Is Marylands new smoking ban Constitutional?

[Bird Dog]

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

Because it is a states rights issue and was voted on by the Maryland House and Senate.

 

[Larry Gude]

We'll put...

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

...you down as supporting the band.


Or the ban.

 

[MMDad]

Is it constitutional for the government to say you can't use lead paint? Is it constitutional for them to stop manufacturers from using mercury in thermometers?

The logic of this ban is no different: they think they are protecting us from ourselves.

I think the ban is stupid, but it would stand up in court if it were challeneged on constitutional grounds.

 

[Larry Gude]

If a law passed...

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.

...saying you could not say "Vote for this person" in a bar would you consider that a violation of your rights? Yes, you would. And what would be the action that was the violation? The government seizure of your right to free speech.

If the government told you to no longer grill on your deck that would be a seizure of your right to grill on your deck if you want to.

Rights are things. They can be seized.

 

[Midnightrider]

...you down as supporting the band.

no, i dont support it. I can just see that its not a search and seizure issue. Like i said, bars are not private establishments, you have no expectation of privacy in a bar, in a private club you do.....

 

[Larry Gude]

That is a regulation...

Is it constitutional for the government to say you can't use lead paint? Is it constitutional for them to stop manufacturers from using mercury in thermometers?

The logic of this ban is no different: they think they are protecting us from ourselves.

I think the ban is stupid, but it would stand up in court if it were challeneged on constitutional grounds.

...issue. No one is allowed to put mercury in thermometers anywhere. Mercury is a controlled, dangerous substance. Cigarettes are not.

Lead paint is likewise a larger issue, like regulating food quality.

 

[mAlice]

no, i dont support it. I can just see that its not a search and seizure issue. Like i said, bars are not private establishments, you have no expectation of privacy in a bar, in a private club you do.....

Did you miss the part where they are also banning smoking in private clubs?

 

[Qurious]

When does the Ban take place? Went to Legends this weekend and came out of there smelling like a pit fire - YUCK!

Everybody was smoking, it was like they were trying to get their last puff out in the club before the ban....

 

[Larry Gude]

Bars are not...

no, i dont support it. I can just see that its not a search and seizure issue. Like i said, bars are not private establishments, you have no expectation of privacy in a bar, in a private club you do.....

...privately owned?

How about hosues?

Cars?

Bicycles?

 

[Midnightrider]

...saying you could not say "Vote for this person" in a bar would you consider that a violation of your rights? Yes, you would. And what would be the action that was the violation? The government seizure of your right to free speech.

If the government told you to no longer grill on your deck that would be a seizure of your right to grill on your deck if you want to.

Rights are things. They can be seized.

your first example would be a free speach issue, not search or seizure.
The second, is an example about a truely private setting. In a home or on your own property, you have a certain expectation of privacy.

 

[mAlice]

The second, is an example about a truely private setting. In a home or on your own property, you have a certain expectation of privacy.

Then I should be able to run around naked on my front lawn.

 

[Midnightrider]

Did you miss the part where they are also banning smoking in private clubs?

They must have recently changed that, what i read last week was that they were exempting clubs, specifically like the AL and VFW.

Besides, how does that make the tiki private?

 

[Larry Gude]

Ok...

your first example would be a free speach issue, not search or seizure.
The second, is an example about a truely private setting. In a home or on your own property, you have a certain expectation of privacy.

...Mr. Tedious, so the government has the right to regulate what bars serve, what's in the ingredients, the music, the decor or anything else that someone can prove bothers them?

So, if alcohol is, somehow, bad for people, the government can ban it?

So if cheeseburgers are, somehow, bad for people, the government can ban them?

 

[rack'm]

It's a damn shame they didn't let.....

We the People vote on this.......

 

[Midnightrider]

...privately owned?

How about hosues?

Cars?

Bicycles?

yes they are privatly owned, but they are not private.

Houses, yes, private
Cars, you have the expectation of privacy for all parts of the car not visible from the outside, i.e. trunk, glove box, console.

bicycles, you are operating in public, the only expectations of privacy you have are that the things you carry conceled on your person.

 

[MMDad]

...issue. No one is allowed to put mercury in thermometers anywhere. Mercury is a controlled, dangerous substance. Cigarettes are not.

Lead paint is likewise a larger issue, like regulating food quality.

But the legislature (who we elected) has decided that cigarettes need the same types of restrictions as lead, mercury, and food quality. If you can honestly say that lead, mercury, and food quality restrictions are constitutional, cigarette bans would likewise be constitutional. There is no difference.

 

[mAlice]

They must have recently changed that, what i read last week was that they were exempting clubs, specifically like the AL and VFW.

Besides, how does that make the tiki private?

I didn't say it made the Tiki a private club, I said it's "private property". I'm saying they are imposing this law on private clubs as well. Yes, like VFW.

 

[Midnightrider]

...Mr. Tedious, so the government has the right to regulate what bars serve, what's in the ingredients, the music, the decor or anything else that someone can prove bothers them?

So, if alcohol is, somehow, bad for people, the government can ban it?

So if cheeseburgers are, somehow, bad for people, the government can ban them?

No need to name call there larry...

the governement already regualtes a lot of those things. Ever hear of the health department?
Like i said, i dont agree with the ban.

 

[Larry Gude]

There is a huge difference...

But the legislature (who we elected) has decided that cigarettes need the same types of restrictions as lead, mercury, and food quality. If you can honestly say that lead, mercury, and food quality restrictions are constitutional, cigarette bans would likewise be constitutional. There is no difference.

...in what level of regulation is beneficial and appropriate to promoting the general welfare. Not all apples are equal. It makes sense to regulate mercury and food quality because they could have a wide ranging negative impact. It is an appropriate arean for the awesome power of government.

It is absurd to FURTHER regulate smoking given the enormous strides that have been made in voluntarily and legislatively reducing smoking's impact on the general public which is absolutely negligible compared to bad meat and mercury poisoning.

 

[Larry Gude]

Yes...

No need to name call there larry...

the governement already regualtes a lot of those things. Ever hear of the health department?
Like i said, i dont agree with the ban.

...ever read any of my posts?

It is reasonable for the government to regulate EVERYTHING?

No.


So, why and what and why not and so forth. Some people believe there is a compelling need for government to ban smoking every where. Some people think it's too much and some people think it's unconstitutional and people have no care or thought for the can of worms this opens.