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by TaxThisoIo
on Tue Sep 02, 2003 12:03 pm |
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As I see it, if we're going to save freedom in America from the tyranny of the ignorant, selfish an unethical majority, Constitutional Principle must be defended and reinforced in American courts. The politicians that have imposed all the bigoted, anti-vice, legislation against smokers must be held accountable "legally" for their treason against the fundamental principles of the Constitution. The "Bill of Rights" was composed to protect against the very type of crimes currently being routinely committed against cigarette smokers, and we should not passively allow the core of Jefferson's wisdom to become just a historical artifact without putting up a fight.
For my part, I have spent three years, and about $800 pursuing the legal action of Gary Mosher verses the New Jersey Division of Taxation. I think I've got one treasonous judge, and the shysters within the office of the attorney general, on the ropes and in position for a humiliating ass kicking. The really good news is the only thing that can save them now would be an overt act of cheating by some "Supreme" higher authority which would provide the opportunity for us to knock the whole hideous monster down, corrupt head and all.
In other "less ranting" words: I think cigarette smokers should be using the courts to fight back and think it would be a good idea to have a "subject" on this board devoted to discussion regarding the legal issues and the cases in process. If you know of any "smoker initiated legal actions" please post the link. The only other legal action I know of (that is not not industry related) is this lawsuit by New York City Clash. |
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TaxThisoIo

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Joined: Sep 01, 2003
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by guest
on Tue Sep 02, 2003 3:29 pm |
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Sorry you all, I am not "logged in" but I can assure you that this is Rick
I sure as hell hope the NYCCLASH lawsuit reverbates throughout the country because things are getting stupid where I go to college at. They have initiated what I call, phase 1: They have restricted smoking to certain outdoor areas near/around buildings. Phase 2 is when we will have to be 10 feet away (I'm guessing) and Phase 3 is when they will ban it entirely as they did at Western Washington University (for more about this topic visit www.smokingpermitted.com and see the anti's in full swing).
I don't mind being outside, but mind you, if this is an attempt to ban such actions at a place I PAY to go to, it won't go unnoticed. |
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guest
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by Jay
on Wed Sep 03, 2003 1:35 am |
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| I just wanna add I'll have full control of smokingpermitted.com soon. It will always remain a pro-smoking site. |
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Jay

Enthusiastic Smoker
Joined: Jun 10, 2003
Posts: 647
Location: Chicago
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by Tom
on Wed Sep 03, 2003 12:54 pm |
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| [quote]I checked out that company Smokers Advantage. The websites are actually smokesadvantage.com or tobaccoadvantage.com. That makes me sick to think about. They are charging $31.99 for name brand cigaretts now. What a rip off. With a state tax of $.03 per pack, cartons should go for about $24.00. Giving the information to NJ and charging you the tax back home is just not right. I'm surprised to see a company like that is still in business with all the legal offshore online cigarette shops nowadays. |
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Tom

Smokers Rights Activist
Joined: Aug 24, 2003
Posts: 961
Location: The Kingdom of New Jersey
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by BWilliams
on Wed Sep 03, 2003 12:57 pm |
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Gary;
Sorry to see you get burned this way - that is total bull fucking shit! I guess we can let that be a lesson to everyone else - do NOT buy cigarettes in this country until some laws are changed. This is getting ridiculous, and only an all-out ban will help. Buy from yesmoke or any other foreign supplier until they feel the sting of our economic boycott! |
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BWilliams

