Lawsuit Challenges Smoking Ban
The Gulfport City Council will meet to discuss a lawsuit filed by St. Petersburg attorney Andy Strickland regarding the ticket he received for smoking on the beach.
St. Petersburg attorney Andy Strickland filed a lawsuit against the City of Gulfport regarding a citation he received for smoking on the beach on April 21.
Strickland did not provide any further details about the case. Strickland told Patch, in a previous story, that he wanted to challenge the ban in court.
City Attorney Jim O'Reilly confirmed, with Patch, that the litigation is regarding a ticket Strickland received for smoking on the beach.
On Tuesday, June 19, the Gulfport City Council, City Manager and City Attorney will discuss the case during a "shade meeting" at 4:30 p.m. at Gulfport City Hall. The meeting is not public.
According to the agenda, the case is titled: Andy G. Strickland, Petitioner, vs. the City of Gulfport, Florida, a Municipal Corporation, and the State of Florida, Respondents, Case No. 12-4167-CO-40
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About "Shade" Meetings
A closed attorney-client meeting is permitted under Fla. Stat. s. 286.011(8):
Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency, provided that the following conditions are met:
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Andy Strickland has been trying to challenge the smoking ban for the past six months.
He deliberatly lit up a cigar on Gulfport Beach three times in order to receive a citation. Strickland first held a "smoke in" in January but was not cited due to the lack of proper signage of the new ordinance. In February he was cited, but the charges were dropped by the city. Then, in April, Strickland, joined by several supporters, was ticketed for smoking a cigar on the beach.
Strickland told Patch that he believes that the ban is illegal and unconstitutional.
According to a Florida Statute, the regulation of smoking is up to the state, not local governments, he said.
Regulation of smoking preempted to state. This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property.
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About the Ordinance:
Gulfport City Council voted 5-0 to pass a smoking ban on the beach, athletic fields and facilities and playgrounds in the city on Tuesday, November 1, 2011.
The ban affects the following locations in Gulfport:
- Gulfport Beach (shoreline from the Rec Center to the Casino)
- Gulfport Recreation Center's playgrounds and outdoor basketball court
- Gulfport Little League Complex
- Hoyt Field Baseball Field
- Tomlinson Park Skateboard Park and children's playground
- Chase Park tennis Courts
- Chase Park children's playground
- Caldwell Park children's playground
The ban does not affect:
- Clam Bayou
- Wood Ibis Park
- Veterans Park
- Shoreline from the Gulfport Casino to the Pier
john davidson
8:26 am on Tuesday, June 19, 2012
Lastnite in Springhill Tenn they passed a parks smoking ban thats against statelaw just as it is in fla. The city attourney has used a slight of hand trick and got the city council to redefine what a sports arena is. Now according to them its any park anyone tosses a frisbee in or even jogs.......
Spring Hill passes park smoking ban
However, Hudson amended the language of the ordinance to say smoking is not allowed specifically in city parks where the general public gathers to exercise, participate in athletics, or watch sporting or other events.
This language was adopted from Tennessee state law, which includes a ban on smoking in sports arenas, and according to the city’s definition of a sports arena it would include its city parks where sports are played, said City Attorney Tim Underwood.
http://www.tennessean.com/article/20120618/WI...
•Sports arenas, including enclosed public areas in outdoor arenas.
Noun 1. sports arena - a building for indoor sports.
field house
house - a building in which something is sheltered or located; "they had a large carriage house".
http://www.thefreedictionary.com/sports+arena
Sorry Sringhill whatever ASH anti-smoking health lawyer John Banzhaft told ya its a lie! Your trying to supercede stae law by a slight of hand redefinition of a sports arena! Your going to pay now!
john davidson
8:27 am on Tuesday, June 19, 2012
TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2011 EDITION TENNESSEE CODE ANNOTATED ..........​......... .39-17-1551. Purpose of part - Exemptions - Authority to prohibit smoking.(a) The general assembly intends by this part and other provisions of Tennessee Code Annotated to occupy and preempt the entire field of legislation concerning the regulation of tobacco products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, by any agency or political subdivision of the state or any agency thereof is void;..........http://www.stat e.tn.us/tccy/t​nchil d/39/39-17-1551.htm
john davidson
9:33 am on Tuesday, June 19, 2012
The futility of running a war against vices
Attempts to check our bad habits are doomed, says Christopher Jackson
By Christopher Jackson
Sunday January 29 2012
Reforms to curb the use of substances such as alcohol and tobacco in Ireland have all tended to follow a similar trend. The government of the day initially talks of a malaise afflicting the population, then passes a reform aimed at fixing it, only for statistics to later affirm the pathetic deficiency of its actions.
