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Author Topic:   Smoking Bans
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 2 of 151 (505496)
04-12-2009 9:39 PM
Reply to: Message 1 by Straggler
04-12-2009 7:09 PM


Straggler writes:
Is this an essential public health measure or an infringement of individual rights?
When they invent a smokeless cigarette, then it's a public health issue. As long as cigarettes give out smoke, it is an infringement on MY RIGHT to breathe fresh air.

This message is a reply to:
 Message 1 by Straggler, posted 04-12-2009 7:09 PM Straggler has replied

Replies to this message:
 Message 3 by Straggler, posted 04-12-2009 10:08 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 6 of 151 (505510)
04-13-2009 1:24 AM
Reply to: Message 3 by Straggler
04-12-2009 10:08 PM


Re: Legal Limits
Straggler writes:
Is smoking on private property that is not a public space something that should remain legally permissable or not?
There isn't any single answer to this question. The answer to this is common sense. Consider the following question. Is having sex on private property that is not a public space something that should remain legally permissible or not? How would you answer this question? Surely, it depends on the situation. Having sex in front of little kids in your own home is illegal. But just having sex in the privacy of your own home is completely legal.
Catch my drift?
For example should it, in your opinion, be legal or illegal to smoke in the home when this results in children being subjected to passive smoke?
Common sense.
Would you consider the law as it currently stands to be about right, not restrictive enough, or too stringent?
Not restrictive enough. I was driving to work the other day and I looked over at the car driving next to me. There was a male and female in the front seats. In the back was a baby. Both the adults were smoking with their windows completely closed. How is this not child abuse?
I've been looking for any kind of law to file a complaint against people like that. Unfortunately, with our current laws there ain't a thing I can do about it.

This message is a reply to:
 Message 3 by Straggler, posted 04-12-2009 10:08 PM Straggler has replied

Replies to this message:
 Message 7 by anglagard, posted 04-13-2009 2:24 AM Taz has not replied
 Message 12 by Straggler, posted 04-13-2009 7:47 AM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 24 of 151 (505555)
04-13-2009 1:54 PM
Reply to: Message 12 by Straggler
04-13-2009 7:47 AM


Re: Legal Limits
Straggler writes:
Whilst I am not entirely unsympathetic with the sentiment of your comments I am intrigued as to how you reconcile these two seemingly contradictory conclusions?
You have stated that smoking in the home where children are present should be a matter of common sense and not law, but smoking in ones car with children is something that you seem to strongly feel should be criminalised.
You misunderstand me.
Is "thou shalt not kill thy neighbor" not common sense? Is "thou shalt not lie to thy neighbor" not common sense? Is not driving down the interestate at 125 MPH drunk with your 5 yr old sitting in the back unrestraint not common sense? (As a public servant, I had to respond to such a case a few days ago... the situation with the little girl sitting in the back while her mom was driving 125 MPH with an blood alcohol level of .17 really pissed me off.)
But all these common sense stuff have been criminalized.
Just because it is common sense doesn't mean we can't criminalize it. Unless you would like to argue that the two are unrelated?
Are both ones home and ones car not equally private personal spaces?
But surely, private personal spaces does not necessarily mean I-can-do-whatever-the-hell-I-want spaces. Example: I breed out kids --> I smoke pot in the privacy of my home with my kids --> I make the argument that it's the privacy of my own home --> then I complain why I'm being persecuted.

This message is a reply to:
 Message 12 by Straggler, posted 04-13-2009 7:47 AM Straggler has not replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 27 of 151 (505558)
04-13-2009 2:06 PM
Reply to: Message 22 by Straggler
04-13-2009 9:39 AM


