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smoking bans violate private property rights

Posted in the Springfield Forum

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Linda

Dayton, OH

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#1
Dec 21, 2007
 
Only the private property business owner should decide if their property is smoking or nonsmoking. The owners are victims of regulatory taking of private property.

Smoking bans are opening the door to losses of more rights, will your own property fall victim?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..
— Fourth Amendment to the U.S. Constitution

No person shall....be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation�
— Fifth Amendment to the U.S. Constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
— Ninth Amendment to the U.S. Constitution

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law�.
— Fourteenth Amendment to the U.S. Constitution

http://www.usconstitution.net/const.html#Am5
nonsmoker

Urbana, OH

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#2
Dec 24, 2007
 
your points are stupid no one has taken anything from you and the LAW was passed by the people for the people. Smokers obviously dont care enough about it otherwise the law would have never been passed OH wait yeah thats right there are more non-smokers than smokers so the law makes perfect sence stop trying to inflict your bad habbits on to those who dont have them.
Linda

Dayton, OH

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#3
Dec 24, 2007
 
nonsmoker wrote:
your points are stupid no one has taken anything from you and the LAW was passed by the people for the people. Smokers obviously dont care enough about it otherwise the law would have never been passed OH wait yeah thats right there are more non-smokers than smokers so the law makes perfect sence stop trying to inflict your bad habbits on to those who dont have them.
The threat of mob rule (not unlike the term tyranny of the majority) is often invoked -often rhetorically- against a democracy by those who oppose its majoritary decisions, sometimes fearing oppression of the needs or freedoms of minorities if democratic government is not efficiently restrained by protections given to individuals under the rule of law, sometimes concerned that demagogery may manipulate the mob and force popular currents of thought onto minority groups without respect for their or the individual's rights. There are also some who wish to see more power assigned to a certain ruling minority.

A mob, however massive, and regardless of claims to speak for 'the people', may or may not be representative of the (often silent) majority in a large society (which usually practices indirect democracy). It may be composed of a specific segment of the population interested in a specific issue, and drawn from a limited geographical space or it may be a representative popular majority.

http://en.wikipedia.org/wiki/Mob_rule
nonsmoker

Urbana, OH

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#4
Dec 26, 2007
 
regardless of your little paragraph of blah blah blah you live in a country with a standard on how laws are passed and if people dont like the way laws are passed by majority vote then either get the people you think is a silent (ha ha ha) majority to vote for what they believe or get out of the country you obviously abuse and dont care for.
Linda

Dayton, OH

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#5
Dec 28, 2007
 
Can't you see the danger in opening the door to mob rule and socialism? Nobody will be secure in their own property if they don't take a stand against the smoking bans. It will just open the door!

Joined: Sep 1, 2007

Comments: 6849

British Columbia

ISP: Springfield, OH

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#6
Dec 28, 2007
 
Now I can go from place to place without the threat of losing my ability to breathe. I have asthma and it has been difficult at times
RSS

Dayton, OH

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#7
Jan 5, 2008
 
Linda wrote:
Only the private property business owner should decide if their property is smoking or nonsmoking. The owners are victims of regulatory taking of private property.
Smoking bans are opening the door to losses of more rights, will your own property fall victim?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..
— Fourth Amendment to the U.S. Constitution
No person shall....be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation�
— Fifth Amendment to the U.S. Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
— Ninth Amendment to the U.S. Constitution
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law�.
— Fourteenth Amendment to the U.S. Constitution
http://www.usconstitution.net/const.html#Am5
I agree with you that businesses should be allowed to dictate smoking policy. They own the business and unless their landlord wants to prohibit smoking the business owners should decide whether or not they want to allow smoking.

People can decide whether or not to patronize a business. If they don't like smoke, go to a non-smoking business. If they don't like to look at naked bodies, go to a clothed establishment. But, as a quitting smoker, I don't and never have smoked around children, the elderly or any location I think people would be repulsed by my smoking. It's common courtesy.

Smoking bans don't work. In Arizona (where I moved back here from) lots of businesses went out of business and/or declared bankruptcy because of the smoking ban. That's thousands of families that are suffering economic loss because of a ban that should be left up to free enterprise.

What about perfume/cologne? I spent 3 days on a temp job sneezing and congested because of the vile smells coming from people. I was SO glad when that job ended!!!!

People need to be considerate of others and discriminating of the businesses they patronize. That would solve the smoking problem and the smell (cologne/perfume) problem.

Does anyone in this world realize that God gave us brains and we can use them?! Please people, use the intelligence you've been given and the common sense your mother (hopefully) gave you and bring some sanity to this legislative madness that has gripped the country in the past few years.

