can I sue the government for infringement of my human rights when the smoking ban comes in?

Question

I do not want the ban lifted, I just think that there should be pubs that allow smoking for those that want to.

Answer 1

No you cannot.

Answer 2

Can the rest of us sue YOU for polluting our air and infringing on our rights? After all, those of us that don't smoke have the right to clean air and shouldn't have to be worried about our health because of the habits of others. That said, I'm all for "smoking pubs" or places where smokers can hang out with eachother and smoke until they can't smoke any more. You SHOULD be able to smoke if that's your choice, I just don't want to sit down to a nice dinner in a cloud of smoke. It would be great if people could just stop smoking, but being that it's an addiction, it is not that easy. It's unfortunate, because as a nurse, I often see the effects smoking has on people...and it is really devastating. But, I don't think that suing the government is a likely option for you.

Answer 3

Sometimes it is the governements resposnibility to make laws to protect the human rights of the greater public, which means that some people must feel as if their rights are infringed upon. You chose to smoke, which is dangerous and damaging habit (I am a former smoker, so I know what I am speaking about am not just someone who doesn't like smoking). However, those around you did not make the same decision and your decision to smoke infringes upon their right to be healthy. My mom never smoked a day in her life but grew up around a smoker and now has chronic asthma, gets pnuemonia & bronchitis every year and has been told she will eventually end up on oxygen...she has poor health because of someone elses choice, so who's rights were infringed upon?

You can'r sue the government. What you need to do is accept the fact that you have a dangerous, unhealthy habit that most people in this country do not choose to support or be a part of, and that preventing you from infringing upon the rights of the majority of the public will always be a part of your choice.

Answer 4

Yes I agree! Well F*ck the government. I CO Own my pub, not only is it my business it is also my home! So I am going to smoke there and they can stick it. No one is going to tell me what I can and cant do in my own building! They quick enough to get there hands out for a % of my work with there tax....! First time I get fined, I will sell up and buy a bar in a country that treats people with respect. I mean what ever happened to freedom of choice? we have smoking and none smoking pubs? people can choose...!

Answer 5

It has never been shown that 2d hand smoke is risky. until eventually there is independent medical info i'm hostile to smoking bans. Having stated this and understanding that smoking is an annoyance to others, i imagine human beings and businesses must have a decision. in view that those who smoke are in the minority, i ask your self why such extremely some businesses withstand this ban? decision is the reply no longer bans in accordance with hysteriical supposition. There are too many guidelines because it truly is.

Answer 6

It never was government's place to enact rules prohibiting us from "what's not good for us". Government's only proper function in that area is to inform us and make sure that vendors tell us the truth about their products. Such a challenge is long overdue and should be made at any time. But it will not be an infringement of human rights, it must be a much deeper challenge to the very role of government.

Answer 7

But what about those, who don't want to breath other peoples smoke, they have a right not to. After all to be with out smoke is the healthier and natural option.
I've noticed its much cleaner in town now, you don't see so many discarded, but ends around the benches, or in the walk ways. You used to have to breath in other peoples smoke where ever you went, shops,cafes, bus stops and especially pubs. There was no escape from it.

Answer 8

There is a place they can smoke. Unfortunately they still stink when they come out. Generally it's their cars, their homes and outside the places where non-smokers (geniuses that we are) have to eat in and walk through.

But to answer your question. Yes, you can.

If you find some high-powered attorney with nothing to lose (expect credibility) and have about more money than sense... then yes. Anyone can sue anyone else.

Whether it makes it past pre-trial is the question and the answer to that is 'no'.

Answer 9

I agree, it is like being a lepper....smoking bars should be allowed and if the non-smokers don't want to go there...then don't...we should have a choice...all of us, not just the ones who don't want to be in smoking enviorments...
I smoke, and my own sister when she comes to visit on va-ca complains constantly, opens the windows wide when it is 20 degrees out...I end up on my proch freezing to please her...she has options too...my parents live about one half mile from me and have twice as much room as me...she doesn't like staying there cause she doesn't like their cat and has to pick up after herself...grrrrrrrr...it has just gone too far...in my state you can have a smoking bar if you call it a club...it's is complicated legally and so far they have not allowed one to open...many have gone out of business...you can't drink or smoke in pubs anymore..whats next?.....no ugly people or over weight people allowed at clubs...no passing gas...don't EVEN get me started..

Answer 10

No, because the government is protecting the rights of people like me who want to travel into various businesses but cannot because I cannot stand the smoke. I have as much right to be there as you do. I get sick when I sit in a smoke filled room. Those who smoke are not hurt at all.

Answer 11

I agree with you. We have Strip pubs for those who want to be sexually titillated We have Gay pubs..Why the heck can we not Create a pub for Smokers...Tobacco is a Legal substance.