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by Fight4Freedom
on Fri Jan 08, 2010 5:28 pm |
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pallmallit You have my support, and hopefully we can get yours. I'm new to these forums, and it amazes me how many posts I have already read that take the words right out of my mouth. We just lost our right to assemble in smoker-friendly establishments in NC, as you well know. I'm trying to put together a petition to fight discrimination of this nature. Please take a look at the petition. If you agree, please sign it and help me share the link.
http://www.petitionspot.com/petitions/ownerschoice
Thank you! |
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Fight4Freedom
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Posts: 10
Location: Mooresville, NC
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by Fight4Freedom
on Fri Jan 08, 2010 11:30 pm |
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In order in increase accuracy and credibility of the signatures, I have moved this petition to:
http://www.gopetition.com/online/33301.html
A judge would have laughed at the signatures that I was getting from the previous site.
I apologize for any inconvenience, but feel the additional signature field requirements will increase our likelihood of being heard by the court of appeals. Thank you for your support! |
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Fight4Freedom
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by pallmallit
on Mon Jan 18, 2010 3:00 am |
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Kurt Davenport wrote: Briefly: The recent law passed against smoking in many places is "BULL" Why can't a person smoke while playing pool at a "Pool Hall" that happens to serve Beer.
This State of North Carolina is VERY STUPID and eventually will pay the price in lost revenue !!!!
STUPID DUMB BUTTS.........[/i]
I agree with you kurt
This is a stupid law and this law would not have passed if the commiecats hadn't been in full control of the house and senate. We have nobody currently that is rep. our rights. I wrote senator Burr about this today. He is up for reelection this year. I told him how unfair this new law is and that we needed some REP. to stand up for us. I wanted to know where he stood on this issue and that if he could not rep. us then we need to find another candidate to replace him that will. I don't know if he will respond or not but I thought I would give it a try. It might help if you would write him also and tell him about how unfair you think this ban is. And if you could get others that you know to write too that would be great.
We are losing our freedom of choice, We are a small minority but if enough of us stood together somebody might hear us. At this point What have we got to lose? |
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pallmallit
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by pallmallit
on Mon Jan 18, 2010 3:03 am |
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pallmallit wrote: Kurt Davenport wrote: Briefly: The recent law passed against smoking in many places is "BULL" Why can't a person smoke while playing pool at a "Pool Hall" that happens to serve Beer.
This State of North Carolina is VERY STUPID and eventually will pay the price in lost revenue !!!!
STUPID DUMB BUTTS.........[/i]
I agree with you kurt
This is a stupid law and this law would not have passed if the commiecats hadn't been in full control of the house and senate. We have nobody currently that is rep. our rights. I wrote senator Burr about this today. He is up for reelection this year. I told him how unfair this new law is and that we needed some REP. to stand up for us. I wanted to know where he stood on this issue and that if he could not rep. us then we need to find another candidate to replace him that will. I don't know if he will respond or not but I thought I would give it a try. It might help if you would write him also and tell him about how unfair you think this ban is. And if you could get others that you know to write too that would be great.
We are losing our freedom of choice, We are a small minority but if enough of us stood together somebody might hear us. At this point What have we got to lose?
also if you have not done so please sign the petion above by fight4freedom. I already have. |
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pallmallit
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by JoshNJ
on Tue Jan 19, 2010 5:27 pm |
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infinitethoughts wrote: Round up the local bar owners and let them know that IF someone smokes in their tavern, AND they are under full compliance (with the necessary "no smoking" signs) they are NOT liable.
The reason WHY is, it's not the Tavern owners responsiblity to enforce Statute's, it's the states job. Enforcement of Statutes is the states job, not a private business owners. All they have to do is be compliant.
The state will try and fine the Tavern owner, (for doing THEIR job, the states, by the way), but this will not hold up in a court of law.
Huh? Where did you come up with that theory? I would not personally recommend making such statements to business owners and have them rely on them for false protection against fines and violations against a state law. I would suggest showing them the actual law and point out where you believe loopholes may exist. Don't spread an opinion as fact unless you are confident in your words. |
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JoshNJ
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by infinitethoughts
on Wed Jan 20, 2010 11:21 am |
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Don't worry Josh. It's there.
i'm too tired right now to Google it, but there are a couple of cases referenced on smoking groups where the Tavern owner took it to court and won.
Like I said. If the state expects a business owner to be it's police force they have another thing coming. |
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infinitethoughts
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by libertarian99
on Wed Jan 20, 2010 10:50 pm |
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JoshNJ wrote: infinitethoughts wrote: Round up the local bar owners and let them know that IF someone smokes in their tavern, AND they are under full compliance (with the necessary "no smoking" signs) they are NOT liable.
The reason WHY is, it's not the Tavern owners responsiblity to enforce Statute's, it's the states job. Enforcement of Statutes is the states job, not a private business owners. All they have to do is be compliant.
The state will try and fine the Tavern owner, (for doing THEIR job, the states, by the way), but this will not hold up in a court of law.
Huh? Where did you come up with that theory? I would not personally recommend making such statements to business owners and have them rely on them for false protection against fines and violations against a state law. I would suggest showing them the actual law and point out where you believe loopholes may exist. Don't spread an opinion as fact unless you are confident in your words.
http://www.ncleg.net/sessions/2009/bills/house/html/h2v10.html
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libertarian99
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by jsidney
on Thu Jan 21, 2010 4:12 am |
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Quoted from the petition at:
http://www.gopetition.com/petitions/save-our-smoker-friendly-bars.html
"Although violation of this bill does not hold a criminal charge, the $200 per day fine for business owners that do not comply (in order to appeal to their loyal smoking clientele) will drastically hurt business profits in an already suffering economy. Customers in violation will also face a hefty fine of up to $50 ..."
On reading the legistation as passed at:
http://www.ncleg.net/Sessions/2009/Bills/House/PDF/H2v10
I do not see where the bar owner is required to do anything more than to post signage, remove ashtrays, and tell a smoker to put out his cigarette.
Where is the $200 per day fine for the business owner authorized? Is it here?
130A-497 Implementation and enforcement
(e) Administrative penalties imposed under G.S. 130A-22(h1) against a person who manages operates, or controls a restaurant or bar and fails to comply with the provisions of this Article AND THE RULES ADOPTED BY THE COMMISSION TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE shall only be enforced by a local health director.
(f) THE COMMISSION SHALL ADOPT RULES TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
Better locate and check out those "Rules" before you tell the bar owner he can allow smoking. |
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jsidney
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by infinitethoughts
on Thu Jan 21, 2010 3:25 pm |
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infinitethoughts
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by JoshNJ
on Fri Jan 22, 2010 9:58 am |
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§ 130A‑497. Implementation and enforcement.
(a) A person who manages, operates, or controls a restaurant or bar in which smoking is prohibited shall:
(3) Direct a person who is smoking to extinguish the lighted tobacco product.
That sounds to me like a business owner is responsible for enforcement of the statute. |
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JoshNJ
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