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The Government should NOT
make these decisions for the property owners.
Property Rights are
Property Rights are
"Cologne Wearing Rights"
Property Rights are
"Cell Phone Using Rights"
Property Rights are
"Who You Want On Your Property Rights"
It is up to the owner of each property to decide what they want on their property and post a sign.
It is up to the public to decide where to go and where to spend their money.
The market will decide what business does well.
The Government should NOT make these decisions for the property owners.
Smoking bans force you to hang a sign and tell your patrons there is no smoking.
They DO NOT force you to enforce the law.
NY is doing it and so can you!
Florida Judge Agrees!
Administrative Judge Michael Parrish notes that there is no legal requirement for a bar owner to take ''specific action'' when someone is smoking in the bar.
Please note: This makes all smoking bans illegal unless your State or town wants to train you, supply liability insurance, sign you on as police AND make it a law that anyone they want must be forced into police duty. Your 16 year old son washing dishes in a restaurant would have to go to the police academy because he may have to uphold the smoking ban law. Remove these un-enforceable laws from your books NOW to avoid law suits. Every worker has the right to sue you when hurt, your ban opens you up for liability.
Please print out the Ban Damage Page (Deaths, Injuries, Rape, and more) and the Ban Loss Database (Money and business lost due to bans) and bring them to your politicians. Tell them ENOUGH IS ENOUGH! This failed experiment in human behavior is killing people and it has to stop now. Death certificates from "smoking" are zero, while death certificates from smoking bans and making a legal product un-politically correct are rising.
His name is James Blake Miller,
God Bless him.
Castaways Backwater Cafe Sues Over Ban - Read the history!
Castaways lights up smoking suit again
By DENISE ZOLDAN, firstname.lastname@example.org
September 27, 2005
Just as its court case was about to be snuffed out, an East Naples eatery reignited a federal lawsuit it filed against the state, contending Florida's anti-smoking law is unconstitutional.
Last month, a federal judge in Fort Myers tossed out the case by Castaways Backwater Café Inc., saying citizens may not sue their states.
U.S. District Judge John Steele dismissed the case without prejudice, meaning the suit could be amended. He also wrote in the order that citizens may sue state officers in their official capacities.
And that's what Castaways has done.
In a shotgun manner, Castaways' Naples attorney, Ludwig Abruzzo, has amended the original complaint to include nearly every state officer that has had anything to do with the restaurant case.
Named in the suit are: Simone Marstiller, secretary of the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco; Pat Parmer, director of the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; John O. Agwunobi, secretary of the state Department of Health; and Geoff Luebkemann, director of the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
Abruzzo said he should have named the officers in the first suit.
"It was an oversight on my part," he said.
The suit alleges that the Florida Clean Indoor Air anti-smoking law violates the equal protection provisions of the U.S. Constitution because it makes exceptions based solely on economic reasons.
Florida's Clean Indoor Air Act allows patrons of bars and outdoor dining areas to smoke, but denies the same right to patrons of restaurants. The Castaways suit alleges that the law does so because bars pay thousands of dollars more for state liquor licenses than restaurants pay for their licenses.
The law is "illegal and invalid in that it contains exceptions to its provision which are based solely on economic considerations," Abruzzo argues in court documents.
Abruzzo contends the state should change the law.
"Either they should not allow anybody to smoke or they should go back to the old ways of having smoking sections," he said.
The state argued in court documents not only that citizens cannot sue their states, but also that "the Clean Indoor Air Act is an exercise of the government's police power, which has historically balanced public health, safety and welfare with private economic interests.
"Castaways cannot seriously contend that Florida's desire to protect nonsmokers from secondhand smoke is not an exercise of the state's police power," the state argued in federal court documents.
The state contends that it doesn't matter whether "economic considerations" were involved, but rather whether the Clean Indoor Air Act is a proper exercise of the state's police power. And that the problem "need not be addressed in a single legislative enactment."
Castaways seafood and Italian restaurant at 2025 Davis Blvd. never has enforced the indoor smoking ban.
The law went into effect in July 2003. The Legislature enacted it after voters, backed by the Heart Association, American Lung Association and other health organizations, passed an amendment to the Florida Constitution in November 2002.
