beerkitten (beerkitty) wrote in slf_denver,
beerkitten
beerkitty
slf_denver

Smoking bans unconstituional??? No Shit!!!!

I watched a film last night on my local PBS station, and it was truly something I was surprised beyond belief to see aired. The film? "America: Freedom to Fascism", by Aaron Russo
. Two hours later, I am even more sure about my stance against the Nanny State of the Union (which, I must say, is now even more of a police state in my mind). Check it out - seriously. I cannot recommend it enough, no matter where you stand, politically.

Anyway, after seeing that film last night, I continued thinking about our constitution and how so many of the laws that are enacted these days are contrary to that document, not only in stance, but also in being enacted without consult with the People of the US. Which of course brings me to the prevalence of smoking bans.
Here in Colorado, a proposed ban was given to the public vote quite a few years ago. It did not pass. Our elected congress decided that even though the voting public did not want the ban, they knew what was good for us, and passed it in committee last year.
This is not right.
It violates private property rights, and was enacted without the will of the people.

On 4/14/07, Adams County Judge Doyle ruled on the unconstituional nature of the Colorado smoking ban.
Judge Robert Doyle ruled on April 5 that the law is unconstitutional primarily because it denies due process because it does not provide an opportunity for bars to establish themselves as "tobacco bars" before the effective date of the law. Tobacco bars are protected under the ban.
Additionally, Doyle found the statute denies equal protection by treating casinos and airports differently than common everyday bars. Smoking is allowed in a special smoking lounge at Denver International Airport. The Adams County district attorney is appealing the ruling.


http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=4085
http://www.koaa.com/news/view.asp?ID=7385

This doesn't even touch on the fact that this law was not voted into being in a democratic fashion by allowing the voting public to decided if they wanted this law.

I feel like i have lost my train of thought here....

Something more needs to be done.
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