Is Marylands new smoking ban Constitutional?

[Larry Gude]

Yes or no.

 

[Mikeinsmd]

As much as I hate the damn things, I voted no.

 

[rack'm]

Seriously Larry......

Is that question even considered in the Constitution as a freedom??



I think it's the Governments way of trying to protect the people from themselves......yet again.

 

[Larry Gude]

Fourth...

Is that question even considered in the Constitution as a freedom??



I think it's the Governments way of trying to protect the people from themselves......yet again.

...amendment.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What right does the government have to come into a private business or home to regulate smoking cigarettes? That is a search and siezure issue.

 

[rack'm]

...amendment.



What right does the government have to come into a private business or home to regulate smoking cigarettes? That is a search and siezure issue.

Gotcha......thanks

 

[Mikeinsmd]

I would like to hear from the 1 yes vote how it's constitutional.

 

[Midnightrider]

...amendment.



What right does the government have to come into a private business or home to regulate smoking cigarettes? That is a search and siezure issue.

public areas carry no expectation of privicy. Therefore its not really search and siezure. Now you may have something on the pursuit of happiness.....

 

[Larry Gude]

What is...

public areas carry no expectation of privicy. Therefore its not really search and siezure. Now you may have something on the pursuit of happiness.....

...a bar? Is it public or private property?

 

[rack'm]

...a bar? Is it public or private property?

Now Larry, you know there is no TRUE private areas, only areas the Government lets you think are private, until they want something.

 

[Midnightrider]

...a bar? Is it public or private property?

You certainly dont have any expectation of privacy in a bar......

 

[mAlice]

You certainly dont have any expectation of privacy in a bar......

You're confusing privacy with private property.

 

[Bustem' Down]

Yes or no.

You should have asked how many people know what "constitutional" is first.

 

[tom88]

I voted yes, because I don't believe the constitution addresses this either way!

 

[Midnightrider]

You're confusing privacy with private property.

search and seizure has to do with privacy.
A bar may be private property but its still part of the public, they let everyone in therefore part of the public. Now if that same building houses a private club, i.e. the American Legion, its a whole different story.

BTW, i dont support the ban, just dont see this as an illegal search and seizure issue.

 

[mAlice]

search and seizure has to do with privacy.
A bar may be private property but its still part of the public, they let everyone in therefore part of the public. Now if that same building houses a private club, i.e. the American Legion, its a whole different story.

BTW, i dont support the ban, just dont see this as an illegal search and seizure issue.

No. They don't let everyone in. You should pay more attention. Ever see a biker try to wear their colors in Tiki? The owners chose to put that rule into place. They should also be allowed the luxury of choosing whether they let smokers into a bar.

I also know that the owner of Toot's bar will not let someone in who has proven to be a repeat offender by picking fights when they're in the bar, so that argument doesn't hold water.

 

[Midnightrider]

No. They don't let everyone in. You should pay more attention. Ever see a biker try to wear their colors in Tiki? The owners chose to put that rule into place. They should also be allowed the luxury of choosing whether they let smokers into a bar.

A dress code does not mean they dont let everyone in, they just wont serve people who are dressed a certain way.

BTW, are you saying the tiki bar isn't a public place

 

[mAlice]

A dress code does not mean they dont let everyone in, they just wont serve people who are dressed a certain way.

BTW, are you saying the tiki bar isn't a public place

No, I'm not saying it's a public place. I'm saying it's private property and they reserve the rigth to serve anyone for any reason they see fit.

 

[rack'm]

No. They don't let everyone in. You should pay more attention. Ever see a biker try to wear their colors in Tiki? The owners chose to put that rule into place. They should also be allowed the luxury of choosing whether they let smokers into a bar.

I also know that the owner of Toot's bar will not let someone in who has proven to be a repeat offender by picking fights when they're in the bar, so that argument doesn't hold water.

I see where you're coming from.......

So, the government is MAKING the businesses enforce a law

 

[mAlice]

I see where you're coming from.......

So, the government is MAKING the businesses enforce a law

The government is creating a law that infringes on the business owner, which the business owner will now have to enforce.

 

[Midnightrider]

No, I'm not saying it's a public place. I'm saying it's private property and they reserve the rigth to serve anyone for any reason they see fit.

There is a difference between a privately owned business that is open to the public, and a private club.
So if a bar is a private place and you have a resonable expectation of privacy there, why is it that police can enter a bar or restaruante with out a warrant.