There may be consequences though, as you would may be violating laws (public exposure) or association rules (blasting music).
This is my entire point. Why is it that smoking gets the free pass? How many apartment fires and resulting deaths have been caused by someone playing music too loudly? Why is smoking held up as the last bastion of freedom from the oppressive Ministry of Justice?
I can go to my HOA if someone's music or pet is bothering me. I can call the police if someone is peeing on my balcony. There are 10,000 things I can have remedied through proper channels, but holy |expletive| all that is holy under the stars how dare I want the ability to prevent somoene else's nasty-|expletive| cancer causing |expletive| from filling up my condo.
Personal freedoms, my left cupcake. People are just zombie crazed mindless addicts (says the former zombie crazed mindless addict).
-Big E
Ironically, I would be more apt to allow you the right to do this in an apartment because you have no control over who moves next door. Â That said, as a non-smoker, I would seek out apartments designated as such.
Same reason why I would go Indigo Joe's over many other sports bars. Â Free enterprise at work!!!!!
Illinois just started this too, on January 1. I don't like the government telling businesses how to do business, but I do like having more seating options at a restaurant! We went to a bar last weekend over the border in Wisconsin and I came home smelling like, well, a bar.
Omaha.com wrote:In signing the bill, Heineman said the public health benefits of the measure took precedence over concerns about expanding government's reach.
"I took into account the valid concerns about local control and the rights of business owners, as well as the health concerns and the rights of the public to clean indoor air," he said. "The public health concern is a critical one and that is why I signed LB 395."
I'm guessing we need to just "stay tuned". Â If this were a movie set in the 30s there would be 40 journalists all running to a phone bank to call in the breaking news, and about half the details would be wrong.
the johnson report wrote:The city of Omaha is Experiencing a shortage of Brick, Mortar, Concrete, Chain Link Fence, Contractors, and Plastic Kegger Cups as every bar in Omaha rushes to build an outdoor beer garden.
City Councilman Jim Suttle said he was "shocked and dismayed by such a ruling."
The council worked hard to strike a compromise between those who favored a smoking ban and those who opposed it, he said.
The two sides worked out the compromise and brought it to the council, he said, and that is how government should work. The compromise is the foundation of the ordinance, he said.
"I guess I'm just full of questions as to why they decided to rule in this direction," he said of the judges.
What part of UNCONSTITUTIONAL does he not understand? Â We have courts around to rule on legislation. Â They're one of those pesky checks and balances we used to hear so much about. Â I would expect an elected official to sort of have a grasp of how the system was supposed to work.
Greg S wrote:I was a little surprised. These types of exceptions are in place in other areas. I know they've got gambling exceptions on the ban in Las Vegas.
Greg
I'm not surprised at all that this is how the ruling turned out. Â Keep in mind someone has to actually challenge the law in court before a ruling can come down like this, and the wording of the ordinance is very important as well. Â (ie, is the intent to protect workers or to just outlaw smoke?)
Really, I think it is a matter of time before other municipalities point towards this ruling as legal precedent.
Wasn't one of the people who helped them work on a compromise a lobbyist for the Keno group? Â And as soon as he knew it was going to pass he spread the word and there were all these bars that quickly got Keno licenses before the deadline.
Wasn't one of the people who helped them work on a compromise a lobbyist for the Keno group? And as soon as he knew it was going to pass he spread the word and there were all these bars that quickly got Keno licenses before the deadline.
I don't if that's exactly how it happened, but there were certainly some proprietors that are personal friends with our mayor that just coincidentally happened to go in and get Keno applications right before the deadline that no one else know about.
In the NW Burbs up here, the bars I go to dropped off businesswise for about 2 weeks after our ban on 1/2/07. Â After that, they're consistently busier than they ever were before.
It's been wonderful getting home without a scratchy throat and god-awful stench. Â I look forward to going out next time I'm in town!
"We are not thrilled, but it could have been worse," said Omaha attorney and liquor lobbyist Mike Kelley, who fashioned Omaha's loophole-filled smoking ban.
Well Suttle probably doesn't like it because it was his and Thompson's affidavits that the Supreme Court ruled that they shouldn't have been considered in the first place by the District Court.
I also like the last sentence
to sum up, the City’s exemptions have sucked the air out of an otherwise constitutional ordinance.
I for one (of many) am soooo happy this came down now, just in time for summer. Â There are bars I enjoy frequenting, but won't because I always leave smelling like a garbage can. Â It will take until at least mid June for this to take effect, as the city has until June 8th to decide whether to ask for a reconsideration. Â I will be shocked if the city actually asks for a reconsideration, because (A) the opinion was unanimous, and (B) it was based on longstanding fundamental law, that states that government cannot enact legislation that favors some business interests while punishing others similarly situated. Â It is all or nothing. Â I have friends in the Omaha restaurant business (owners) who went non-smoking before they had to. Â It made life much easier for them (no more "Smoking or non-smoking?"), and their business neither increased nor decreased. Â It saved them on cleaning and insurance costs, too.
Iowa is going virtually non-smoking in the immediate future, except for portions of casinos. Â That law may be challenged on similar grounds, but unlike Nebraska, casinos are all treated equally, and restaurants and bars in casinos will go nonsmoking as I understand the law.
I predict that in 5 years smoking rates will continue to drop to historic lows.
nativeomahan wrote:I for one (of many) am soooo happy this came down now, just in time for summer. There are bars I enjoy frequenting, but won't because I always leave smelling like a garbage can. It will take until at least mid June for this to take effect, as the city has until June 8th to decide whether to ask for a reconsideration. I will be shocked if the city actually asks for a reconsideration, because (A) the opinion was unanimous, and (B) it was based on longstanding fundamental law, that states that government cannot enact legislation that favors some business interests while punishing others similarly situated. It is all or nothing. I have friends in the Omaha restaurant business (owners) who went non-smoking before they had to. It made life much easier for them (no more "Smoking or non-smoking?"), and their business neither increased nor decreased. It saved them on cleaning and insurance costs, too.
Iowa is going virtually non-smoking in the immediate future, except for portions of casinos. That law may be challenged on similar grounds, but unlike Nebraska, casinos are all treated equally, and restaurants and bars in casinos will go nonsmoking as I understand the law.
I predict that in 5 years smoking rates will continue to drop to historic lows.
Yeah, i'm pretty sure that casino gaming floors are exempt from the smoking ban, but the ban will be in effect in all areas outside of the gaming areas, including the common area (at ameristar, for example) from the boat, passed the sports bar and restaurants, out to the lot. Â That will make for a nicer dinner experience, if you try and brave the buffet lines.
The Big Sports 590 Legal Insider (Admin insert name here) from (Admin insert law firm here), thinks that there is a chance a member of the Omaha city council might bring up for a vote completely repealing the smoking ban since the state law will take effect in a year. Â The problem being that now not even cigar shops can allow smoking in the and there is one loop hole in the state ban allowing tobacco shops that sell ONLY sell tobacco to allow smoking.
Jake's Cigars in Benson built a heated covered patio for their shop/bar.
TODD COOPER WORLD-HERALD STAFF WRITER wrote:The city of Omaha's smoking ban - the full version - is in effect as of today. "It's in effect now," Deputy City Attorney Tom Mumgaard said Tuesday afternoon. "Smoking isn't allowed."
Smoking is now prohibited in all places of employment and public gathering places within Omaha except private residences, certain hotel and motel rooms, certain rooms in nursing homes and long-term care facilities, outdoor areas of employment, research study areas, and tobacco only retail outlets.
We went to a bar last weekend over the border in Wisconsin and I came home smelling like, well, a bar.