BTW, I quit on January 2nd. I'm proud of myself. I just can't see paying tobacco companies to kill me when I could do it myself, for free, if I decide I really want to cross over. That's more money for my kids when I finally do kick the bucket.:-)

Joined: Sep 1, 2007

Comments: 6849

British Columbia

ISP: Springfield, OH

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#8
Jan 5, 2008
 
RSS wrote:
<quoted text>
I agree with you that businesses should be allowed to dictate smoking policy. They own the business and unless their landlord wants to prohibit smoking the business owners should decide whether or not they want to allow smoking.
People can decide whether or not to patronize a business. If they don't like smoke, go to a non-smoking business. If they don't like to look at naked bodies, go to a clothed establishment. But, as a quitting smoker, I don't and never have smoked around children, the elderly or any location I think people would be repulsed by my smoking. It's common courtesy.
Smoking bans don't work. In Arizona (where I moved back here from) lots of businesses went out of business and/or declared bankruptcy because of the smoking ban. That's thousands of families that are suffering economic loss because of a ban that should be left up to free enterprise.
What about perfume/cologne? I spent 3 days on a temp job sneezing and congested because of the vile smells coming from people. I was SO glad when that job ended!!!!
People need to be considerate of others and discriminating of the businesses they patronize. That would solve the smoking problem and the smell (cologne/perfume) problem.
Does anyone in this world realize that God gave us brains and we can use them?! Please people, use the intelligence you've been given and the common sense your mother (hopefully) gave you and bring some sanity to this legislative madness that has gripped the country in the past few years.
BTW, I quit on January 2nd. I'm proud of myself. I just can't see paying tobacco companies to kill me when I could do it myself, for free, if I decide I really want to cross over. That's more money for my kids when I finally do kick the bucket.:-)
I agree with the rights of people to smoke. But, people need to be protected. I only say that because of the experience of not being able to draw enough air in to survive. If you have ever been there, you would understand. we now have two children in our homes that have asthma too. Their asthma is much worse than mine. Too watch a child try to suck in enough air to survive is a sobering experience.
We have kept the children in "good" air quality environments to extend their lives. It is a matter of survival. Since the smoking ban we have recently been able to go in "public". Life is so much better for us since the ban. Why should we and others be subject to prison at home because of inconsiderate people. It's great that smokers are responsible, I'm sure most are. But, there are too many that don't care, and it's our right to travel in relative security too, isn't it?
Where are the rights of the non-smokers?Why, because my family doesn't smoke, should we be subject to the whims of peoples poor health choices. Why should our lives be made literal hell due to their inconsiderate choices.Their choices have stronger rights?
nonsmoker

Urbana, OH

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#9
Jan 12, 2008
 
There is a point where smokers rights and businesses rights are being threatened yes but the simple fact is a business chain unlike small business if the law doesn't prohibit smokers then we all suffer am I saying that small business should let smokers have their way NO because I have gone to many places in search of a haven of sorts to meet people and socialize but can cause I cant breathe in smoke. I think we can all agree that smoking and non-smoking sections of the past were a joke in restaurants and such and why is it that a business owner you want your only clientele to be those who smoke or at least tolerate smoke..... I would think that you would want anyone to frequent your establishment and give you business and keep ALL your customers smokers and non-smokers alike healthy for the purpose of more business. Besides it’s not that much of an inconvenience for smokers to step out side or wait to smoke.
But like I’ve said before we live in a country where a law is passed by votes, and we all have to follow those laws, are you saying that big businesses shouldn’t have to follow environmental laws passed either that they too should be able to choose to pollute the air we ALL breathe. I sincerely hope not.

Joined: Sep 1, 2007

Comments: 6849

British Columbia

ISP: Springfield, OH

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#10
Jan 12, 2008
 
nonsmoker wrote:
There is a point where smokers rights and businesses rights are being threatened yes but the simple fact is a business chain unlike small business if the law doesn't prohibit smokers then we all suffer am I saying that small business should let smokers have their way NO because I have gone to many places in search of a haven of sorts to meet people and socialize but can cause I cant breathe in smoke. I think we can all agree that smoking and non-smoking sections of the past were a joke in restaurants and such and why is it that a business owner you want your only clientele to be those who smoke or at least tolerate smoke..... I would think that you would want anyone to frequent your establishment and give you business and keep ALL your customers smokers and non-smokers alike healthy for the purpose of more business. Besides it’s not that much of an inconvenience for smokers to step out side or wait to smoke.
But like I’ve said before we live in a country where a law is passed by votes, and we all have to follow those laws, are you saying that big businesses shouldn’t have to follow environmental laws passed either that they too should be able to choose to pollute the air we ALL breathe. I sincerely hope not.
I watched this debate happen back home 24 years ago. It's not even a subject now. It is so nice when I go back home to know where I can go if I don't want to breath.
The smokers are inconvenienced, not the nonsmokers. Why should the population be held hostage by someones bad habit?I don't care if any person smokes, I just don't want to have to be worried that I might be subject to it by going in public.
Linda

Dayton, OH

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#11
Jan 14, 2008
 
WE THE PEOPLE request that Congressional Hearings be conducted to expose the truth about smoking bans being imposed throughout the United States. We desire to once again be a free nation whose health is not controlled by special interest groups or foundations whose parent companies profit. The corruption behind these bans is widespread. We have the right as citizens to ask that Congress conduct an investigation, utilizing neutral experts who have no connection to the American Cancer Society, American Heart Association, American Lung Association, World Health Organization, the Robert Wood Johnson Foundation or any other organization or pharmaceutical company who has profited from these smoking bans. This petition has been signed by U.S. citizens who are of legal age to vote. This petition is not limited to one state. It is a national petition, as this plague has affected each state of these United States.

