Constitutional Rights?

Question

Is it not a violation of our rights to ban smoking in bars and restraunts being that they are privately owned establishments and smoking is legal. So how is it the goverment has the right to do this?

I don't care if you smoke or not I don't want your personal opinion about i don't want to breathe that and all that crap I want to know is how the goverment (cities, town etc.) can stop a legal activity in a private establishment it may be public but its privately owned and has nothing to do with the cities that are trying to ban smoking

Answer 1

Because they posed it for a vote.

The argument that they do have is that smoke does cause harm. I know smokers love their addction. But in cities where service industry is king , you ddo have to think about the people who work there. Just like factories and masks and goggles. This is a way for workers to feel safe. And owners to avaoid lawsuits.

And most smokers may not be as considerate as yourself.

I am a non smoker and i boted for non smoking workplaces.

Answer 2

When it comes to regulating an otherwise legal activity or even a constitutional right, the state (or governmental entity organized under the state) or the federal government, usually must show a compelling state interest, such as public health or public safety, in order to justify the regulation or curtailing of an otherwise legal activity or right. For over 100 years, the U.S. Supreme Court has generally followed the liberal theory that the rights of a citizen are not absolute and are subject to federal and/or state regulation, given the correct reasoning. It has nothing to do with the concept or operation of democracy as the courts have consistently held that a right enjoyed by an individual citizen is not subject to the operation of a ballot box. For instance, an individual has the right, under our federal Constitution, to counsel in a criminal trial. That right cannot be removed by a simple majority count from some ballot box.

Answer 3

I don't think smoking is mentioned anywhere in the Constitution, but the process of making and inforcing laws is.
Our government has taken on the roll of protector up and beyond what anyone would have imagined 40 years ago.
I agree that a business owner should be able to run his business anyway he wants. If customers don't like it-go elsewhere. Whoever coined the phrase "politically correct"
should be ashamed. Walk a fine line or be an outcast.
Never thought it would happen, but you can't smoke in Las Vegas restaurants anymore-including casino restaurants.

Answer 4

No, it's not against your rights. To be honest, the only one it impacts is the bar owner, because in the past, allowing smoking inside their establishment has been at the sole discretion of the ownership. This has much to do with a "laissez-faire" or "Hands off" government. If anything it is an example of government not leaving their "hands off" on what really should of been a business decision.

Your rights are still in place. You have the right to smoke. You have the right to pick which place to patronize. Unfortunately, you don't have any rights being violated here.

Answer 5

Statutory rights are those rights which may be provided under the provision of some acts of the parliament which may change over time if government so wishes but constitutional rights are not altered through any means they may be suspended for a short period during emergency declared by the government.

Answer 6

My wife is a smoker, and the other day we were sat on a wall by the river, with a car park behind us. A posh git in a huge 4x4, backed his gas guzzling vehicle into our faces, and sat with his fat obnoxious kids nearby. After a few minutes, my wife lit up a cigarette, and sat enjoying her ciggy. The posh git came up to us and said "do you mind not smoking around my children"? I explined to said , "obnoxious ya ya," that he had just backed his fume gushing vehicle into our faces,. I usually find that the people who whinge about others smoking, (in the open air too if you please.) are responsible for more polution than a bit of second hand cigarette smoke.
I have given up my local for them, and their obnoxious offspring, but I am damned if I, or my wife will be dictated to in our own village, and outdoors at that!!!

Answer 7

agreed.
it believe it to be a concealed attempt by local communities to effectively ban behaviors and legal establishments that they disapprove of or that they morally object to. at pretty much any bar about 75% of the patrons smoke. the bars allow it because they want to cater to their loyal and paying customers. if it were profitable to ban smoking for a majority of nonsmoking customers they would.

i think the intended effect is to force the bar owners to comply with laws that will negatively impact their businesses in the hope that they will close down. most rural ageing city counsel men and women see this as a way to rid their community not only of tobacco but also to "dry it out" a bit.

smokers have the right not to support or frequent establishments that do not allow them to smoke. Nonsmokers also have the right to not frequent or support establishments that allow smoking. lets let the free market, not government, decide how our businesses are ran.

Answer 8

The Goverment has the right to do this because if you choose to kill yourself by smoking that is your right and you can do it all you want but not in places where there are non-smokers, children, etc.... Smoking in front of people who do not smoke - this impends their rights, not to mention is a danger to their lives. I smoked for 17 years - quit 4 years ago. I am not anti-smoking, but I honestly don't want to smell that crap when I go out...REEKS!!!

Answer 9

There's nothing in the Bill of Rights about the right to smoke.

You can smoke if you want, but not where your smoke is going to enter someone else's nose and lungs. It is a proven fact that second-hand smoke is a danger to health and patrons and employees of restaurants and bars have a right to expect that they won't have to gasp for a clean breath when they try to eat or have a drink after work.

Smoke if you want, but realize you need to do it where the rest of us don't have to breathe it.

Answer 10

The thing here is that our government can do whatever they want...they are taking our rights away slowly but surely and it seems to be OK with most people. WAKE UP PEOPLE BEFORE YOU HAVE NO RIGHTS LEFT AND YOU WONT BE ABLE TO DO A DANG THING ABOUT IT!! This is how taking our rights away starts THE GOVERNMENT MAKES THE PEOPLE FIGHT AMONGST THEMSELVES ABOUT THE PETTY THINGS WHILE IN THE MEAN TIME ARE TAKING OUR RIGHTS AWAY, MISDIRECTION IS WHAT OUR GOVERNMENT IS GOOD AT. AS WE ARE FIGHTING OVER THESE PETTY THINGS THE GOVERNMENT IS SIGNING NEW BILLS AND LAWS THAT WE HAVE NO IDEA ABOUT. WAKE UP AMERICA AND DO SOMETHING ABOUT THIS WHILE WE STILL HAVE SOME RIGHTS LEFT!!!