The smoking ban, what it really is, from a business owner
#31
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Join Date: Dec 2004
Posts: 12,859
Any government that can promote private property rights can take them away".
Don't know where that quote came from but the answer is only if you let them. People talk the talk but few do little if nothing.
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#32
Well, the example does go both ways. Mainly, it applies to developing/3rd world countries.
And you are right about "walk the walk" and talk. I try to attend a village board meeting from time to time in my town. It amazing how much effort it takes someone to write a letter to a congressman these days? :?
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Mud, sweat, and gears
#33
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Join Date: Aug 2006
Posts: 341
Originally Posted by yoopr
The main point is that this concerns the Private Property Rights clause of Our Constitution and when Private Property rights, that is your Equipment you drive or the Home you live in, are taken it's called a "Taking" and the Constitution Clearly states that a person is deserving of "Just compensation" when deprived of that right.
This includes Restaurants where Cities have declared smoking in Private Businesses Illegal. Problem is that most people aren't aware of this and lay on their backs and roll over when a city or state says Boo. The fight should really be to make smoking illegal, not ban it from private property. Know why we aren't fighting that fight? Because the tax revenue from the tobacco industry is ENORMOUS. This is all a political sham.
#34
Senior Board Member
Join Date: Apr 2006
Location: Austin, TX
Posts: 1,567
Originally Posted by Deus
Originally Posted by yoopr
The main point is that this concerns the Private Property Rights clause of Our Constitution and when Private Property rights, that is your Equipment you drive or the Home you live in, are taken it's called a "Taking" and the Constitution Clearly states that a person is deserving of "Just compensation" when deprived of that right.
This includes Restaurants where Cities have declared smoking in Private Businesses Illegal. Problem is that most people aren't aware of this and lay on their backs and roll over when a city or state says Boo. The fight should really be to make smoking illegal, not ban it from private property. Know why we aren't fighting that fight? Because the tax revenue from the tobacco industry is ENORMOUS. This is all a political sham.
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Terry L. Davis O/O with own authority
#35
I always smoke by the trailer, by the street. Usually a good 30-50 ft from my shippers houses. Its policy and common couretesy.
I don't smoke at truck stops, even ones that allow it. Maybe after dinner one, but I can't stand some of these game rooms with guys sucking cigs down almost as fast as their Mt DEw
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Mud, sweat, and gears
#36
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Join Date: Dec 2004
Posts: 12,859
Originally Posted by terrylamar
Originally Posted by Deus
Originally Posted by yoopr
The main point is that this concerns the Private Property Rights clause of Our Constitution and when Private Property rights, that is your Equipment you drive or the Home you live in, are taken it's called a "Taking" and the Constitution Clearly states that a person is deserving of "Just compensation" when deprived of that right.
This includes Restaurants where Cities have declared smoking in Private Businesses Illegal. Problem is that most people aren't aware of this and lay on their backs and roll over when a city or state says Boo. The fight should really be to make smoking illegal, not ban it from private property. Know why we aren't fighting that fight? Because the tax revenue from the tobacco industry is ENORMOUS. This is all a political sham.
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#37
IN some places a club can "sponsor" someone to drink. Like a hunting club or something? MI/WI? Area? I know very little about it, but some private clubs have ways around alcohol. Comparing aplles and oranges, similar in color
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Mud, sweat, and gears
#38
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Join Date: Apr 2006
Location: Austin, TX
Posts: 1,567
Originally Posted by yoopr
Still comes down to the owners Property Rights and if he wants smoking allowed or not. It's not for the Government to TELL them what They'll allow.
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Terry L. Davis O/O with own authority
#39
Private property is exactly that. A place that you own, where you can limit who can, and cannot come in.
A restaurant is not by definition "Private Property". There is no lock on the door, you do not stop at the front and wait for them to ask you in, and anyone, as long as they obey simple rules of decency can come and go at their choosing. An invitation to come in is implied by an OPEN sign and a person at the front desk that says "How many in your Party". This in effect makes it Public Access. A highway and a restaurant could be argued have the same access. And as long as you obey certain rules and regulations, you get to use them at your leisure. It could also be argued, that if you use these public places, then you have a right to certain safety precautions. Not drinking and driving, very few people would argue with that one, and in restaurants not being exposed to a know carcinogen. And only very few people would argue with that also. If you open your place of business to the public, and then do not take precautions to keep the public safe, then you should be responsible for not taking those precautions. The same would apply to a highway. If the Dept of highways runs unsafe highways, or Airline Companies run unsafe airplanes, then they should be held responsible for it. Your rights to private property, do not trump my rights to personal safety.
#40
Senior Board Member
Join Date: May 2004
Location: Northern Arizona- above the heat!
Posts: 1,150
Originally Posted by RockyMtnProDriver
Private property is exactly that. A place that you own, where you can limit who can, and cannot come in.
A restaurant is not by definition "Private Property". There is no lock on the door, you do not stop at the front and wait for them to ask you in, and anyone, as long as they obey simple rules of decency can come and go at their choosing. An invitation to come in is implied by an OPEN sign and a person at the front desk that says "How many in your Party". This in effect makes it Public Access. A highway and a restaurant could be argued have the same access. And as long as you obey certain rules and regulations, you get to use them at your leisure. It could also be argued, that if you use these public places, then you have a right to certain safety precautions. Not drinking and driving, very few people would argue with that one, and in restaurants not being exposed to a know carcinogen. And only very few people would argue with that also. If you open your place of business to the public, and then do not take precautions to keep the public safe, then you should be responsible for not taking those precautions. The same would apply to a highway. If the Dept of highways runs unsafe highways, or Airline Companies run unsafe airplanes, then they should be held responsible for it. Your rights to private property, do not trump my rights to personal safety. I'm afraid that is where you are wrong
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