Smoking Bans and Crimes? - Page 2

ItalianFX · #11 10-10-2007, 05:41 PM

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If bar owners allow you to smoke in a non-smoking bar, it's is a crime on owner's side, not on the smoker's. Am I wrong?

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No. It is a crime for both of you. If a crooked cop sold you some heroin that doesn't mean that because the cop is crooked the heroin isnt illegal

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heroin is illegal, cigarettes are not.

stabn · #12 10-10-2007, 05:41 PM

Italian,

As far as washington state's smoking ban goes you are correct, it is not illegal, it is an infraction and subject to a civil fine:

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1) Any person intentionally violating this chapter by smoking in a public place ((not designated as a smoking area)) or place of employment, or any person removing, defacing, or destroying a sign required by this chapter, is subject to a civil fine of up to one hundred dollars. Any person passing by or through a public place while on a public sidewalk or public right of way has not intentionally violated this chapter. Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. The provisions contained in chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except as follows:

(2) When violations of RCW ((70.160.040 or)) 70.160.050 occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a civil fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.

(3) Local health departments shall enforce RCW 70.160.050 regarding the duties of owners or persons in control of public places and places of employment by either of the following actions:

(a) Serving notice requiring the correction of any violation; or

(b) Calling upon the city or town attorney or county prosecutor or local health department attorney to maintain an action for an injunction to enforce RCW ((70.160.040 or)) 70.160.050, to correct a violation, and to assess and recover a civil penalty for the violation.

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As far as other state's go i don't know how they classify them.

ItalianFX · #13 10-10-2007, 05:42 PM

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Also, serious answer: something can be against the law (smoking in a restaurant) but doing it is not a crime. There are different types of laws, the violation of every law does not constitute a crime.

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That's what I'm trying to say!

TheBigPicture · #14 10-10-2007, 05:44 PM

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If bar owners allow you to smoke in a non-smoking bar, it's is a crime on owner's side, not on the smoker's. Am I wrong?

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No. It is a crime for both of you. If a crooked cop sold you some heroin that doesn't mean that because the cop is crooked the heroin isnt illegal

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heroin is illegal, cigarettes are not.

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Oh yes they are when they are being smoked in an area the law has deemed illegal.

kutuz_off · #15 10-10-2007, 05:46 PM

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Also, serious answer: something can be against the law (smoking in a restaurant) but doing it is not a crime. There are different types of laws, the violation of every law does not constitute a crime.

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That's what I'm trying to say!

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OK, I get it. This is a misdameanor-type offense or some such. However, just because the name of the class is "Economics of Crimes" doesn't mean it can't or shouldn't be discussed there. Nobody would ever title a course "Economics of Crimes, Misdemeanors, Infractions and Copyright Infringement".

TalkingDonkey · #16 10-10-2007, 05:46 PM

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The only crime is that there are smoking bans anywhere, for any reason. As your president, I will enforce mandatory smoking in the childrens oncology wings of hospitals, in the fresh food areas of grocery stores, and in the faces of soccer moms and their ugly babies. I will also enforce mandatory post-birth abortions of anyone I deem unfit to have been born.

mbillie1 '08

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Thanks for making this post, you really made my job easier. This pretty much sums up the attitude of the anti-smoking Nazis and is a big reason why I, even as a non-smoker, oppose smoking bans. Anti-smoking crusaders are some of the most patronizing, condescending, holier-than-thou people I have ever met.

Why does your "right" to smoke-free air take precedence over a smoker's right to make a choice, however harmful to his health it may be? Sorry, this isn't Animal Farm; you are not more equal than a smoker. Stop pretending like you're better than everyone else because you don't smoke.

mbillie1 · #17 10-10-2007, 05:46 PM

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Oh yes they are when they are being smoked in an area the law has deemed illegal.

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Again dude... "against the law" does not automatically = "crime". It's illegal to have a monopoly. Was Bill Gates arrested? No, he was told to change the business structure, given a timeframe to do it in, etc. Same with this. There are plenty of things that are against the law that are not "crimes"

mbillie1 · #18 10-10-2007, 05:48 PM

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Also, serious answer: something can be against the law (smoking in a restaurant) but doing it is not a crime. There are different types of laws, the violation of every law does not constitute a crime.

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That's what I'm trying to say!

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OK, I get it. This is a misdameanor-type offense or some such. However, just because the name of the class is "Economics of Crimes" doesn't mean it can't or shouldn't be discussed there. Nobody would ever title a course "Economics of Crimes, Misdemeanors, Infractions and Copyright Infringement".

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CRIMINAL LAW IS ONLY ONE PART OF LAW... this is not even relevant in a discussion of crime or criminal law any more than the FDA requiring McDonalds to list the nutritional content of their meals ffs

ItalianFX · #19 10-10-2007, 05:48 PM

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Also, serious answer: something can be against the law (smoking in a restaurant) but doing it is not a crime. There are different types of laws, the violation of every law does not constitute a crime.

[/ QUOTE ]

That's what I'm trying to say!

[/ QUOTE ]

OK, I get it. This is a misdameanor-type offense or some such. However, just because the name of the class is "Economics of Crimes" doesn't mean it can't or shouldn't be discussed there. Nobody would ever title a course "Economics of Crimes, Misdemeanors, Infractions and Copyright Infringement".

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I have yet to find an article that states anything about the crime or violation of smoking bans. Everything I find is basically about the effects of smoking bans on health, restaurants...

kutuz_off · #20 10-10-2007, 05:49 PM

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Why does your "right" to smoke-free air take precedence over a smoker's right to make a choice, however harmful to his health it may be? Sorry, this isn't Animal Farm; you are not more equal than a smoker. Stop pretending like you're better than everyone else because you don't smoke.

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Let's hijack ItalianFX's thread, why not.

Why does your right to drive or cross streets safely take precedence over another person's right to "make a choice, however harmful to his health it may be". Drunk driving laws should be kicked to the curb!