Last week, the Government announced that it would seek to further check the consumption of alcohol by the Irish public. The move, which includes banning the sale of alcohol from supermarkets, is just the latest in a long-running series of strenuous attempts by successive governments to remedy the Irish obsession with all things bad. Attempts that seem to be based on a fundamental misunderstanding of public tendency.
The argument of this Government, and the one that preceded it, seems to be predicated on the wholly fatuous assumption that the general public are saddled by such crippling naivety that they can barely comprehend the severe ramifications of drinking to excess. The same assumption seems to hold true when it comes to discussion of all other forms of vice: drugs, tobacco, sex, etc.
http://www.independent.ie/national-news ... 03032.html
jo
9:51 am on Tuesday, June 19, 2012
And where do the "RIGHTS" of non-smokers fall in all of this? Smokers have a whole side of the beach where they can smoke. Strickland is a brazen bully who broke the law. The city SHOULD fight this. He has contempt and disregard for children and the non-smokers who visit our beach. I don't see any non-smoker filing a law-suit to make the whole beach non-smoking. VERY SELFISH ON HIS PART.
john davidson
9:58 am on Tuesday, June 19, 2012
Jo its the city that broke the law,not Mr.Strickland. He is simply defending his rights and those of others. If you really want to debate the subject of second hand smoke JUNK SCIENCE which is the justification used for smoking bans everywhere I will be glad to debate with you here and now,I will let you shoot first ok!
CJ
10:15 am on Tuesday, June 19, 2012
Don't worry about Strickland, Jo...a fool and his money are both soon taken away.
john davidson
10:36 am on Tuesday, June 19, 2012
Jo another simular point here that will affect you is banning sodas from being served in restaraunts.Its the same thing and right here they are trying to do just that,that will affect you as a non-smoker wouldnt you think.........
Bloomberg one-upped. Cambridge MA (home of Harvard and MIT) wants to entirely ban the sale of soda, never mind the size, just ban it, period in all restaurants.
http://www2.cambridgema.gov/cityClerk/PolicyOrder.cfm?item_id=35515
CJ
11:38 am on Tuesday, June 19, 2012
If the cups that sodas were served in stank like cigs...and then afterwards if all those vile soda drinkers tore up the cups in little pieces and threw them all over the ground..then..yes, John...if you infinite wisom...you are right again..and they would ban sodas also.
Dave Copeland
6:03 pm on Tuesday, June 19, 2012
This smoking ban may be a good thing and save a few lives and make for a more pleasant dining experience or getting drunk in the club experience. But that is irrelevant to me.
The bottom line is WHO IS ANYONE OR ANY GOVERNMENT AGENCY TO HAVE THE AUDACITY TO TELL ME OR ANYONE WHAT THEY CAN DO IN THEIR OWN PRIVATE PROPERTY WHEN IT DOES NOT AFFECT ANYONE WHO DOES NOT CHOOSE TO GO THERE? You do not have a right to a smoke free bar. You do not have a right to a smoke free McDonald's. If you want it build it. If there is a demand for it then it will come which is how the free market works.
This is not the end. This is not the beginning either. It is another stop in the ongoing campaign to turn the entire country into a nanny state. It is not right. It is not fair. It is more government intrusion into our private lives and into private enterprise. It is an attack on civil liberties and people are too blind to see it.
WHERE DO WE DRAW THE LINE? Are Happy Meals being banned next? Perhaps no salt? No drinks over 16 ounces? Last I checked heart disease IS the number one killer so why would it be far fetched to go there? When will this government control reach the home? When is the government going to tell me I can't fry my potatoes in a certain oil in my own kitchen because it's unhealthy?
Yes, the people will adjust all right. But this smoking ban is NOT a good thing."
