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Ailionora
Joined: 28 Jun 2005 Posts: 120 Location:
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Posted: Tue Aug 14, 2007 10:44 am Post subject: Houstons citywide smoking ban |
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goes into effect Sept 1.
The city will have one (that's not a typo- ONE) officer to enforce this law. He will not work night time hours, during which most night clubs and bars operate. According to the Chronicle, the city is confident that bar patrons will self-enforce this regulation.
At least they used all the smoking ban budget on propaganda and commissions since they cant afford to hire anyone to enforce it now. Isn't govt efficiency a beautiful thing to behold? (Incoming bond referendum to strongarm PROPERTY owners into footing the bill for this shortfall.)
I'll link the article later - there's a poll on it and I'm waiting for it to update. The Chronicle is so fun to read. Highly recommend chron.com (scroll to the comments always!) if youre bored - our paper is VERY amusing. _________________ |
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Tue Aug 14, 2007 11:51 am Post subject: |
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A city-wide smoking ban? Gimme a break! If a bar or restaurant owner wants to let smokers in their establishment, why should anyone else care- much less the city! _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 12:02 pm Post subject: |
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im not sure how its enforced here in cali, but i can assure you i rarely ever see anyone light up in a restaurant and when they do they promptly are asked to stop or leave. im sure one of the penalities is suspension of the on-premise liquor license, as that is a coveted thing here in cali
as far as passing on the cost to property owners, why not band together and create your own referendum to prevent this type of thing from happening.
| Quote: | | The Proposition 13 property tax initiative approved overwhelmingly by California voters in 1978 is the basis for the current tax process. Prop. 13 limits the property tax rate to 1% of assessed value, plus the rate necessary to fund local voter-approved bonds. It limits property tax increases to 2% per year on properties not involved in a change of ownership or properties that did not undergo new construction. Newly acquired property is assessed at its new market value (usually the purchase price) and the value of any new construction is added to the existing base value of a parcel. |
basically, anytime they want to increase the property tax locally or at the state level, they have to put up a bill for voter approval and, if i recall, it requires a supermajority to pass. and the property valuation for owners is limited to 1% of the value in 1978(the year the bill passed) or at the time of purchase if later, so even if your property value rises(which over time is almost a guarantee) you cant get hit for the newly appraised value of the home and the increases are limited to 2% per year
Texas is fucked though, and seemingly thanks to GW in a particularly "neocon(fiscally unconservative)" move..
| Quote: | In 1980 the state's Republicans put an I&R measure on their May 2 statewide primary election ballot, and party members endorsed it by a seven to one margin. Initiative advocates lost a strong ally when Senator Mengden retired, however, and the effort for statewide I&R seemed to be running out of steam. Nevertheless, Texas Republicans put the I&R question on their primary ballot again on May 6, 1982, and party voters favored it by a five to one margin.
However, when George W. Bush was elected Governor in 1994, he allowed the state’s Republican Party to remove the pro I&R plank from the Party’s platform and replace it with an anti I&R platform. This change effectively ended any chances of I&R being adopted in the state for the foreseeable future. Nonetheless, state I&R activist Mike Ford – founder of the group Initiative for Texas – has pledged to continue the fight. His group has been instrumental in educating the citizens of Texas about the importance of the I&R process
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Texas has no popular initiative/referendum method apparently, so non-legislators like yourself can't get ballot measures put on the statewide ballot just by gathering the minimum signatures for support.
http://www.iandrinstitute.org/Texas.htm _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 12:04 pm Post subject: Re: |
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| RBPierce wrote: | | A city-wide smoking ban? Gimme a break! If a bar or restaurant owner wants to let smokers in their establishment, why should anyone else care- much less the city! |
it is a public health issue. its the duty of public officials to address it. notice this doesnt ban chewing tobacco, only cigarettes/cigars/pipes, because chewing tobacco does not create an airborne(public) byproduct. _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Chamrox Cajun Zen Master

