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Tinkering with smoking ban
TweetArgus Leader, South Dakota: The state’s newly expanded smoking ban is only about a month old, and already there’s talk of tinkering with the law.
We certainly hope state legislators will abandon that route during the upcoming legislative session.
South Dakota’s debate about smoking in public places long has been an exhausting one. However, voters across the state placed a resounding period on the issue when they voted 64 percent to 36 percent to remove almost all remaining exemptions to a ban in effect since 2002.
There is nothing new that has arisen in the past several weeks that significantly alters the essential question of whether people can smoke in bars, casinos and restaurants, even though that’s not allowed inside any other public place in South Dakota.
Voters have been well aware, for years now, of possible revenue loss for previously exempted businesses and lottery receipts under the new provision. And they supported the ban extension anyway.
Even if there were some justifiable reason to reopen the issue, now certainly isn’t the time.
It’s impossible to imagine that there’s enough data available to provide foundation for possible changes.
Comments
One thing that should have NEVER been tinkered with is the U.S. Constitutionally protected private property rights! One of the 5 main things the Constitution guarantees is that this nation protect property rights (from smoking bans) and earnings (taken for tobacco control), yet this uneducated government would take away the rights of tobacco companies and privately owned businesses. The smoking ban is an attack and deprives owners of property. These laws are begotten by nothing more than mob-rule influenced by fake studies and false science. The World Health Organization's study showing that SHS may even have a protective effect and not the least harmful was withheld because it didn't promote total control of the population. Need proof? http://web.archive.org/web/2002112820...
A business is not a public place it is still private property, so says SCOTUS
Held: There has been no dedication of petitioner’s privately owned and operated shopping center to public use so as to entitle respondents to exercise First Amendment rights therein that are unrelated to the center’s operations, and petitioner’s property did not lose its private character and its right to protection under the Fourteenth Amendment merely because the public is generally invited to use it for the purpose of doing business with petitioner’s tenants.
http://www.law.cornell.edu/supct/html...
Know what South Dakota's law actually REQUIRES!
"No person may smoke tobacco or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense. ... Any person that owns, manages, operates, or otherwise controls a public place or place of employment shall inform persons violating section 1 of this Act of the provisions thereof."
READ THE LAW itself at:
legis.state.sd.us/sessions/2009/SessionLaws/DisplayChapter.aspx?Chapter=171
It's short, simple and clear. There is absolutely NOTHING in the law requiring a business to throw people out, call the police, stop serving customers, or remove ashtrays. Any bar or restaurant that does so is doing so OF THEIR OWN FREE WILL in treating smokers thusly. There is nothing to require such.
Print and share the law with bar/restaurant owners and others. Highlight the section showing their actual obligations. They are NOT required to act as unpaid, untrained, uninsured citizen vigilantes!
Michael J. McFadden
Author of "Dissecting Antismokers' Brains"