CJ
10:12 am on Tuesday, June 19, 2012
Smokers. Enjoy your day in court. We all respect the right to fight for what we believe. In this case, though...the inevitable is closing in...and sooner of later the smoking bans will not only be at these beaches, etc...but also (finally) in restaurants, etc also. Have you say, smokers..then the rest of us will have ours. He that laughs last, laughs the hardest.
john davidson
10:26 am on Tuesday, June 19, 2012
CJ the bans already in restaraunts except where food bars exist where xx number of dollars are for food only! As far as smoking bans being the total norm,they thought that same thing in 1919 when prohibition came down and they also thought the same of tobacco prohibition during the same timeframe. Historical fact in point:
Heres a time line starting in 1900,dont be surprised to see the same thing playing out today nearly 100 years later.
1901: REGULATION: Strong anti-cigarette activity in 43 of the 45 states. "Only Wyoming and Louisiana had paid no attention to the cigarette controversy, while the other forty-three states either already had anti-cigarette laws on the books or were considering new or tougher anti-cigarette laws, or were the scenes of heavy anti- cigarette activity" (Dillow, 1981:10).
1904: New York: A judge sends a woman is sent to jail for 30 days for smoking in front of her children.
1904: New York City. A woman is arrested for smoking a cigarette in an automobile. "You can't do that on Fifth Avenue," the arresting officer says.
1907: Business owners are refusing to hire smokers. On August 8, the New York Times writes: "Business ... is doing what all the anti-cigarette specialists could not do."
1917: SMOKEFREE: Tobacco control laws have fallen, including smoking bans in numerous cities, and the states of Arkansas, Iowa, Idaho and Tennessee.
john davidson
10:27 am on Tuesday, June 19, 2012
If smoking bans and prohibition would have withstood the test of time theyd still be here. But thats wasnt the lasting effect was it. Todays bans will be no diferent........onward to repeal we march and Stricklands fight is but one in a long war of prohibitions on free people of the world. Thats right it is a world wide fight against smoking bans as the WHO world health orginizations FCTC anti-tobacco treaty causes,mostly written by tobacco free kids for the UN and the WHO,Tobacco Free Kids is a group created by Big Pharma aka johnson and johnson makers of nicorete and the gum for smoking cessation. Thru there RWJF created non-profit group ROBERT WOODS JOHNSON FOUNDATION!
CJ
11:24 am on Tuesday, June 19, 2012
Again, John..the bans ''in restaurants except where food bars exist''...are ALSO ''baby steps'' to get us where this is all going...the total ban of smoking in public places. Many cities that presently or in the near past, that had or have a ''designated smoking pato/area''...soon proceed to ''the next step''...and then ban the smoking form those areas also. Step by step...the days of smokers having thier way with the rest of us ''ARE OVER''. We will win..the smokers will lose..plain and simple truth. It does not matter if it is sooner ..or later...it's happening. And the irony is.... taking money (court costs, etc) from people like Stickland..are only helping the casue ''against'' smoking. Don't think this is not costing him ''big time and big money''. He is or will win little battles, but will lose the war...but only for so long. Strickland is the ''double whammy'' of fools. He is not only the fool who will be parted from his money, but he is also the fool who has himself as his lawyer.
john davidson
6:30 pm on Tuesday, June 19, 2012
Please keep crying CJ its quite amusing!
Cherlene Willis
10:17 am on Tuesday, June 19, 2012
Friendly reminder from the Editor: Please agree to disagree without violating our terms of use. - Cherlene
Check them out on this link: http://gulfport.patch.com/terms
CJ
10:27 am on Tuesday, June 19, 2012
We knew this court issue was coming. The city officials knew it the first time they ever discussed it. This is just one of the expected/planned steps needed to get where we want to be...banning smoking in public venues and helping to rid ourselves of the nastiness associated with it. To all the people that are behind getting the ball rolling on this...thank you! Soon..there will be no issue concerning the ''State'' law...because it is going to be changed ''agains''t smoking on that level to a point where there is no question about local communities who want smoking bans. As someone who recently moved here from a state/city that does have such laws, I'd forgot just how objectionable smoking in public places was. The quality of Florida entertainment venues will vastly benefit when these laws have teeth to them. Imagine all of us being able to go to any business we want to try out and not be bothered by cig smoke and not seeing all the cig trash/litter in the immediate vicinity of where smokers thrive? Imagine. Ahhhhhhhhhhhhhh.....
john davidson
10:45 am on Tuesday, June 19, 2012
I wouldnt be counting on any total prohibitions on smoking in Floriduh,the states tourist industry is huge and accounts for billions a year in state income besides the revenues generated from tobacco purchases and tobacco used in the hospitality industry thru out the state.
