Is Marylands new smoking ban Constitutional?

[awpitt]

...and that's what we're arguing; the Constitutionality of government regulating a legal activity on private property.

Smoking IS legal. As is drinking alcohol and eating cheeseburgers, loud music and bad perfume.

Smoking and drinking alcohol are both legal; however, if someone under the age of 21 is found to be drinking on your private property, they will be busted for possession and you’ll be busted for contributing to the delinquency of a minor. Same goes for cigarettes ,except the age threshold is 18. There is government regulation of legal activities on private property.

 

[Larry Gude]

Do you...

Smoking and drinking alcohol are both legal; however, if someone under the age of 21 is found to be drinking on your private property, they will be busted for possession and you’ll be busted for contributing to the delinquency of a minor. Same goes for cigarettes ,except the age threshold is 18. There is government regulation of legal activities on private property.

...honestly not see the obvious retort to that one?

Yes, government regulation is legal and even appropriate; building codes, public nuisance ordinances, I've mentioned food safety. So, is there a limit? Is there such a thing as too far?

 

[Larry Gude]

Oh...

Is it really a ban? If it is either SB91 or HB359 there are plenty of loopholes to allow for smoking inside these establishments.

...I'm sorry. Apparently, this is all much ado about nothing.

 

[vraiblonde]

There is government regulation of legal activities on private property.

No - because those have age restrictions and are not legal for minors. Therefore the government isn't regulating legal activity on private property.

 

[Larry Gude]

Then...

I voted Yes. Sorry, Larry, but the 4th doesn't cover this. It covers warrents, Merranda, etc.

...for the sake of argument, when Annapolis knocks on your door and takes away your cheeseburger for the same reasoning they are using now, exactly what will be your justification to say to them;

"You can't do that!"

 

[MMDad]

...honestly not see the obvious retort to that one?

Yes, government regulation is legal and even appropriate; building codes, public nuisance ordinances, I've mentioned food safety. So, is there a limit? Is there such a thing as too far?

Did you not know that a socialist nanny state was the goal of the Democratic party? In their opinion, no there is no such thing as too far.

Look on the bright side: in four years we'll get to re-elect the same bozos.

 

[Midnightrider]

No - because those have age restrictions and are not legal for minors. Therefore the government isn't regulating legal activity on private property.

We have all kinds of restrictions on where you can use alcohol even as an adult, therefore the government is regulating legal activity on privately owned property.

 

[mAlice]

We have all kinds of restrictions on where you can use alcohol even as an adult, therefore the government is regulating legal activity on privately owned property.

Yep...and some day it's gonna' be on your private property.

 

[Midnightrider]

Yep...and some day it's gonna' be on your private property.

Maybe if i open it up to the public as a business.....

 

[vraiblonde]

We have all kinds of restrictions on where you can use alcohol even as an adult

Name one restriction the government has placed on alcohol consumption on private property. And don't say minors, because that is illegal across the board, not just on public or private property.

 

[Midnightrider]

Name one restriction the government has placed on alcohol consumption on private property. And don't say minors, because that is illegal across the board, not just on public or private property.

Think Liquor Licence..... You can't consume alcohol at places that are open to the public but do not have a LL.

How about open containers in cars........

 

[mAlice]

Maybe if i open it up to the public as a business.....

How is that different than opening up your home to friends? As usual, you're missing my point.

 

[Midnightrider]

How is that different than opening up your home to friends? As usual, you're missing my point.

no, as usual you are just dense....

 

[Vince]

Yep...and some day it's gonna' be on your private property.

And it's coming. I'm just wondering what will happen. Will the masses bend over and take it, or will they rebel? Myself, I'm a non-smoker, but I still feel our rights are being infringed upon. The government is gradually taking them away. Soon you will be told you can't smoke while driving, you can't smoke in your own home, and you won't be able to smoke outside because you'll be poluting the air. I know it may sound far fetched, but in the great state of Maryland, I wouldn't put anything past them.

 

[vraiblonde]

You can't consume alcohol at places that are open to the public but do not have a LL.

Like what? A grocery store?

I assume that that is THEIR policy, not a state law.

And you can indeed consume alcohol in public places that do not have a liquor license. The park. The beach. They just can't *sell* alcohol without a license.

 

[vraiblonde]

How about open containers in cars........

There's a good one. I guess the assumption is that you wouldn't have an open container unless you were drinking it. And drunk driving is against the law.

When I was a kid there was no open container law. As long as you weren't drunk or driving erratically, they didn't care.

 

[mAlice]

And it's coming. I'm just wondering what will happen. Will the masses bend over and take it, or will they rebel? Myself, I'm a non-smoker, but I still feel our rights are being infringed upon. The government is gradually taking them away. Soon you will be told you can't smoke while driving, you can't smoke in your own home, and you won't be able to smoke outside because you'll be poluting the air. I know it may sound far fetched, but in the great state of Maryland, I wouldn't put anything past them.

See? You get it...and Midnight Moron calls me dense.

 

[Midnightrider]

Like what? A grocery store?

I assume that that is THEIR policy, not a state law.

And you can indeed consume alcohol in public places that do not have a liquor license. The park. The beach. They just can't *sell* alcohol without a license.

Drinking in public is indeed illegal, ask all those who get arrested at the tiki bar next week for being outside the desigated drinking area- which is a temporary expansion of the tiki property.
As for drinking in a car, it is illegal to drive drunk, but what about having an open container in a car. What if the passenger is drinking, its still illegal-yes

 

[Frustrated]

Constitutionality Issue

I think that this issue is unconstitutional from the perspective that there is nothing in the constitution that gives the government the right to limit someones rights to use his/her property anyway that they choose with in certain limits. If a proprieter wants to allow smoking, then it is the patrons choice to either use the services or not. The government only has the right to enact this law if we allow them too.