Smoking bans across the U.S. are legislated or voted in based on lies and pure greed for financial gain and/or power. We ask that the following areas be investigated:
http://www.ipetitions.com/petition/conghearin...

Joined: Sep 1, 2007

Comments: 6849

British Columbia

ISP: Springfield, OH

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#12
Jan 14, 2008
 
Linda wrote:
WE THE PEOPLE request that Congressional Hearings be conducted to expose the truth about smoking bans being imposed throughout the United States. We desire to once again be a free nation whose health is not controlled by special interest groups or foundations whose parent companies profit. The corruption behind these bans is widespread. We have the right as citizens to ask that Congress conduct an investigation, utilizing neutral experts who have no connection to the American Cancer Society, American Heart Association, American Lung Association, World Health Organization, the Robert Wood Johnson Foundation or any other organization or pharmaceutical company who has profited from these smoking bans. This petition has been signed by U.S. citizens who are of legal age to vote. This petition is not limited to one state. It is a national petition, as this plague has affected each state of these United States.
Smoking bans across the U.S. are legislated or voted in based on lies and pure greed for financial gain and/or power. We ask that the following areas be investigated:
http://www.ipetitions.com/petition/conghearin...
Sorry Linda. Your right to smoke infringes on my right to breath.Therefore, you should do it in private. Or downwind of all non-smokers. Thank you for your consideration.
P.S.
If smokers had consideration, this might never have happened.
nonsmoker

Urbana, OH

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#13
Jan 17, 2008
 
i fully agree with ucantbsrius Linda you keep trying to pound and pound these quotes and BLAH BLAH BLAH down are throats but you know what its because you dont have no solid ground to stand on. We live in an ever changing world sometimes for the good sometimes for the bad right now people are speaking out for whats right not just for non-smokers who cant stand smoke but for non-smokers who could care less about smoke they shouldn't have to live in smoke smokers should learn to quit something that is bad for them and their fellow man...the simple fact is americans arent what we say we are we say were united and look out for this country but really we are struggling why fight so hard against somthing that is for the good of the peoples of this country just except it and move on .....whats with you anyway ........people will be healthier and in the long run happier..... and you could care less about smokers rights you just care about your buisness profits and thats it so go on and blah blah blah us again again cause we arent going to cave your way of smoker life is over.
Charles

AOL

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#14
Apr 30, 2008
 
I'm so thankful for the restrictions on smoking. I can not eat in a restaurant that allows cigarette smoking. Non-Smoking sections are a JOKE unless it is only allowed in a different room with it's own air conditioning/heating system. I agree tht smokers have the right to kill themselves just don't involve me in it!
Steve

Junction City, KS

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#15
Nov 8, 2009
 
Non smokers have a right to breath clean air. A business owner has the right to decide who he wishes to cater to. The non smoker who wants a smoke free environment should be willing to patronize a business that voluntarily decided to cater to non smokers.

Non smokers, your rights end when they start infringing upon my rights. It is my right to run a business that is friendly to smokers. It is your right to not patronize my business. It is also your right to start a non smoker friendly business that would be in competition with my business.

Joined: Aug 11, 2009

Comments: 15

Findlay, OH

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#16
Nov 11, 2009
 
Linda as a nonsmoker who has put up with the nasty breathing of smoke so I can go and be with my friends or having to leave early because my eyes are burning and watering not to mention going home smelling like an ashtray and yes sometimes even feeling sick Get over it.~ We use to have Christmas eve at my Grandmother's when I was little and the majority of the family smoked. Mine does not. I would feel sick and spend Christmas morning sick to my stomach. How is that ok for one group to do something that would effect another group. If that is freedom then I should be able to buy the stinkiest, crappiest smelling perfume and go to a bar or restaurant and spray it all over everyone. Because frankly you are putting a nasty smell on everyone and junk not only in your lungs but ours too where are my rights over my own body and health. I look at it like this. Smokers have been able to smoke and offend for how many years? Now it is the non smokers turn to be able to go and breath. I totally enjoy going out and enjoying friends and music and breathing! So like it was said the majority of the people voted and just because it did not go your way I'm sorry you are not in the majority I guess. We had to adjust to getting along with smokers now you need to adjust to getting along with smoking outside. I do not mean to sound mean or nasty I am just tired of hearing about smokers right and not the nonsmokers. It's like we don't count.
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