Joined: 28 Jun 2005 Posts: 3272 Location: Lost
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Posted: Tue Aug 14, 2007 12:20 pm Post subject: |
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Smoking is always the first to go, isn't it?
Should smoking be banned? I don't think so, however I think establishments have the right to allow smoking if they want to.
Would I eat in a smoky restaraunt? No.
Would I drink all night in a smoky bar? No.
Give the property owners the right to enforce their own smoking rules, and make them inform the public. Simple shop owned signs on the front door should suffice. "This is a Smoking Permitted establishment, enter at your own risk."
What I would much, MUCH rather see legislation regarding drunk driving and businesses.
Restaraunts should have a 2 drink MAXIMUM allowed to their patrons, with 16oz being the largest alcoholic beverage you can serve.
Bars shouldn't be allowed to have parking lots. If they do have parking lots, they must have an attendant that immediately puts an arm band around the driver that signals the bartenders to not serve him/her alcohol. _________________
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Tue Aug 14, 2007 12:52 pm Post subject: Re: |
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| Chamrox wrote: |
Bars shouldn't be allowed to have parking lots. If they do have parking lots, they must have an attendant that immediately puts an arm band around the driver that signals the bartenders to not serve him/her alcohol. |
I was right with you until this last part.
Bar's without parking lots huh? But if they do have a parking lot and you come in a car you can't be served?
I can't say they'd ever make any money if people can't drive to them, or are they drive thru bars? Or are you saying if you walk up then you can drink yourself sick? In that case what's say we just park in the nearby neighborhoods that better? Or build bar's closer to neighborhoods?
Hey, how about prohibition?
Seriously, consiquences for drunk driving should be very severe, but your solution? _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten |
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Chamrox Cajun Zen Master

Joined: 28 Jun 2005 Posts: 3272 Location: Lost
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Posted: Tue Aug 14, 2007 12:54 pm Post subject: |
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We're not Europe, we don't have public transit to-from drinking activities.
You want to go drinking, take a cab, or designate a driver.
Yes, I'm saying that if you drive to a bar, you shouldn't be served alcohol. Period. _________________
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Tue Aug 14, 2007 1:09 pm Post subject: Re: |
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| Chamrox wrote: |
Yes, I'm saying that if you drive to a bar, you shouldn't be served alcohol. Period. |
Do you have any realistic solutions? _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Tue Aug 14, 2007 2:08 pm Post subject: Re: |
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| Powad wrote: | | yea, drink at home.. its cheaper. bars make back their money on the wholesale value of liquor in less than 5 beverages. |
His was a fantasy stretch of the imagination "want." Yours is a suggestion to the consumer/patron.
Neither of which provide any remedy for the drunk driving issue that Cham turned this thread into.
I'm also willing to toss my vote in that cigarette's are more of a public heath/safety issue than drunk driving is, without making light of it's impact. _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten |
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Balor Gafdan Keeper of the Profanity


Joined: 28 Jun 2005 Posts: 2140 Location:
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Posted: Tue Aug 14, 2007 2:13 pm Post subject: |
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This is hilarious.
Try a statewide ban.
That's what new york did. _________________
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Chamrox Cajun Zen Master