Castaways has been cited three times for violations, but hasn't paid fines because the matter has been in negotiations, administrative hearings and now federal court.
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There are only a few Antis taking rights away from a lot of people. There are a lot of smokers, and even more non-smoking folks who are fed up with the Antis taking away personal freedom.
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I just finished reading Michael McFadden’s book titled “Dissecting Antismokers’ Brains” and it is a must read!!
Michael does a superb job in explaining the outrageous motivations of the Anti Smoking movement. The general public needs to be made aware of the outright ‘lies’ being feed to us by the Anti’s and the politicians. I urge you to read it and tell everyone else you know to do so also.
Whether you are a smoker or not, you should have a very real concern about the Anti-smoking
Crusaders and Big Pharmaceutical Companies politics to trample on our freedoms!
You can order Michael’s outstanding book by going to: http://www.antibrains.com
Florida Businesses Say Smoking Ban Is Costly
Restaurants, Bars Losing Money To Those Exempt From Ban.
According to several bars and restaurants in the state, Florida's new smoking ban is costing them a lot of cash.
As owners tally up their year-end revenues, some businesses report profits are down as much as 40 percent since the law took effect July 1.
Restaurants said they're losing business to membership groups and organizations such as the VFW, which are exempted from the ban.
The American Lung Association opposed exemptions to the smoking ban from the start. But a spokeswoman said it's unclear if membership groups are really robbing restaurants of business.
Brenda Olsen said the ALA is working to measure the health impact of the exceptions to the law.
When state lawmakers drafted the law, they decided to exempt membership groups from the smoking ban.
Smoking Bans - Desires VS. Rights
Terry Gray – President – Forces Kentucky.
When debating the pros and cons of smoking bans, we need to ask whether it makes sense to protect and defend private individuals’ rights to their property. If we agree that private property rights should be protected, then we should make a clear distinction between private property and public property.
Omitting legal jargon and using common sense, private property belongs to a private owner, and public property belongs to the public or to some government entity that represents the interests of the general public.
Those who favor smoking bans prefer to consider bars and restaurants to be public property simply because the public is invited to visit those establishments. However, opponents of smoking bans recognize that the invitations to the public are by the graces of the private owners, and the property remains private property.
Let’s consider for a moment that you own a home and that you consider your home to be your private property. Do you give up your private property rights when you tell someone to, “Drop by any time?” What if you also tell that person to, “Bring some other folks along?”
Have you just issued a standing invitation to the public? Is your home no longer private and now considered to be public property? Where do we draw the line?
There is confusion between public property and private property primarily because some people, such as anti-smoking proponents, want to elevate their desires to the level of being legal rights. They choose to ignore what should be a clear distinction between private and public property so they can pretend that private businesses are actually owned by the public, thereby giving the public the right to control the use of the property while preventing the true property owner from controlling the use of his own property. Many business owners who take the risks and pay the price of ownership of their business property are suffering in areas of the country where smoking bans have been put into force. Those who promote smoking bans fail to see (or don’t care) that their desires for sweeping smoke-free environments are causing hardships for honest, hard-working people and their families. They fail to see (or don’t care) that their desires should be secondary to the rights of others.
Those supporting smoking bans know that they have the option of not supporting businesses that allow smoking. They know that they may patronize businesses that choose to ban smoking. But that is not enough for them. Do they not recognize the importance of respecting people’s right to control their own property? Do they not recognize the value of freedom?
The desires of anti-smoking groups should not take precedence over the rights of private citizens. When one person’s desires are allowed to trump another person’s rights, then all our rights can easily be swept away, and we have no protection from the tyranny of the majority.
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Cherry Pocket Steak and Seafood Shak
The Blue Martini
The Crab Trap Restaurant
The Old Cutler Raw Bar
Florida Smokers' Rights and Petition
THE ANTI-TOBACCO RECIPE FOR SUCCESS
1. Choose an industry
2. Regulate the industry.
3. Tax the industry.
4. Sue the industry.
When one source of money dries up, return to Step 1 and repeat.
The United Pro Choice Smokers Rights Newsletter