Is this Constitutionally allowable?

[Holden McGroin]

Originally posted by JB73
Can they truly dictate what you can and can not do in your own freaking home?!?!?!?!?!??!?!?!?!

Many are in violation of law if they shoot their pistol in their own home.  I mean to Elvis the TV or something.

[Leslie]

What about the smokers that have to quit cold turkey or be uprooted from their homes?  That kind of stress would make people smoke even more.  

This is not going to get people to stop smoking, but some might think it would be a good time for a tobacco tax...but not really because it would probably backfire and then people would cut down on smoking and then it would cost more to collect the tax than the tax would pay for once the tax collection had begun.  More govt bureaucracy results.

My thoughts:

This argument of renters having less rights than everyone else is bogus.  If anything they have equal rights, and I think basically if they pay their rent it is their domain legally.  It will probably be that all future rental agreements will stipulate no smoking by law, but you can't sign away other people's rights ( ...I'm not sure whether you can sign away your own,)... so if someone smokes in your house and they haven't signed the agreement, they can smoke without breaking any agreements.  If it's the law, then you are not required to be a policeman and enforce it.  That would be the job of the police.

I doubt it will be enforced very much if at all, but it's most likely unconstitutional to start with.  If insurance companies wouldn't insure a rental house without the agreement, that would get the landlord's attention.  But it would be balanced by a business loss assessment if only smokers applied.  Smoking is a legal activity and there would be a discrimination issue which could arise.  There again, the bottom line is money.  This has nothing to do with anyone's rights except trying to remove some from a select group.




Les

[texasmom]

Originally posted by AWMac
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

bwaaaahahahaha! I can see that happening.  How sick.

[JB88]

wouldnt it be nice to have a tradition where an old law has to be kicked away before a new one is made.

[Holden McGroin]

Originally posted by AWMac
Neighbour: "Hello 911....?"

edit>

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."

I think ATF would be responding if the feds are involved.  Then the medicos and the fire department.

[Elfie]

I think basically if they pay their rent it is their domain legally.

That's the way it is here in Colorado.

We rent the lot our mobile home sits on. As long as our rent is paid the park managers can't step foot on our lot unless there is some sort of emergency. If they do, technically they are trespassing. An attorney that specializes in tenant law told us this.

[Xargos]

Thing is though that no American really owns property.  Don't pay your taxes or get accused of being a drug dealer and the government will show you who owns it.

[Yeager2]

Land of the Free...  

I really hope that in the future that American people SMARTEN UP and stop
 allowing their government to rule them and treat them as if they were
 freaking small children that can't make decisions, and pursue happiness the
 way it was intended.

The American people (who in general happen to be quite educated, yet so
 extremely self centered and ignorant to the problems within the country and
 out) should be living FREE as the forefathers have intended.

America has become a joke in regard to the "Freedom" that is always touted.

America has become a damn mess.

I live in China and am an American, yet here in China, there are more
 personal "Freedoms" and abilities to "Just do it" and make something work
 than compared to the utter idiotic right/left/middle/ bullsh1ht political morons
 that all seem to pollute and corrupt the people.

Now don't get me wrong, this place (China) is also HIGHLY inefficient,
 pathetically run, and basically a 4th world country, but YET, it, in it's ever
 chaotic state of no-control and pure idiocy, it is more "Free," peaceful, and
 overall a "nicer" feeling with dealing the the people. (which is of course
 what makes a country after-all.)

Not to take away from the greatness that OUR country has provided to THE
 WORLD, we do have a very nice ability to live COMFORTABLY and MODERN.

However, America and it's people have become LAZY.  Daily occurrence of
 idiocy and who-gives-a-phhuck-stories are spread and fed to you all about
 the most trivial of things.

So sick of it, and am happy to continue being an expat for as long as possible.    

-Yeager2

[Jackal1]

I find it interesting that the most troubling spinoff from idiotic laws such as this has not been mentioned.
Probable cause.
Chip. Chip. Chip.

[Holden McGroin]

In Oregon, it is illegal to use canned corn as bait for fishing.

In Maine, you may not step out of a plane in flight. (bad for skydivers)

[Goth]

Sounds like it's almost time to move to Russia where it's less socialist than America is becoming.

[lazs2]

"wouldnt it be nice to have a tradition where an old law has to be kicked away before a new one is made."

sheesh.. what is the world coming to?  I not only agree with 88 on that but used to say the exact same thing.

The problem is that when you call people "lawmakers" they tend to think their job is ...  to make laws.... lots of em... the more laws they make.. the better they are at their job right?

lazs

[Jackal1]

Some of the laws that are on the books and some of the ones that are trying to be put on the books seem silly and hilarious at first glance, but.......when you think about what they lay the groundwork for, and what can be derived from them, the humor leaves in a hurry.

[AWMac]

Originally posted by Holden McGroin
In Oregon, it is illegal to use canned corn as bait for fishing.

In Maine, you may not step out of a plane in flight. (bad for skydivers)

In Oklahoma you can lead a Texan to water, but you can't make it drink.



Mac

[Airscrew]

http://news.yahoo.com/s/ap/20071011/ap_on_re_us/schwarzenegger_bills;_ylt=AiHP8g2GKBrMZ5D.KOf3F26s0NUE

California motorists will risk fines of up to $100 next year if they are caught smoking in cars with minors, making their state the third to protect children in vehicles from secondhand smoke.

Gov. Arnold Schwarzenegger on Wednesday signed a bill that will make it an infraction to smoke in a vehicle if someone under age 18 is present. But the traffic stop would have to be made for another offense, such as speeding or an illegal turn, before the driver could be cited for smoking.



it gets worse...

And Leslie we have a tobacco tax,  Texas added a $1 to a pack of cigarettes last year, of course they didnt excatly come out and call it a tabacco tax, I think they called a health care tax...