Joined: 28 Jun 2005 Posts: 3272 Location: Lost
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Posted: Tue Aug 14, 2007 2:15 pm Post subject: |
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What's unrealistic about it, and why do you find it so far fetched?
Otherwise your comments have no more value than name calling. _________________
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Tue Aug 14, 2007 2:19 pm Post subject: |
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| Quote: | | it is a public health issue. its the duty of public officials to address it. notice this doesnt ban chewing tobacco, only cigarettes/cigars/pipes, because chewing tobacco does not create an airborne(public) byproduct |
If you go into a bar clearly labelled smoking, you are accepting the risk of second hand smoke just as much as if you decided to stick a cancer stick in your mouth. Here's a novel notion: people have the right to do unhealthy things, if they so choose! _________________ |
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Tue Aug 14, 2007 2:20 pm Post subject: Re: |
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| Chamrox wrote: | What's unrealistic about it, and why do you find it so far fetched?
Otherwise your comments have no more value than name calling. |
It'll never happen, are you actually naive enough to believe otherwise?
What would make you think this idea would ever have a snowball's chance in hell of happening?
Otherwise your comments... _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten |
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Ailionora
Joined: 28 Jun 2005 Posts: 120 Location:
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Posted: Tue Aug 14, 2007 2:23 pm Post subject: |
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The second hand smoke argument is not universally accepted nor is it proven (and that's an argument for another thread) - however, this is a city deciding what its businesses can do. Private ownership loses.
Obesity related health problems have just passed smoking related healthcare costs and issues (and that is for SMOKERS, not second hand) but do you see Houston telling Mcdonalds it has to do a fat check on its customers - I'm sorry ma'am, you're obese and your kids are fat. It would be irresponsible for me to sell you 15 double cheeseburgers. Hell no! In fact, Mcdonalds ASKS if you want cheese, and an apple pie with your order!
I don't care for rap music so I don't go hang out at rap bars. Should I compile all the research on the association between rap music and violence? or between hip-hop venues and crime? Then should I compel a city of 4 million people to ban it as a public health concern? No, I should just NOT GO THERE IF I DONT LIKE IT.
The whole smoking crap is political. I would rather see them make all tobacco products and production illegal across the board. This is about collecting ENORMOUS taxes and creating a whipping dog for everyone to spit on. Make it illegal and I'll quit smoking. Ban it in my city, and you'll just piss me off enough to find a way to bypass the taxes on the pack and spend MY money in places that generate LESS revenue for the town/state. _________________ |
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Ailionora
Joined: 28 Jun 2005 Posts: 120 Location:
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Posted: Tue Aug 14, 2007 2:27 pm Post subject: |
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ok im stoopid and can't link...maybe
[/url]http://www.chron.com/disp/story.mpl/front/5051515.html[url][/url]
dammit dammit dammit - someone fix that while i go smoke =) _________________ |
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Tue Aug 14, 2007 2:33 pm Post subject: |
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Well said Aili  _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 2:35 pm Post subject: |
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/me shrugs
the viable ways of policing drunk driving are probably more of what they do now.. driver checkpoints, more police visibility at night, etc.
you cant compare cigarettes and alcohol anyways. one is a primary source of income for bars and restaurants and another is not usually sold in bars or restaurants(and banned for sale in bars and restaurants in most east and west coast states, dunno about the more rural states though). on top of it, one directly pollutes the immediate vicinity with harmful airborne chemical byproducts and another does not. it creates both a public health issue and a health liability issue at the restaurant as well. fran the 60 year old waitress whos been workin in joe's smokey bar can certainly have a decent case at disability or a medical settlement when she gets lung disease and cant work anymore. alcohol, on the other hand, only directly effects the ingestor. anyone getting hurt by a drunk driver is only indirectly effected by the alcohol. _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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TaisharTrueblood Inleast