Smoking Lobby Sponsor
Joined: Jun 05, 2003
Posts: 1104
Location: New York City
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by TaxThisxIx
on Wed Sep 03, 2003 4:39 pm |
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One of the unfortunate disadvantages of pursuing my lawsuit is that I now have been informed of state law, and am obligated to respect it if I am to retain credibility. In New Jersey by legal technicality (even without the Jenkins act) it is illegal to purchase any un-state taxed cigarettes without submitting state taxes. Smokers are in fact obligated to file a "tax return" of sorts.
From: RESPONDENT BRIEF
Quote: ...under the Cigarette Tax Act, Appellant was actually required to obtain a license before acquiring unstamped cigarettes for his use. N.J.S.A. 54:40A-3 provides, in pertinent part, that no person shall "acquire unstamped cigarettes for consumption, storage or use in this State without having first obtained the appropriate license for the purpose as prescribed by this act." Such a license can be obtained from the Director by a consumer for the fee of $1.00. See N.J.S.A. 54:40A-4h. Additionally, the Cigarette Tax Act requires every licensed consumer who has acquired cigarettes for use to complete and file, "on or before the twentieth day of the month following receipt of such cigarettes,... a report showing the amount of cigarettes so received. Said report shall be accompanied by a remittance for the full amount of the tax due." N. J. S.A. 54:40A-7.
Considering New Jersey's heritage as one of the 13 "founding father" states, this disgusting legislation should shame all New Jersey citizens. There is little doubt what the REAL men who signed off on the following words would have to say.
Quote: When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security
...nuff said |
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TaxThisxIx
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by LuvMyMan
on Thu Apr 02, 2009 6:38 pm |
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Sorry everybody. I had posted a message before I knew that the subject was already being discussed. Pasting my previous message to post it again here anyway since I don't have time to read all the posts till next week and I don't know how far you all have gotten in this discussion yet.
So here goes....
My boyfriend and I are both smokers. Today we had a discussion about the rising cost of cigarettes and the higher taxes on them. There's a rumor going around that the price per carton will soon be $80 or more which is ridiculous. The price is already unreasonably high.
I thought about this and one thing comes to mind. The people who have decided to raise prices and taxes on cigarettes are probably non-smoking politicians. Think about it. The price of liquor hasn't gone up and we haven't heard any rumors about it going up. I'm sure most of those in political offices drink even if they don't smoke.
Seems to me that non-smoking government officials are discriminating against smoking citizens. In addition, they're trying to force us to quit smoking by making it impossible for us to afford it. Why? Because they don't smoke so they don't think we should either.
How many more rights are they going to take away from us before we take a stand? What ever happened to the Constitution?
I say all smokers band together and sue the government for discrimination. Force them to lower the price of cigarettes and the taxes on them. It doesn't have to be an individual thing. It can be one humongous class action lawsuit.
This has become a communist country and it's time we take our country back! It's only going to get worse if we don't all stand up and demand our rights.
Thank you all for reading this and have a lovely day. |
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LuvMyMan

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by LuvMyMan
on Thu Apr 02, 2009 6:43 pm |
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Who knows? Perhaps the larger cigarette and tobacco companies might foot the bill for a class action suit. They'll lost millions of customers if the prices keep going up because there aren't a lot of people who would be able to afford to keep smoking.
I guess that's all for now lol. Thanks for listening. |
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LuvMyMan

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by Asmoker2
on Thu Apr 02, 2009 7:51 pm |
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| FYI, LuvMyMan, that discussion took place in 2003...it's time to rethink the class action suit as far as I'm concerned. |
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Asmoker2

Smoker
Joined: Mar 24, 2009
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by grabben
on Mon Apr 06, 2009 6:12 pm |
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they have already proven that tobacco is addictive and i agree. so why attack a peaple that have little to no choice of another cigarette or not. every other junkie in the united states get a free ride or an alternitive to whatever they are hooked on. raising the taxes (to give to the children??(i need proof)) seems like a a sure way to get money from a group of peaple which will pay whatever the cost to get thier fix.somewhere between the smoking area in my highschool and the step your low life a;; out to smoke things have changed,but i dont think i've done much different exept burn a few more a day. sorry about that but hey.
now i addmit, i'm not that bright or well edjucated but i have common cense enough to understand. my right are being taken away and i am being attacked and singled out by my own goverment. which also suports anyone else who would like to attack me for doing nothing different than i did at 12 years old (bought my own then too). |
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grabben

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