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	<title>Comments on: Smoke in Belmont, Calif.? Only in single-family detached houses</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>By: Amy Alkon</title>
		<link>http://overlawyered.com/2006/11/smoke-in-belmont-calif-only-in-single-family-detached-houses/comment-page-1/#comment-4759</link>
		<dc:creator>Amy Alkon</dc:creator>
		<pubDate>Sat, 18 Nov 2006 19:24:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4185#comment-4759</guid>
		<description>I&#039;m generally a big fan and supporter of Reason, but where they get irrational, especially Jacob Sullum, whom I&#039;m otherwise a big fan of, is on the smoking issue. There&#039;s this pretense that all the studies showing that secondhand smoke is a carcinogen are just crap, and oh, it&#039;s sooo hard to measure. The fact is, they just want to willfully and babyishly continue to do what they want to do, forgetting the principle of &quot;One&#039;s right to punch another in the nose ends where the other&#039;s nose begins.&quot;

I lived in New York City before I lived in Los Angeles, and I had to move out of an apartment after a smoker moved in below me. My apartment smelled like smoke, the air was smoky, my clothes smelled like smoke...it was really unpleasant.

I have a friend who has lung cancer. Go with somebody who does to chemo. You&#039;ll understand what an utter moron you are for smoking and what a rude idiot anyone is who insists on smoking anywhere anyone else will breathe it in.

My notion: One should not smoke anywhere it would be impolite to cast out a big smelly fart. And if the farts are so smelly that they invade the neighbor&#039;s house...is it the neighbor&#039;s duty to put in new walls and a new ventilation system? Or should you stop acting like a science-denying total idiot who&#039;s a bad neighbor to boot?
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		<content:encoded><![CDATA[<p>I&#8217;m generally a big fan and supporter of Reason, but where they get irrational, especially Jacob Sullum, whom I&#8217;m otherwise a big fan of, is on the smoking issue. There&#8217;s this pretense that all the studies showing that secondhand smoke is a carcinogen are just crap, and oh, it&#8217;s sooo hard to measure. The fact is, they just want to willfully and babyishly continue to do what they want to do, forgetting the principle of &#8220;One&#8217;s right to punch another in the nose ends where the other&#8217;s nose begins.&#8221;</p>
<p>I lived in New York City before I lived in Los Angeles, and I had to move out of an apartment after a smoker moved in below me. My apartment smelled like smoke, the air was smoky, my clothes smelled like smoke&#8230;it was really unpleasant.</p>
<p>I have a friend who has lung cancer. Go with somebody who does to chemo. You&#8217;ll understand what an utter moron you are for smoking and what a rude idiot anyone is who insists on smoking anywhere anyone else will breathe it in.</p>
<p>My notion: One should not smoke anywhere it would be impolite to cast out a big smelly fart. And if the farts are so smelly that they invade the neighbor&#8217;s house&#8230;is it the neighbor&#8217;s duty to put in new walls and a new ventilation system? Or should you stop acting like a science-denying total idiot who&#8217;s a bad neighbor to boot?</p>
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		<title>By: J.T. Wenting</title>
		<link>http://overlawyered.com/2006/11/smoke-in-belmont-calif-only-in-single-family-detached-houses/comment-page-1/#comment-4758</link>
		<dc:creator>J.T. Wenting</dc:creator>
		<pubDate>Sat, 18 Nov 2006 08:20:53 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4185#comment-4758</guid>
		<description>hmm, I wonder how they can ban smoking in closed vehicles under these laws.
It&#039;s not as if there&#039;s any more smoke going into the environment than there is from smoking in your own home...

Smoking in open topped vehicles is of course no different from a pedestrian smoking on the sidewalk.

And what about people living in appartment complexes or duos?
They&#039;d no longer be allowed to smoke even at home because it&#039;s not a &quot;single family detached residence&quot;.

However much I am opposed to smoking and support smoking bans in public (where after all others can and will receive doses of second hand smoke), this ban goes too far even for me.
I&#039;d support maybe a total ban on tobacco and tobacco products, but not a half baked measure like this which treats some smokers differently from others (which will likely be the best way to challenge it).
</description>
		<content:encoded><![CDATA[<p>hmm, I wonder how they can ban smoking in closed vehicles under these laws.<br />
It&#8217;s not as if there&#8217;s any more smoke going into the environment than there is from smoking in your own home&#8230;</p>
<p>Smoking in open topped vehicles is of course no different from a pedestrian smoking on the sidewalk.</p>
<p>And what about people living in appartment complexes or duos?<br />
They&#8217;d no longer be allowed to smoke even at home because it&#8217;s not a &#8220;single family detached residence&#8221;.</p>
<p>However much I am opposed to smoking and support smoking bans in public (where after all others can and will receive doses of second hand smoke), this ban goes too far even for me.<br />
I&#8217;d support maybe a total ban on tobacco and tobacco products, but not a half baked measure like this which treats some smokers differently from others (which will likely be the best way to challenge it).</p>
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		<title>By: Ryan Frank</title>
		<link>http://overlawyered.com/2006/11/smoke-in-belmont-calif-only-in-single-family-detached-houses/comment-page-1/#comment-4757</link>
		<dc:creator>Ryan Frank</dc:creator>
		<pubDate>Thu, 16 Nov 2006 13:51:47 +0000</pubDate>
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		<description>Duh, they still want to collect the taxes on the smokes.
</description>
		<content:encoded><![CDATA[<p>Duh, they still want to collect the taxes on the smokes.</p>
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		<title>By: Deoxy</title>
		<link>http://overlawyered.com/2006/11/smoke-in-belmont-calif-only-in-single-family-detached-houses/comment-page-1/#comment-4756</link>
		<dc:creator>Deoxy</dc:creator>
		<pubDate>Thu, 16 Nov 2006 13:15:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4185#comment-4756</guid>
		<description>I think indivudal cities would likely have this power (basically, it&#039;s a form of zoning laws)... but, by the same token, all current owners would b &quot;grandfathered&quot; in (allwd to smoke), or should be compensated, as restriction on one&#039;s use of one&#039;s own property is a TAKING by the state.
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		<content:encoded><![CDATA[<p>I think indivudal cities would likely have this power (basically, it&#8217;s a form of zoning laws)&#8230; but, by the same token, all current owners would b &#8220;grandfathered&#8221; in (allwd to smoke), or should be compensated, as restriction on one&#8217;s use of one&#8217;s own property is a TAKING by the state.</p>
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		<title>By: Jetgirl</title>
		<link>http://overlawyered.com/2006/11/smoke-in-belmont-calif-only-in-single-family-detached-houses/comment-page-1/#comment-4755</link>
		<dc:creator>Jetgirl</dc:creator>
		<pubDate>Thu, 16 Nov 2006 11:51:40 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4185#comment-4755</guid>
		<description>This is getting ridiculous, if folks want to make smoking illegal, why just not ban the sell of cigarettes and keep out of other&#039;s personal property.
</description>
		<content:encoded><![CDATA[<p>This is getting ridiculous, if folks want to make smoking illegal, why just not ban the sell of cigarettes and keep out of other&#8217;s personal property.</p>
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