Re: Legal Limits
Straggler writes:
However if it is being proposed by Taz that the current law should be extended to banning smoking in the home under certain circumstances (i.e. when children are present) then I think that opens up another area of fairly contentious questions regarding both privacy and the practicality of enforcement.
How so? Neither privacy nor practicality of enforcement necessitates you-can-do-whatever-the-hell-you-want. Again, speaking as a public servant, I can't really care less if you drink your nights away. Drinking and driving with your 5 yr old in the back not in proper child restraint I have a problem with.
But then what about the privacy of your own home, you may wonder? I've responded to cases where the drunk parents almost killed their kids through reckless and even criminal actions. And then their lawyers had the guts to blame the alcohol instead of reckless conduct.
Regarding practicality of enforcement. Just because it's hard to enforce doesn't mean we shouldn't have a law against it. As it stands, just about every traffic and criminal law we have on the book is hard to enforce. How would you suggest we go about preventing a meth cook and addict from getting their kids hooked on meth? We have a saying among us _________, it's not a meth lab unless it has (1) porn and (2) children addicted to meth through "second hand meth".
Common sense and the law are not mutually exclusive.
P.S. - And people wonder why I'm so grumpy.

This message is a reply to:
 Message 22 by Straggler, posted 04-13-2009 9:39 AM Straggler has replied

Replies to this message:
 Message 28 by Rahvin, posted 04-13-2009 2:22 PM Taz has not replied
 Message 29 by Straggler, posted 04-13-2009 2:28 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 44 of 151 (505584)
04-13-2009 6:18 PM
Reply to: Message 29 by Straggler
04-13-2009 2:28 PM


Re: Legal Limits
Straggler writes:
Just to be absoluetly clear - Are you saying that smoking in the privacy of ones home when children are present should also be illegal?
Yes.
By the same logic you apply to smoking at home should there be laws regarding these issues given that obesity is one of the major health epidemics in the Western world and in particualr the US?
Yes.
Should we have a legal limit on the number of hours a child can watch TV per day?
May be. I think there should be laws against corporate campaigns aimed at kids. Not too long ago, the cigarette industry targeted young people through ads and commercials. I still remember some of these ads.
Should there be a legal minimum stipulated as to the amount of physical exercise a child should undertake per day?
Haha, you're talking to a health freak.
I don't know if you are aware of this, but you are slowly slippery sloping from what an issue of what kinds of health risks IMPOSED on the children by parents to what kinds of health habits we should IMPOSE on the children themselves. Again, I don't know if you're doing this on purpose, but it seems like you're baiting me.
Should there be a legal limit on the amount of time parents can spend on internet debate sites in order to ensure that their kids are not neglected?
Don't know.
Sould all harmful practises be illegal? How do we determine which should and which should not?
Common sense.
By making such practises illegal and enforcing the law as far as is practically possible.
And these practices are illegal. Yet, we have meth cooks and meth labs all over the place.
The point is where is the line that we draw regarding that which we socially frown upon and that which we make illegal?
You seem to be sugesting that this is a black and white open and shut case. But it isn't.
But it is black and white open and shut case.
Simple question. Do you or do you not agree that children, particularly babies and toddlers, shouldn't be forced to breathe in cigarette smoke? Seems pretty black and white to me.
Edited by Taz, : No reason given.

This message is a reply to:
 Message 29 by Straggler, posted 04-13-2009 2:28 PM Straggler has replied

Replies to this message:
 Message 45 by Straggler, posted 04-13-2009 6:27 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 47 of 151 (505591)
04-13-2009 7:54 PM
Reply to: Message 45 by Straggler
04-13-2009 6:27 PM


Re: Legal Limits
Straggler writes:
Whose common sense? Yours? Mine? Somebody elses?
Mine, of course. Haha, just joking.
I'll address this question later in my post.
Is it?
Yes, it is.
What counts as a child? Why?
The legal definition should be good.
What counts as the home? Why?
The legal definition should be good.
What counts as common sense? Why?
I'll address this later.
Answer the questions above and we will see how simple the question really is.
Answer the questions above and we will see how much you and I actually disagree.
We might also be able to ascertain how difficult or possible this agreement (or otherwise) is possible to transcribe into meaningful laws.
As previously stated I remain open to argument on this.......
Are you going to answer the question or not?
Common sense can be described as "I know it when I see it". I'm not going to pretend I can write out a description of what constitutes common sense the way lawyers can. As I type this, I am looking at the big blue book that contains the criminal laws of my state. I make a living reading it and interpret it. Doesn't mean I can write like it.
The point is just because I can't tell you what it is because of my limits doesn't mean I don't know it or you don't know it.
We rely on common sense to get through the day. We drive to work everyday while and not crashing into other cars because we have common sense. Our common sense tells us what to do and what not to do. When I first started my current career path as a public servant, my then mentor said it best. What the people out there really need is for us to help them follow their common sense. Even the people who have done wrong know it's wrong because they have common sense.
With that said, answer the bloody question. Do you or do you not agree that kids shouldn't be forced to breathe in cigarette smoke by their parents? It's a straight forward yes or no question.

