After the fact - KC's smoking ban, three+ years later

[Bowser]

So, now that we have had time to adjust and absorb the smoking ban, how do you feel about it? Was it a good thing, a bad thing, still an unholy infringement on our "civil rights", or do you just not care one way or another?

Poll to come.

[dirk digler]

Originally Posted by AustinChief

No, I was saying that basing the legal validity on the notion of "public nuisance" won't hold water. Public health or safety is another matter. I don't think most bans pass muster in this regard either but it's much hazier.

You maybe right on that.

There is now 12 states that have passed smoking bans state wide and Ohio Supreme Court just upheld the Ohio Smoke Free law this past year.

So I guess I was right, courts have sided with states and cities that they have the right to pass these laws which was my point all along.

I win.

On May 23, 2012, in a 7-0 decision, the Ohio Supreme Court upheld the constitutionality of the Ohio Smoke Free Workplace Act (“Act”). The Court rejected the claims of a privately owned establishment that the $33,000 fines assessed against it “exceeded the state’s legitimate police powers or were an unconstitutional governmental taking of private property.”

The Act, which became effective in December of 2006, prohibits owners of public places of employment from permitting smoking on their premises. In addition, the Act allows the Ohio Department of Health and designated local agencies to enforce the ban via significant fines and penalties.
Given the Supreme Court’s decision yesterday, this is an excellent time to ensure that:

1. Your offices or operations in Ohio have a “No Smoking” sign at all of their entrances;
2. You have a written policy compliant with the prohibitions under the Act;
3. Your employees are trained about the policy and empowered to address violations; and
4. To the extent that your company permits smoking on company property, the authorized smoking is limited to those places and in those manners permitted under the Act.

The Kansas Supreme Court has upheld the constitutionality of Lawrence's smoking ban.

In an opinion released this morning, the court sided with the city on all matters that had been challenged by Lawrence bar owner Dennis Steffes.

Lawrence's ban on smoking has been in effect since July 2004. It had been challenged by Dennis Steffes, owner of Last Call and Coyote nightclubs, who said the ordinance is unconstitutionally vague and illegally supercedes state law.

But city officials said they have the authority to establish a smoking prohibition inside businesses based on local government's home-rule authority to protect the health and safety of citizens. The Kansas Supreme Court agreed.

[listopencil]

Originally Posted by dirk digler

You maybe right on that.

There is now 12 states that have passed smoking bans state wide and Ohio Supreme Court just upheld the Ohio Smoke Free law this past year.

So I guess I was right, courts have sided with states and cities that they have the right to pass these laws which was my point all along.

I win.

Wed. 4:45 pm: Bar carve-out sought after Ohio smoking ban upheld

May 23, 2012

Associated Press , Tribune Chronicle | TribToday.com


COLUMBUS - An attorney who spearheaded an unsuccessful challenge to Ohio's smoking ban says he expects the fight to move now to the state Legislature.

The Ohio Supreme Court ruled today that the statewide ban was constitutional. Justices rejected the claims of a Columbus tavern owner who argued that $33,000 in fines for violating the ban were an illegal taking of his property.

The executive director of 1851 Center for Constitutional Law that litigated the suit says a bill is already in the works to exempt bars from the ban.
Maurice Thompson said a victory in court would have sent a strong statement. But a new law could achieve the same goal of keeping the ban from being enforced at adult-only establishments that are limited to those 21 years old and up.


http://www.tribtoday.com/page/conten....html?nav=5192

[dirk digler]

I didn't know about home rule authority but that just strengthens my argument. There is about 30 states that have full home rule authority including Missouri. ha ha

In the United States, the legislative authority granted to local governments varies by state. In some states, known as Home Rule States, an amendment to the state constitution grants cities, municipalities, and/or counties the ability to pass laws to govern themselves as they see fit (so long as they obey the state and federal constitutions).

[dirk digler]

Originally Posted by listopencil

Wed. 4:45 pm: Bar carve-out sought after Ohio smoking ban upheld

May 23, 2012

Associated Press , Tribune Chronicle | TribToday.com


COLUMBUS - An attorney who spearheaded an unsuccessful challenge to Ohio's smoking ban says he expects the fight to move now to the state Legislature.

The Ohio Supreme Court ruled today that the statewide ban was constitutional. Justices rejected the claims of a Columbus tavern owner who argued that $33,000 in fines for violating the ban were an illegal taking of his property.