Joined: 27 Jun 2005 Posts: 3758 Location:
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Posted: Tue Aug 14, 2007 2:40 pm Post subject: |
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Loud music is as much a public safety hazard as second hand smoke (inleast a parallel one).
Ban loud music at concerts and clubs... yes? _________________ If a man is called to be a street sweeper, he should sweep streets even as Michelangelo painted, or Beethoven composed music, or Shakespeare composed poetry. He should sweep streets so well that all the hosts of heaven and earth will pause to say, ‘Here lived a great street sweeper who did his job well.’
--Dr. Martin Luther King, Jr.
Fiat justitia, ruat coelum
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Tue Aug 14, 2007 2:42 pm Post subject: |
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"it creates both a public health issue and a health liability issue at the restaurant as well. "
Assuming that that is true, and we all know the science on second hand smoke is dubious, so what? Patrons DECIDE if they want to go to a restaurant which allows smoking. Employees DECIDE if they want to work at a smoking establishment.
I guess for some people (and cities) the notions of personal property and liberty are anachronisms. It's a big step from "American, land of the free and home of the brave" to "Houston, land of the regulated and home of the wuss", but they've made it. _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 2:48 pm Post subject: Re: |
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| RBPierce wrote: | | Quote: | | it is a public health issue. its the duty of public officials to address it. notice this doesnt ban chewing tobacco, only cigarettes/cigars/pipes, because chewing tobacco does not create an airborne(public) byproduct |
If you go into a bar clearly labelled smoking, you are accepting the risk of second hand smoke just as much as if you decided to stick a cancer stick in your mouth. Here's a novel notion: people have the right to do unhealthy things, if they so choose! |
but people dont have the right to do unhealthy things that directly effect you. i cant burn tires in my backyard because of the nasty chemicals that fly up into the air.
Ailionora: as far as "hard medical proof" and the rap music arguement. its hard to prove what exactly causes someones cancer, but its easy to prove that potentially cancerous or otherwise nasty substances are floating around in that smoke. rap music doesnt put off cancer causing substances and deaths can only be indirectly related to the cause of death(unless the sound is loud enough to rupture something.. but there are already laws regarding that)
and as far as telling businesses what to do, the business has to meet the requirements set by their license to operate. the city has always been able to tell businesses what to do under that authority. you have licenses to sell alcohol, licenses to sell food, licenses to sell anything, licenses to lease commercial property, etc. these are state, federal, city, county, etc.
Balor: re: State issue.. definately, but ive always see it done first at a local level in states that have instituted bans. didnt NYC institute a ban itself prior to the state adopting its own? _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 3:01 pm Post subject: Re: |
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| TaisharTrueblood wrote: | Loud music is as much a public safety hazard as second hand smoke (inleast a parallel one).
Ban loud music at concerts and clubs... yes? |
not parallel, as i noted above.
| Quote: | Assuming that that is true, and we all know the science on second hand smoke is dubious, so what? Patrons DECIDE if they want to go to a restaurant which allows smoking. Employees DECIDE if they want to work at a smoking establishment.
I guess for some people (and cities) the notions of personal property and liberty are anachronisms. It's a big step from "American, land of the free and home of the brave" to "Houston, land of the regulated and home of the wuss", but they've made it. |
doesnt make a difference. just because you elect to do something potentially dangerous doesnt absolve the proprietor of responsibility. and waivers that waive the risk of personal injury are laughable. see kevorkian.
as far as personal property, a restaurant is not your personal property. it is on zoned commercial property most likely leased by the city or another entity and is controlled by the public health and safety code(among other codes related to running an on-premise food and beverage establishment). noone is telling you you cant drink or smoke in your house. your house isnt a public establishment, it is a private residence. and if your house was zoned for commercial use and you sold food and beverage, the contents would be your personal property, but the conditions in which everything needs to be kept need to be to public standards by the law in that area. there is no interference in your personal property, just in the conditions of the property in regards to public use. _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Ailionora
Joined: 28 Jun 2005 Posts: 120 Location:
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Posted: Tue Aug 14, 2007 3:16 pm Post subject: |
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There is simply NO way to quantify the data about the dangers of second hand smoke - you cannot extrapolate from a lab survey to a nightclub. In Houston, in any given nightclub - in addition to the smoke, there is also the smoke put out by the fog machines (ever inhale that stuff up close?), there is a TON of pollution in this city (hello, smog), and MANY of our hotspots are located in buildings grandfathered under health restrictions - built prior to health standards regarding construction materials including asbestos.
Thats why I wasnt going to debate the whole second hand smoke issue - even if you DO accept the theory (and a theory is all that it is), studies also indicate that the average bartender (nonsmoker) inhales less than 1/10th of one cigarette PER 40 hour work week. Even THAT is misleading as the "average" bartender works nowhere near 40 hours a week!
All of this "data" is just meaningless numbers drawn up to point to conclusions that we simply cannot support. There are a myriad of uncontrolled variables (including other pollutants, genetic predisposition to respiratory illness, etc) that cannot be controlled.
Hence - it's NOT about public health. It's about MONEY and POLITICS. These guys dont give a rats ass if you are healthy - if they did, tobacco would be GONE, not banned here or there - but GONE. It just makes me angry as hell that my city has the time and resources to spend YEARS and BILLIONS on this project, while our murder rate increases through the roof - we are up to about one per day, while our schools are falling apart, and our roads are in disrepair.
All that said, I sense a business opportunity. Open a bar, ban tobacco products and sell them inside (taxed out the ass but can probably still profit-turn) sell INDIVIDUAL cigarettes instead of packs. oh..my...god...
PS thanks for fixing linky for retarded me! _________________ |
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Tue Aug 14, 2007 3:29 pm Post subject: Re: |
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| Ailionora wrote: | | Hence - it's NOT about public health. It's about MONEY and POLITICS. These guys dont give a rats ass if you are healthy - if they did, tobacco would be GONE, not banned here or there - but GONE. |
And that as they say, is the truth. _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten |
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Chamrox Cajun Zen Master

