced for another 14 months.

Officials say the ordinance was written so that smokers will only face enforcement if their neighbors complain."

So what happens if they complain?  
Do the cops come to your door and arrest you, or write you a ticket for smoking inside your own apartment or condo?

Commifornia is a joke.  After this i'm sure the wierdo yuppy areas of Borodayork  will try and follow there lead.
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Offline john9001

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Is this Constitutionally allowable?
« Reply #9 on: October 10, 2007, 01:43:43 PM »
i don't think they need a law like that, the owners of the home or apartment should decide that. I said apartment owners not renters.

no one smokes in my car or house, if you need to smoke , you are free to go outside to do it.
« Last Edit: October 10, 2007, 01:45:49 PM by john9001 »

Offline midnight Target

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Is this Constitutionally allowable?
« Reply #10 on: October 10, 2007, 02:17:15 PM »
No different than a noise ordinance. You can't crank up your sub woofers in an apartment unless you want to get a fine.

Offline lazs2

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Is this Constitutionally allowable?
« Reply #11 on: October 10, 2007, 02:22:17 PM »
Y'all buckle up now ya heah?

lazs

Offline AWMac

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Is this Constitutionally allowable?
« Reply #12 on: October 10, 2007, 02:35:44 PM »
Neighbour: "Hello 911....?"

911 Dispatch: "Hello what is the nature of your call?"

Neighbour: "I just witnessed a crime in progress."

911 Dispatch: "A crime in progress?"

Neighbour: "Yes, the people next door arrived late tonight with a carton of cigarettes, Marlboro Lights I think... and he has a Lighter too. They both been known to smoke."

911 Dispatch: "Good GAWD are you sure? Did you actually witness a lighter?"

Neighbour: *trembling voice* "Yes...." *whispering...* "Please save me....I'm under the bed... when I place a glass against the wall I can hear them....talking...."

911 Dispatch: "Please stay on the line... I've dispatched Local Officers, SWAT, CIA, FBI and Homeland Security Officials."  "Please stay on the line and under your bed."

Neighbour:  *whineful mumbling* "Okay, please hurry...hurry please..." *sobbing in the background*



It will get more stupid as the Libruls move on.
Film at 11:00.

Mac

Offline kamilyun

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Is this Constitutionally allowable?
« Reply #13 on: October 10, 2007, 02:36:16 PM »
I don't smoke, I don't really care if you smoke.  Your body, your rules.  The law seems silly except as MT pointed out, it's kind of like a noise ordinance.  Can you prove that noise causes detrimental effects to your health?  I guess I should worry about it, the same way I worry about my gun rights, but California seems to be doing okay no matter what laws they pass.

Can't argue with a state which has a top 10 economy on the world stage.  Capitisocialism at it's finest.

God will one day unleash his wrath on all us Godlesshomocommietreehuggers in the form an earthquake.  Just ask laz...his heathen butt has probably been through a few of them.  :D

Offline lazs2

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Is this Constitutionally allowable?
« Reply #14 on: October 10, 2007, 02:43:03 PM »
kalifornia will always do well.. no matter how badly they run it... people want to be in the good weather.   crops grow good no matter what the politics..  

hollyweird can make movies... hippies can make computer crap and not blow their own brains out after 7 months of never seeing the sun like in seattle.

some of the economic and business stuff is left over from more conservative days in kalifornia tho..  back before we were number 10 and were like number 8 in economy.



lazs