This message is a reply to:
 Message 45 by Straggler, posted 04-13-2009 6:27 PM Straggler has replied

Replies to this message:
 Message 50 by Straggler, posted 04-14-2009 1:16 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 51 of 151 (505655)
04-14-2009 5:31 PM
Reply to: Message 50 by Straggler
04-14-2009 1:16 PM


Re: Common Sense and Law
Straggler writes:
Of course I don't think kids should be forced to breathe cigarette smoke. The question is how do you effectively and meaningfully legislate that intent without trampling over a whole host of other principles and practicalities that arguably also "shouldn't" be transgressed?
I don't see the slippery slope that you keep referring to. The way I see it, you treat it the way we would treat parents who knowingly expose their children to sexualized environments or things like meth use.
Legislation that is based on judgements of "common sense" or "obviousness" does nothing but make lawyers rich and law-enforcers pissed off with the ineptitude of the law-makers. Laws need to be as specific and unambiguous as possible otherwise they become unworkable and pointless. That is why lawyers get paid for translating what you are calling "common sense" into highly detailed definitions in the form of "lawyer-speak".
I never claimed that legislation of this case should be based on common sense. I said the matter is common sense like not killing someone or not driving 125mph down the highway with your 5 yr old unrestrained. But because so many people don't have common sense, we have to come up with legislations to regulate people's actions on these fronts. Why would exposing kids to nicotine and other addicting compounds any different?
Is it really reasonable to allow such definitions, inspections, assessments and the access granted to local authority officials required for these judgements to take place to be applied to the private and personal living spaces that we call our homes?
I may be wrong but I would suggest that vast majority of people would say not.
Again, you're stating the issue while ignoring really important factors. Why would a law be put in place regarding this issue in the first place? Is it because the spirit of the law is to allow other people to not have to suffer what others are doing? Why would it suddenly change in your home?
Again, I must point to sex. Have you tried having sex with someone else in a public place? I'm pretty sure it's illegal where you're at. Why aren't you arguing that you have the right to have sex in front of your kids in the privacy of your own home, or car?
Should pregnant mothers caught smoking be convicted on the same basis?
I admit that this is a complicated issue, just like pregnant women drinking and using drugs. That doesn't mean we can't try to do something about it.
And why just children? If you are going to ban smoking in the home why not protect everyone?
Because non-children (aka adults) have the choice of leaving the home so you can enjoy your smoke. Children can't. They're dependent on the adults who suppose to take care of them.
A similar reason was given for banning smoking in public places in my state recently. The argument was put forth by many, including myself at the time, that private places like bars and stuff shouldn't be included in the law. But then I came across the explanation that those places are people's work places, too. By making people breathe in what others smoke, we've been forcing people to choose between their job for their livelihood and their health. Overnight, I changed from pro-smoking to pro-breathe.
I also am not opposed to the idea that government has a role, even a duty, to impose legislation on the populace to that end. But I just cannot for the life of me see how effective and workable laws on such matters can be applied to private homes in the same way that they can to public spaces without necessarily resulting in a gross invasion of both personal privacy and civil liberty. If we are going to go down that road then, in my opinion, better to go the whole hog and stringently restrict the sale and use of tobacco (to "coffee shop" style establishments) and deal with the consequences of that instead.
The way I see it, we can treat it like every other child endangerment, neglect, or other child rearing related laws.
When my state first came out with its strict seat belt law, people were arguing left and right that their freedom to choose not to use the seat belt was infringed. What people don't now realize is the rate of fatalities in highway crashes took a nosedive. The same with child restraint laws.
Edited by Taz, : No reason given.