Joined: 28 Jun 2005 Posts: 3272 Location: Lost
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Posted: Tue Aug 14, 2007 3:43 pm Post subject: |
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Darklace, it seems that you just snipe and never really add any meaningful insight to any conversation. It seems you've got yourself a bad little VN habit. Remember, post count doesn't work here, you don't get a star for volume. When requested a thoughtful response, you produce drivel. Either contribute or stfu. _________________
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Tue Aug 14, 2007 3:52 pm Post subject: Re: |
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| Darklace wrote: | | Ailionora wrote: | | Hence - it's NOT about public health. It's about MONEY and POLITICS. These guys dont give a rats ass if you are healthy - if they did, tobacco would be GONE, not banned here or there - but GONE. |
And that as they say, is the truth. |
i will go ahead and disagree on that point, but ive already debated my points.
the one thing i will say is that everywhere ive seen a ban go into effect the dominos have fallen quickly everywhere nearby to institute their own because the public eats it up. ive lived in a town thats had a public cigarette ban for quite a few years and its so nice going to get a steak and being able to taste the steak without the cigarette, and i think that most people agree. even the casinos are cleaning up. 10 years ago every vegas casino smelled like a big cigarette, now they realize that people don't want that smell and even circus circus smells respectable when you walk in the door. _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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TaisharTrueblood Inleast

Joined: 27 Jun 2005 Posts: 3758 Location:
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Posted: Tue Aug 14, 2007 5:48 pm Post subject: |
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Powad, sorry, saying so doesnt make it true. There is NO scientific doubt that loud music on a regular basis WILL cause hearing loss just as there is little scientific doubt that second hand smoke on a regular basis may cause respiratory problems/cancer. They are a parallel example.
The fact is that if I go to a club or a concert, I KNOW there will be loud music there that will certainly damage my health. If I go into a bar or club that allows smoking, I KNOW there will be secondhand smoke there which (IMO) will certainly damage my health. Seriously, why are they different?
Keep in mind i have literally never smoked, I find the smell nausiating (literally), and I personally prefer to eat and go where smoking isnt allowed.. but not a single one of those things negates a property owner's rights. _________________ If a man is called to be a street sweeper, he should sweep streets even as Michelangelo painted, or Beethoven composed music, or Shakespeare composed poetry. He should sweep streets so well that all the hosts of heaven and earth will pause to say, ‘Here lived a great street sweeper who did his job well.’
--Dr. Martin Luther King, Jr.
Fiat justitia, ruat coelum
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Soni

Joined: 28 Jun 2005 Posts: 716 Location: Houston
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Posted: Tue Aug 14, 2007 6:03 pm Post subject: |
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heh.. if there's no Atomspheres fog fluid in the air, I don't want to breathe it... It's just glycol and water mixed together... i make my band guys breathe it every night.. .drink plenty of water, and you'll be ok.
the smoking ban will kill the bars for a few weeks, then it'll blow over once people figure out it's unenforceable. _________________
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Otara

Joined: 27 Jun 2005 Posts: 1360 Location:
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Posted: Tue Aug 14, 2007 9:31 pm Post subject: |
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"There is NO scientific doubt that loud music on a regular basis WILL cause hearing loss just as there is little scientific doubt that second hand smoke on a regular basis may cause respiratory problems/cancer. They are a parallel example."
My understanding is that efforts to put limits on sound output have been defended under freedom of speech arguments. No similar precedent exists for producing chemicals.
In Australia, sound limits are considered to be work hazards and employers are expected to protect employees from excessive exposure.
Otara _________________
Science does not make it impossible to believe in God. It just makes it possible to not believe in God. |
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TaisharTrueblood Inleast

Joined: 27 Jun 2005 Posts: 3758 Location:
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Posted: Tue Aug 14, 2007 9:37 pm Post subject: |
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"My understanding is that efforts to put limits on sound output have been defended under freedom of speech arguments. No similar precedent exists for producing chemicals"
Link? The corollary is private property rights though. Tobacco, no matter what you think of it, is a legal substance and it is legal for a person to smoke it in thier car, their home, or thier place of buisness.. and to allow others to as well. The state has the power to ban smoking, the city does not (nor do the feds, constitutionally). _________________ If a man is called to be a street sweeper, he should sweep streets even as Michelangelo painted, or Beethoven composed music, or Shakespeare composed poetry. He should sweep streets so well that all the hosts of heaven and earth will pause to say, ‘Here lived a great street sweeper who did his job well.’
--Dr. Martin Luther King, Jr.
Fiat justitia, ruat coelum
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Galadren Sarcastic Prince Charming