CJ
11:04 am on Tuesday, June 19, 2012
I don't have ''to count on it''. Are you serious? Do you think Florida is the only good tourist area. Yeah..it's nice here and all that...but the smoking is ''exactly;; one of the factors that keeps it from becoming ''even a bigger'' destination. That's real funny that you imply tourists come here so they can smoke. I don't have to count on anything..it's ''gonna'' happen. Just like it is all over the country. Sorry to be the one to tell you...but Santa Claus is not real , either. Well..maybe Santa is...but not the Easter Bunny.
Dave Copeland
5:51 pm on Tuesday, June 19, 2012
"
I’m Robert E. Madden MD, FACS. I am also a non-smoker. HOWEVER, I am a passionate opponent of smoking bans. My opposition is due to loss of individual freedom and abuse of scientific fact.
I am a practicing chest surgeon, and a former cancer researcher. I am also past president of the New York Cancer Society. I will not tell you that smoking is harmless and without risk, but what I will say is: 1) it’s a personal choice and 2) so called second hand smoke (ETS) is virtually harmless. One may not like the smell but it has not been shown to cause cancer, and if people don't like the odor then they may go elsewhere. Those who support the ban have no right to deny 24% of the adult population their enjoyment of a popular product based on hatred of smoking. This attitude is that of a bigot, akin to anti-Semitism or racism.
To me the most offensive element of the smoking bans is the resort to science as “proving that second hand smoke causes lung cancer”. Not only is this unproven but there is abundant and substantial evidence to the contrary. It is frustrating, even insulting, for a scientist like myself to hear the bloated statistics put out by the American Cancer Society (of which I am a member) and the American Lung Association to justify what is best described as a political agenda. Most non-smokers are neutral. Anti-smokers hate smoking. It is this last group that drives the engine of smoking bans.
-Respectfully,
Robert E. Madden, M.D.
CJ
3:18 pm on Wednesday, June 20, 2012
I think it is safe advice to never hire a ''chest surgeon'' to work on you if he is against smoking bans. A surgeon like that sounds more like someone trying to teach a duck to make his first sound. Reminds me of the ''doctor'' in Cannonball Run with Burt Reynolds and Dom Delouis (sp).
CJ
3:21 pm on Wednesday, June 20, 2012
''Dr Madden'' sounds like one of those doctors who passed college with a D- and bought thier degree online for $249.99 using a coupon.
Dave Copeland
6:20 pm on Wednesday, June 20, 2012
CJ, have you always been so gullable? You're a perfect example of someone who's been brainwashed by the zealots at tobacco control. Ridiculing Dr Madden because you're blind to the truth is quite sad really.
"There are about a hundred studies on the issue of passive smoking. First surprise: 40% of them claim a total absence of harmful effects of passive smoking on health. The remaining 60% estimate that the cancer risk is multiplied by 0.02 for the most optimistic and by 0.15 for the more pessimistic … compared to a risk multiplied by 10 or 20 for active smoking! It is therefore negligible. Clearly, the harm is either nonexistent, or it is extremely low.
Professor Philippe Even,
World-renowned pulmonologist, president of the prestigious Research Institute Necker for the last decade, now retired.
Dave Copeland
6:34 pm on Wednesday, June 20, 2012
CJ, I think we're maybe being a little too technical for you, what, with quoting doctors and scientists and all.
Maybe Penn and Teller..."Second Hand Smoke Bull5hit" is more to your liking!
http://www.youtube.com/watch?v=l6WITuzkS_g
CJ
11:29 pm on Wednesday, June 20, 2012
...oh come on, Dave..you can go ahead and let this doctor open your chest off...but I'd rather take my chances on one I could throw a dart and see which one in the phone book it lands on. You sound like someone who needs a better health care policy.