The executive director of 1851 Center for Constitutional Law that litigated the suit says a bill is already in the works to exempt bars from the ban.
Maurice Thompson said a victory in court would have sent a strong statement. But a new law could achieve the same goal of keeping the ban from being enforced at adult-only establishments that are limited to those 21 years old and up.


http://www.tribtoday.com/page/conten....html?nav=5192

But that is a majority rule bullying...

[the steam]

Easy solution. Repeal smoking bans. Most restaurants and bars would stay smoke free anyways and the one's that allowed smoking would be forced out of business by the free market. Nonsmokers are 75% of the population and if they refused to spend money in establishments that allow smoking then they all go under, there are no smoking establishments and no business owners rights are violated by government.

[listopencil]

Originally Posted by dirk digler

I didn't know about home rule authority but that just strengthens my argument. There is about 30 states that have full home rule authority including Missouri. ha ha

Well, I don't know about Missouri, but it's a good thing that Ohio has a Legislature standing by to nullify poor state Supreme Court decisions.

[listopencil]

Originally Posted by the steam

Easy solution. Repeal smoking bans. Most restaurants and bars would stay smoke free anyways and the one's that allowed smoking would be forced out of business by the free market. Nonsmokers are 75% of the population and if they refused to spend money in establishments that allow smoking then they all go under, there are no smoking establishments and no business owners rights are violated by government.

Someone earlier in this thread said that it was that way at one time. They couldn't leave good enough alone, apparently.

[suzzer99]

Originally Posted by NewChief

Jesus. And I was almost certain that his banning of four posters on his message board will turn the tides on this issue.

Legit lol on that one.

[suzzer99]

Originally Posted by AustinChief

HA, I had no idea I had banned Bowser either. Stupid name changes. Wouldn't change anything but that makes it two posters I respect and suzzer (who I have no clue about, no offense buzzer) and KCNATIVE who is a d-bag.

None taken. I don't really have anything to lose here since I'm still a noob by CP standards and people usually ignore my posts anyway. I mostly just lurk for Chiefs updates. Now if you found a way to IP-ban all of my home and work computers, that would kind of suck.

[KC native]

Originally Posted by AustinChief

HA, I had no idea I had banned Bowser either. Stupid name changes. Wouldn't change anything but that makes it two posters I respect and suzzer (who I have no clue about, no offense buzzer) and KCNATIVE who is a d-bag.

That's rich coming from the douchebag cry baby that banned 4 people and deleted two of my posts.

I wasn't even disagreeing with you but was pointing out that we abridge private property rights in this country all the time.

It was hilarious to see you melt down and act like a petulant toddler though.

[listopencil]

Originally Posted by listopencil

We do livestock out here.

Almost 24 hours later and still no one jumped on this. Chiefs Planet, you are slacking.

[Mr. Flopnuts]

Originally Posted by listopencil

Almost 24 hours later and still no one jumped on this. Chiefs Planet, you are slacking.

BAAAAAAAAAAAAAAAAAH!

Coooooooooooooome.................visit Northern California.

[memyselfI]

LOL, violation of civil rights.

[Bowser]

Originally Posted by dirk digler

Let's get this out of the way Kyle, I think what you did by banning me was pretty chickenshit just because you got your feelings hurt because I was clowning you. Then you realized your mistake but instead of owning up to it you decided to ban bowser and suzzer which was even more chickenshit. If you can't handle disagreements over here maybe you should do what TJ does at his board and stay of DC because this isn't the first time you have done this.

Originally Posted by Direckshun

Hah.

I was just posting about dirk. I had no idea he had ALSO banned Bowser (again, one of the more respeced posters on ChiefsPlanet) and suzzer (who's a quality poster here at DC). I knew he banned KC Native as well, someone who I agree with more often than not on the issues, but Native's a well known shit talker on this forum. Suzzer and Bowser honestly aren't.

Hard to believe I missed all that. I clearly underestimated the depth of AustinChief's impulsiveness towards the left leaning posters in DC.

Much love, Bowser & suzzer. I know not what he did.

Originally Posted by AustinChief

HA, I had no idea I had banned Bowser either. Stupid name changes. Wouldn't change anything but that makes it two posters I respect and suzzer (who I have no clue about, no offense buzzer) and KCNATIVE who is a d-bag.

I could practically see AC in my mind's eye mother****ing every single one of us as he made the long trek to go outside and have that stress induced smoke.

It's all good, though.

[Nzoner]

I have no feelings on the issue because I can still smoke at my favorite watering hole in St. Joe