Joined: 27 Jun 2005 Posts: 1638 Location: New Orleans, LA
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Posted: Tue Aug 14, 2007 9:45 pm Post subject: Re: |
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| Balor Gafdan wrote: | This is hilarious.
Try a statewide ban.
That's what new york did. |
Louisiana too. _________________ "Human nature is universally imbued with a desire for liberty, and a hatred of servitude." -Julius Caesar, Gallic Wars
Never to broke for a steak and a margarita.
-Me
Currently reading: The New World by Michael A. Stackpole
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Corbijn Booze Peddler

Joined: 27 Jun 2005 Posts: 1356 Location:
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Posted: Tue Aug 14, 2007 11:04 pm Post subject: |
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That sounds a lot like the Dallas smoking ban, in that it holds no teeth. And while all the chains and whatnot uphold it here, most hole-in-the-wall places or bar/restaurant combos will let you smoke regardless of the ordinance because we all know no one will crack down. _________________ Matt
http://www.myspace.com/lifewithoutamicrowave
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Darklace

Joined: 25 Apr 2007 Posts: 86 Location: Dallas, TX
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Posted: Wed Aug 15, 2007 7:30 am Post subject: Re: |
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| Chamrox wrote: | | Darklace, it seems that you just snipe and never really add any meaningful insight to any conversation. It seems you've got yourself a bad little VN habit. Remember, post count doesn't work here, you don't get a star for volume. When requested a thoughtful response, you produce drivel. Either contribute or stfu. |
Cham, perhaps you should look into the mirror when speaking about drivel. I could give a shit about post count. The idea you propose would never fly and you know it.
It wouldn't fly in the face of voters or businesses and would generally just be bad for business.
"I'm sorry, but seeing you drove to our establishment we can't serve you."
No meeting the co-workers on your way home to have a beer, etc.
Seriously, why the hell do I have to support my opinion on this when your's is the one that's the stretch?
What you propose is fantasy and you want "me" to back up my response? Give me a break.
Either show how it has a snowball's chance in hell of coming about or stfu.
edit: Then you go over to VN to show your support of lowering the drinking age. Good God. _________________
"Now I look back on those days and think I was a monumental tool" - Xalaten
Last edited by Darklace on Wed Aug 15, 2007 7:37 am; edited 3 times in total |
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Iryss Sexy Guitarista


Joined: 29 Jun 2005 Posts: 1614 Location: South of Hell
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Posted: Wed Aug 15, 2007 7:31 am Post subject: |
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There's one major difference in your parallel, Taish.
Losing your hearing doesn't potentially shorten your lifespan, or even reduce your quality of life a ton once you've adapted to it. You can't say the thing for the respiratory illnesses associated with smoking.
Take it from someone who occasionally smokes and lost her hearing.  _________________ |
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Rosaria

Joined: 28 Jun 2005 Posts: 714 Location: My ass is in Maryland, but my heart's in Japan.
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Posted: Wed Aug 15, 2007 7:41 am Post subject: Re: |
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| Otara wrote: |
In Australia, sound limits are considered to be work hazards and employers are expected to protect employees from excessive exposure.
Otara |
In the bay is an island that the Flight Test School from Pax River Naval Air Station bombs a couple times a week. The sound of the planes flying low overhead is sometimes deafening, followed by the booms that rattle windows and make porcelian figures dance on the mantle with vibrations when the bombs hit. Sometimes the bombing goes on for hours; I have to bring my dogs into the house because they cower and bay when the bombs start falling.
My friend and I got a ticket on the Pax River base for playing our music too loud in the car. We also got a severe lecture on the rights of other people to ride in their cars unmolested by music from other people's cars. We were playing "Queen" at a volume I thought was acceptable. We were told when paying the ticket that Pax River has a strict volume control law which we broke. We mentioned the bombing but the Magister was umimpressed. Ear of the beholder I guess. _________________ |
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TaisharTrueblood Inleast