This message is a reply to:
 Message 50 by Straggler, posted 04-14-2009 1:16 PM Straggler has replied

Replies to this message:
 Message 60 by Straggler, posted 04-15-2009 4:43 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 75 of 151 (505724)
04-15-2009 8:44 PM
Reply to: Message 60 by Straggler
04-15-2009 4:43 PM


Re: Common Sense and Law
Straggler writes:
Yes you did. You suggested that the law could be implemented on a "I know it when I see it" basis.
No, I didn't. I even spelled it out that I'd let the lawyers work on the wordings of the legislation. Regarding "I know it when I see it", I was referring to the obvious wrongness of the situation.
I am glad to hear that you have retracted this nonsensical notion.
I didn't retract anything because I never said the legislation should be based on my common sense. You're certainly persistent at misreading what I wrote.
Firstly - Just because we don't always use legislation to solve social health problems does not mean we do nothing. Nobody here is proposing that "do nothing" is the answer to the question at hand.
Yes, you did. When you suggested or implied that society should have a hands-off attitude when it comes to the privacy of people's homes and how they raise their kids, you basically said "ok, let them do whatever they want."
Secondly - Thank you for finally conceding that these issues are not as entirely black and white as you have thus far been repeatedly asserting.
Again, your persistence at misreading what I wrote is getting tiring. On a general basis, these issues are complicated. This does not mean if we look at case by case they are just as complicated.
Again, answer the bloody question. 2 adults smoking in the car with their windows up and their baby in the back seat. That's a specific case. That's not complicated. It's a yes and no issue. Black and white.
Example: To see obviously pregnant women smoking in Britain is rare to the point of notable. Shocking even. This is not the result of legislation. This change in personal behaviour and social attitude is the result of a long term and reasonably successful public health awareness campaign.
And what about the ones that insist on keep smoking and drinking while pregnant?
It is not about a slippery slope. I have never used the term "slippery slope". It is about a largely unenforcable and thus ineffectual law that has undesirable consequences for civil liberties.
Yeah, and the pope's religion condemns gay people. But I never used the word catholic...
Just because you never used the word slippery slope doesn't mean you never described it.
Anyway, about the unenforceable part, the same can be said about a myriad other things. That said, I still don't see how civil liberties could be affected by this. Are you referring to the parents' right to cause all kinds of health problems in their kids?
I quoted you the specific example of the actual English anti-smoking laws as applied to public spaces in my previous post. How on Earth do you propose that these, or similar, restrictions be applied to private homes in any practical sense? If a self proclaimed arbiter of "obviousness" such as yourself accuses someone of breaking the laws you are proposing, how do the law enforcement authorities determine whether or not the law has actually been broken?
There you go again. Please understand why I am frustrated. You're like a creationist.
My argument is not and has never been to ban people from smoking inside their own homes. That's a ridiculous position to take. My argument is about exposing children, whose biological systems haven't been fully developed yet and are a lot more susceptible to the various diseases that would result in later parts of their lives. Stop arguing against a strawman, for christ sake.
What about those who are dependent for reasons other than youth (aka adults)? Old age, physical disability etc. etc. Why do you not apply your rationale of choice in these cases?
That's why I referred back to the already existing laws. If you had just think about it for 2 damn seconds and use common sense... there's that magic phrase again. Ever heard of elder abuse? Or the mentally retarded? The disabled?
So, when I said adults could get up and leave, you should have used your common sense and expand on that thought. But no, you had to argue like a creationist and make me spell out each step of the way.
To extend the current laws to private personal spaces has very little effect on solving the health problem in any practical sense whilst having a very major effect on the ability of government authorities to misuse it's powers.
That's it, keep arguing against a strawman.
Most parents will go to extraordinary lengths to protect their children from serious harm.
Yeah, and most people don't walk down the interstate while hundreds of cars are passing by going 70-80 mph. And yet every once in a while, we have someone do that and get hit.
Most parents will not smoke inside a car with the baby in the back. These are rare instances, just like murder and rape. Again, speaking as a public servant, do you have any idea how many cases of child abuse and neglect I come across? Compared to the rest of society, these cases are rare. That's why we have laws against them.
It may not work in every single instance (what will?) but better to utilise this near universal instinct through relentless eduction of the harm caused by passive smoke than to inflict ineffectual laws that are both resented and near impossible to enforce.
Resented? Can you imagine the bill boards of protesters that say "I have the right to kill my child" and "My children love to smoke"?
It is my opinion that the law you are advocating is both practically ineffectual at tackling the health issue under discussion whilst also being a fine example of a badly conceived law that is all too open to misuse.
People said the same about seat belt law in my state just half a decade back. Ever since it came out, the number of fatality in crashes have been at an all time low. In fact, most fatalities I know of happened because those dumbfucks refused to have their seat belts on.

