Is a smoking ban, a violation of property rights? (Congress, governor, elect)

[pghquest]

Interesting court case I found

High Court will Review Smoking Ban Constitutionality

COLUMBUS – The Supreme Court of Ohio today agreed to become the first state supreme court in the nation to determine whether a statewide smoking ban violates bar owners’ property rights. The Court also agreed to review whether the Ohio Department of Health has consistently exceeded its authority in fining business owners under the ban.

Lawsuit documents here

http://www.ohioconstitution.org/wp-c...risdiction.pdf

[rw47]

Hell yes.

[Cletus Awreetus-Awrightus]

of course not. the public air is the only property in question, and it isn't something that belongs to the smoker.

[sailordave]

Though I don't smoke, I've always been against government smoking bans on private property. Many businesses were already going smoke free of the owner's choice based upon customers wishes. Plus these no smoking in the work place seems to be selective. Movies and television shows seem to be exempt even though in parts of California you can't smoke on beaches, parks, sidewalks, etc. Wonder of those smoking bans also includes state governors' offices, White House, and Congress.

[pghquest]

Originally Posted by Cletus Awreetus-Awrightus

of course not. the public air is the only property in question, and it isn't something that belongs to the smoker.

I would buy that argument if they banned smoking completely but they didnt.

[sailordave]

Originally Posted by Cletus Awreetus-Awrightus

of course not. the public air is the only property in question, and it isn't something that belongs to the smoker.

By that logic then everything, including our bodies, is to be controlled by the government.

[Cletus Awreetus-Awrightus]

Originally Posted by sailordave

By that logic then everything, including our bodies, is to be controlled by the government.

how do you figure?

Originally Posted by pghquest

I would buy that argument if they banned smoking completely but they didnt.

this is a state-by-state law i believe, but in most places you can smoke in your house. The air in your house could be considered your property.

[gallowsCalibrator]

While I find smoking to be a disgusting habit, I think businesses should have the right to decide whether to allow smoking or be smoke free.

[rw47]

Originally Posted by Cletus Awreetus-Awrightus

this is a state-by-state law i believe, but in most places you can smoke in your house. The air in your house could be considered your property.

But your business isn't?

[no1brownsfan]

Yes. Their business, their rules.