Joined: 27 Jun 2005 Posts: 3758 Location:
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Posted: Wed Aug 15, 2007 8:08 am Post subject: |
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| Quote: | There's one major difference in your parallel, Taish.
Losing your hearing doesn't potentially shorten your lifespan, or even reduce your quality of life a ton once you've adapted to it. You can't say the thing for the respiratory illnesses associated with smoking. |
I will have to take your word about the QoL on this one :p That said... so what? If people want to poison themselves, they can. Both loud music and tobacco damage a person's health, both are hazards at some workplaces. The parallel stands I believe. Second-hand smoke might be more deadly then loud music (though i wonder sometimes... :p) but neither are forced on anyone. _________________ If a man is called to be a street sweeper, he should sweep streets even as Michelangelo painted, or Beethoven composed music, or Shakespeare composed poetry. He should sweep streets so well that all the hosts of heaven and earth will pause to say, ‘Here lived a great street sweeper who did his job well.’
--Dr. Martin Luther King, Jr.
Fiat justitia, ruat coelum
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Wed Aug 15, 2007 8:44 am Post subject: |
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| Quote: | | but people dont have the right to do unhealthy things that directly effect you. |
Once again- unless someone is forcing you at gunpoint into a smoking establishment, how does their smoking inside it directly affect you?
AFFECT. Not effect. _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Wed Aug 15, 2007 8:49 am Post subject: Re: |
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| TaisharTrueblood wrote: | | Quote: | There's one major difference in your parallel, Taish.
Losing your hearing doesn't potentially shorten your lifespan, or even reduce your quality of life a ton once you've adapted to it. You can't say the thing for the respiratory illnesses associated with smoking. |
I will have to take your word about the QoL on this one :p That said... so what? If people want to poison themselves, they can. Both loud music and tobacco damage a person's health, both are hazards at some workplaces. The parallel stands I believe. Second-hand smoke might be more deadly then loud music (though i wonder sometimes... :p) but neither are forced on anyone. |
it wont shorten your lifespan AND earplugs are widely available, cheap, and will protect you from hearing damage.
respirators are expensive and not widely available, nor are they practical _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Wed Aug 15, 2007 9:14 am Post subject: |
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| Quote: | | respirators are expensive and not widely available, nor are they practical |
Nor are they neccesary unless you voluntarily place yourself in a smoking environment. _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Balor Gafdan Keeper of the Profanity


Joined: 28 Jun 2005 Posts: 2140 Location:
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Posted: Wed Aug 15, 2007 11:09 am Post subject: Re: |
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| Powad wrote: | | that doesnt stop it from being a potential liability |
So basically piss on Civil Liberties and Free Enterprise just on this one issue? _________________
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Wed Aug 15, 2007 11:17 am Post subject: |
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| Quote: | | that doesnt stop it from being a potential liability |
Actually, yes- it does.
Once again, since the previous posts haven't worked: If you do not choose to go into a smoking environment, how does their smoking pose any danger to you? _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Wed Aug 15, 2007 11:19 am Post subject: |
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its been readily established that doing something that is potentially harmful to others can make you liable and that as a proprietor of an establishment that allows it to happen you can become liable.
the court system will allow for certain things under assumed risk, like getting hit by a baseball at a baseball game does not make the field liable. i would assume that people that step into a smoke shop would assume the liability of the smoke(in california, cigar shops and stuff can be allowed to smoke in controlled rooms like a humidor). walking into a bar or a restaurant probably wouldnt grant "assumed risk", but i would think there could be an arguement on a case by case basis. though i will say that assumed risk generally falls under the category of a physical activity(such as getting hit by a foul ball, spraining your ankle at the gym or on the paintball field, etc)
the only civil liberties being encroached on are the ones of the person being forced to inhale your poison at your convenience. polluting the air with dangerous substances is not a guarantee under the constitution _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Wed Aug 15, 2007 11:28 am Post subject: Re: |
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| RBPierce wrote: | | Quote: | | that doesnt stop it from being a potential liability |
Actually, yes- it does.
Once again, since the previous posts haven't worked: If you do not choose to go into a smoking environment, how does their smoking pose any danger to you? |
making the choice doesnt matter in most conditions. if i choose to goto a rowdy bar filled with dodger fans and i'm wearing a barry bonds giants jersey and they kick my ass without any other instigation but what i am wearing, i can successfully sue both the bar and the people the committed the act for my medical bills and other penalities eventhough i knew that there was a percentage of risk involved on my part.
a skilled attorney can make an argument that there is a preponderance of evidence suggesting that second hand smoke is real and using that given the right conditions(such as someone working in a bar for 20 years and suing the employer) can have a decent chance at winning a judgement _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Wed Aug 15, 2007 11:32 am Post subject: |
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you know what rbpierce.. scrap all that. based on what you say, when i choose to drive down the road i give up any right to seek a civil suit if you hit me with your car by accident(or on purpose) because driving on a street is an inherently risky proposition and putting my car where other cars are moving at speed is akin to giving up my rights to seek civil judgement in the court system _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Wed Aug 15, 2007 11:40 am Post subject: |
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| Quote: | | making the choice doesnt matter in most conditions |
Wrong. Taishar raised a great counter, which you can't rebut. If you go to a rock concert, they tell you that there is a health danger to you- you could lose hearing. If you accept that danger and go through with it anyway- YOU BEAR THE RESPONSIBILITY.
Why are you so adamant against people accepting personal responsibility for their actions? No, if people go into a designated smoking restaurant, there is no public health risk. There is a health risk, but as it is both reasonable and explicitly accepted by the patron's choice, the city has no business getting involved. Moreover, this is a statutory taking from the business owner- I'd love to see someone sue over it and stop busybody, anti-liberty assholes from riding roughshod over the personal property rights of their fellow citizens.
Then again, I actually give a damn about liberty. Houstonians must not. _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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RBPierce Hoth

