fort wayne right Weblog

REAL REPUBLICANS FOR REAL CHANGE

SMOKING BAN FORT WAYNE

Posted by zeakster on February 9, 2008

A few items i pulled on a quick search it seems that the state constitution in several areas makes this law very iffy at best. the first i have would suggest that you would have to ban smoking completely public and private to be lawful. because one citizen should not have different rights from any other (if you say a bar waitress has the right of a smoke free workplace a spouse has to have the same rights at home). the next may be a little tricky. no where in the states constitution does it say that anyone has the authority to enforce a partial ban.

the third article is what happened in pa. granted the constitutions are different but it was fought over and the pro smokers won.

one that i did not list but shows up in every constitution or bill of rights is the ability to pursue happiness. i know this is vague but i think this is the key to lifting these bans nation wide. the argument against would be that people working with smokers arent happy but the counter argument is that these people can find work elsewhere. there are many dangerous jobs and no government has the right to stop those jobs on the danger basis alone.

if i were still a smoker i would start a suit myself but since ive not had a cigarette in 6 years any case i would bring would be thrown out. why you ask have i sided with the smokers? its simple we have inalienable rights and slowly but surely they are being taken away from us we have started down this slippery slope and its time to put a stop to it.

Section 23. Equal privileges and immunities

Section 23. The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.

Section 25. Laws–Taking effect

Section 25. No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.

http://www.zwire.com/site/news.cfm?newsid=18375281&BRD=2212&PAG=461&dept_id=465812&rfi=6

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