This message is a reply to:
 Message 60 by Straggler, posted 04-15-2009 4:43 PM Straggler has replied

Replies to this message:
 Message 90 by Straggler, posted 04-16-2009 6:56 PM Taz has replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 109 of 151 (505822)
04-17-2009 9:58 PM
Reply to: Message 90 by Straggler
04-16-2009 6:56 PM


Re: Common Sense and Law
First of all, holy cow this is a huge post.
Straggler writes:
Do you think we can legislate our way out of every social problem?
Under what circumstances is legislation not the answer?
Depends. There are many social problems that the effects are severe enough for us to legislate them.
Which situation specifically? What elements need to be legally defined in order to effectively legislate against this situation? "Wrongness" that is "obvious" to who exactly?
Yeah, and I take it you can also argue that porn is and isn't porn depending on who's watching?
Do I need to go back and quote one of your numerous little rants advocating "common sense" as the be all and end all as to what the law should be on this matter?
You can go right ahead and try to bring up as many quotes as you want. My argument has always been that there are things that people should and shouldn't do simply based on common sense, but because some people don't have such common sense we have to legislate them. Murder is one example. Theft is another. As a matter of fact, just about every law in the book should simply be something you'd do or don't do on your own simply based on your common sense. But because there are people who lack such common sense, we had to have lawyers spending hundreds of hours writing out explanations to why we need those laws.
Actually, the fact that most people go about their daily lives without having the need to refer to the law book to be law abiding citizens should be enough to tell you that you only need your common sense.
Are you going to address the practical application of applying such criteria to private homes or not?
And how many times do I have to repeat myself on this? I am not in anyway advocating a smoking ban in people's private homes. That's a ridiculous position to take. I see it the same as the various anti-sodomy laws that were in place before 2001 when they were finally struck down by the US supreme court. Notice that nowadays (and even your common sense should tell you) that the fact that performing sexual acts in the privacy of your home isn't the problem. The problem arises when there are children involved.
Ahem. Straw man alert. Non-legislative answers are not "do nothing" by any stretch of the imagination. I gave you a specific relevant example of a reasonably effective non-legislative approach in action with regard to pregnant smoking. An issue that you seem reluctant to apply your otherwise all encompassing notions of "wrongness" and "obviousness" to.
Oh, I noticed your example there. Too bad, it hasn't worked where I'm at. We've been campaigning for years.
I'm not quite sure why it has worked in your part of the world and not in my part, but I suspect it has to do with culture. Here in the US, there just isn't as much the sentiment to do right. I guess my pessimism comes from the fact that I encounter people who just don't care on a daily basis.
For the record if I could be convinced that we could effectively legislate the banning of smoking in private homes around children (or indeed others) without creating laws that are highly open to abuse in other ways that have nothing to do with public health then I would support that legislation.
It really depends on who's writing the law and how strict we are at interpreting it. In my state, there has always been a ban on possessing metal knuckles. Recently, they had to change the wordings because the bad guys began to get the plexiglass ones.
Go back and read your earlier posts Taz. Black and white. Right or wrong. "Obvious wrongness". "I know it when I see it". Wholly based on blindly imposing idealised concepts without any thought for the pragmatism of differing practical situations.
Are we going to start quote mining each other here? All those phrases I used to describe specific situations. One of those was 2 adults smoking in a car with their windows closed and the baby in the back. And you haven't answered the question. What do you think of this very specific case?
you writes:
me writes:
Because an adult can simply get up and leave your home. Your kids can't because they are dependent on you.
What about disabled people and the mentally retarded?
me writes:
That's why I referred back to the already existing laws. If you had just think about it for 2 damn seconds and use common sense... there's that magic phrase again. Ever heard of elder abuse? Or the mentally retarded? The disabled? So, when I said adults could get up and leave, you should have used your common sense and expand on that thought. But no, you had to argue like a creationist and make me spell out each step of the way.
When it comes to legally defining the law that you are advocating whose "common sense" should be used?
Perhaps I wasn't clear enough. One of the most frustrating things about debating a creationist is they are dense and make you spell out everything.
That quote I gave about common sense was a respons to your question in the previous post. In no way was I trying to say the law should be based on common sense. I was telling you to use your common sense and not act like a creationist. By not expanding a thought on your own, you act like a creationist.
1) I referred back to already existing laws, including rape laws.
2) I explained why kids are a vulnerable class and therefore should be protected while adults can just get up and leave.
1 revamped) in currently existing laws, there are many similarities between protection of minors and protection of the disabled and those who cannot help themselves.
3) You should have used your common sense and conclude when I said children and referring back to already existing laws I was already covering the disabled and those who cannot help themselves. Instead, you acted like a creationist and nitpicked what you thought to be a hole in my argument.
Which kind of proves my point that some legislation is pretty ineffective at stopping undesirable practices actually occurring. If one of these ineffective laws also creates other seperate negative consequences that have nothing to do with the issue the law (ineffectually) attempts to address then are we not better off without that particular law in practical terms?
Are you suggesting we shouldn't try to legislate some of these things simply because they are hard to enforce?
Can you give me an example of how a law legislating the use of tobacco around kids might be misused?
Disclaimer: When I said tobacco, I was actually referring to cigarettes. I don't want to see something like "how is chewing tobacco harmful to kids?"
As to your questions, I'll review them and give you an answer later.