Joined: 28 Jun 2005 Posts: 1119 Location:
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Posted: Wed Aug 15, 2007 11:59 am Post subject: |
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| Quote: | based on what you say, when i choose to drive down the road i give up any right to seek a civil suit if you hit me with your car by accident(or on purpose) because driving on a street is an inherently risky proposition and putting my car where other cars are moving at speed is akin to giving up my rights to seek civil judgement in the court system
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Let's avoid the technique of intentional obtuseness and putting words in other people's mouths when unable to defend own own arguments, yes?
Driving down the road is an inherently risky proposition, yes. However, that doesn't excuse people from being liable if they do not exercise reasonable safety on the road. If their car swerves into you becuase they haven't maintained it, they are liable. If their car swerves into you because of a manufacturer's defect, they are not liable. Get it? REASONABLE safety precautions... and for a business owner, that means hanging a sign indicating that the place of business is a smoking establishment. Nothing more. If you- being concerned with the purety of your lungs- decide to ignore the sign and enter anyway, well, you're an idiot... and responsible for your own actions. _________________ |
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Powad Harbinger of Drama


Joined: 16 Dec 2006 Posts: 722 Location: Yo momma
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Posted: Wed Aug 15, 2007 12:49 pm Post subject: Re: |
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| RBPierce wrote: | | Quote: | based on what you say, when i choose to drive down the road i give up any right to seek a civil suit if you hit me with your car by accident(or on purpose) because driving on a street is an inherently risky proposition and putting my car where other cars are moving at speed is akin to giving up my rights to seek civil judgement in the court system
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Let's avoid the technique of intentional obtuseness and putting words in other people's mouths when unable to defend own own arguments, yes?
Driving down the road is an inherently risky proposition, yes. However, that doesn't excuse people from being liable if they do not exercise reasonable safety on the road. If their car swerves into you becuase they haven't maintained it, they are liable. If their car swerves into you because of a manufacturer's defect, they are not liable. Get it? REASONABLE safety precautions... and for a business owner, that means hanging a sign indicating that the place of business is a smoking establishment. Nothing more. If you- being concerned with the purety of your lungs- decide to ignore the sign and enter anyway, well, you're an idiot... and responsible for your own actions. |
and you say nothing of a court system that sees assumed risk in very small terms.
anyways, here is an example of what i think we can see. this isnt the us, but heather crowe is a case in canada that had success filing what amounts to a workmans comp disability claim and succeeding on the basis of second hand smoke(listed below).. its definately a liability RISK. it can cost both the employer and the state money to handle these individuals and can drive up the cost of insurance all around if it pops up more often. and when its a health issue that starts involving state agencies(like the workmans comp board) it will invariably pop up as a public health issue on someones agenda
http://en.wikipedia.org/wiki/Heather_Crowe _________________ Currently reading: The Wanderer's Tale (Book 1: The Annals of Lindormyn) by David Bilsborough
And: Make Love the Bruce Campbell Way by Bruce Campbell
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