This message is a reply to:
 Message 90 by Straggler, posted 04-16-2009 6:56 PM Straggler has replied

Replies to this message:
 Message 113 by Straggler, posted 04-18-2009 4:34 AM Taz has not replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 122 of 151 (505982)
04-21-2009 3:04 AM
Reply to: Message 121 by Perdition
04-20-2009 3:03 PM


Re: Smoking while pregnant
Perdition writes:
Yes, I recognize that seat belts save lives. I think everyone should wear seat belts when in a car. I don't think it is the government's job to force people to take care of themselves.
I know this is a little off topic, but it's just a pet peeve of mine.
The state issues driver's license. Technically speaking, your driver's license does not belong to you. It belongs to the state. You're just borrowing it from the state under certain conditions. In the state of Illinois, one of the conditions is you have to have your seat belt on. If you don't want to put seat belt on, that's perfectly fine with the state. Just give back that driver's license to the secretary of state.

This message is a reply to:
 Message 121 by Perdition, posted 04-20-2009 3:03 PM Perdition has replied

Replies to this message:
 Message 123 by Perdition, posted 04-21-2009 10:34 AM Taz has not replied

  
Taz
Member (Idle past 3321 days)
Posts: 5069
From: Zerus
Joined: 07-18-2006


Message 126 of 151 (506008)
04-21-2009 4:10 PM
Reply to: Message 124 by onifre
04-21-2009 12:38 PM


Re: Smoking while pregnant
Spoken like a true anarchist.

This message is a reply to:
 Message 124 by onifre, posted 04-21-2009 12:38 PM onifre has replied

Replies to this message:
 Message 130 by onifre, posted 04-21-2009 6:33 PM Taz has not replied

  
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