CJ
11:38 pm on Wednesday, June 20, 2012
...don't know about Penn and Taylor..but the Dick Van Dyke ''Cold Turkey'' was funny..and well within my ''technical understanding'' of how nasty smokers are.
By the way...just so you know..''shielded cursing'' will get your comment deleted here. I am not a fan of censorship and like to see what people write, so I'm just telling you so you don't get any comments of yours deleted. I have learned this the hard way also. I may not agree with you, but you are not on my list of people that I don't like to the comments of. We all ''know'' who that person is..it's just hard to keep track of what name he is using. Are you his twin brother?
Dharma
10:31 am on Tuesday, June 19, 2012
It’s not a war against vices that would be so simple it’s a request that you do not smoke where your smoking can affect someone else’s health and wellbeing. It’s about the fact that is says on the pack of cigarettes, this causes "second hand smoke kills." good for Gulfport.
john davidson
10:43 am on Tuesday, June 19, 2012
First packs dont say second hand smoke kills,dont know where you got that from my friend.
Secondly Can you name any deaths from second hand smoke or even first hand smoke because theres absolutely no death certificate stating such nonsence.
In fact they cant even proove direct smoking causes disease!
JOINT STATEMENT ON THE RE-ASSESSMENT OF THE TOXICOLOGICAL TESTING OF TOBACCO PRODUCTS"
7 October, the COT meeting on 26 October and the COC meeting on 18
November 2004.
http://cot.food.gov.
uk/pdfs/cotstatement
tobacco0409
"5. The Committees commented that tobacco smoke was a highly complex chemical mixture and that the causative agents for smoke induced diseases (such as cardiovascular disease, cancer, effects on reproduction and on offspring) was unknown. The mechanisms by which tobacco induced adverse effects were not established. The best information related to tobacco smoke - induced lung cancer, but even in this instance a detailed mechanism was not available.
CJ
11:43 am on Tuesday, June 19, 2012
Dharma, great name and comment.
john davidson
10:43 am on Tuesday, June 19, 2012
The Committees therefore agreed that on the basis of current knowledge it would be very difficult to identify a toxicological testing strategy or a biomonitoring approach for use in volunteer studies with smokers where the end-points determined or biomarkers measured were predictive of the overall burden of tobacco-induced adverse disease."
In other words ... our first hand smoke theory is so lame we can't even design a bogus lab experiment to prove it. In fact ... we don't even know how tobacco does all of the magical things we claim it does.
CJ
11:05 am on Tuesday, June 19, 2012
I'd recognize ''John E'' anywhere..no matter what name you are using, ''John D''....
CJ
11:08 am on Tuesday, June 19, 2012
...wasamatta ''john''...tired of using the word ''junk science''...?
john davidson
11:19 am on Tuesday, June 19, 2012
Junk Science - a term used to describe false or misleading research that is offered as real science, but which was not obtained using the accepted scientific method . The term "junk science" is often applied to deceptive environmental and health studies.
Just remember that the food sold in these venues also contains trace amounts of these 4700 chemicals, 200 poisons and 50 carcinogens. Food, like tobacco, is a biological material. Food, like tobacco, is comprised of the same amino acids, proteins, and carbohydrates. Food, like tobacco when heated produces the same byproducts, which are the same so-called trace amounts of substances which antismoking activists use to justify the elimination of tobacco smoke. The bottom line??? --anyone who eats in a restaurant, (or at home for that matter), is still exposed, and therefore still absorbing the same stuff, even after bans are in force.
Juju Stevens
11:28 am on Tuesday, June 19, 2012
So I read the statute; the basis of the lawsuit is an AG opinion from 2005, which extends the smoking preemption to outdoor places. http://myfloridalegal.com/__85256236006EB5E1.nsf/0/876AC6F6B95DBF69852570C00075B510?Open&Highlight=0,2005-63
To clarify-- The original statute, Fla. R.S. 386, is called the Florida Clean INDOOR Air Act. It was amended to include school grounds, but nothing in the statute purports to regulate outdoor air or to stop municipalities from doing so. The limit was created by the AG opinion.
The Senate report on the bill/statute itself is at
http://archive.flsenate.gov/data/Publications/2005/Senate/reports/interim_reports/pdf/2005-156rilong.pdf
AG opinions are NOT law. I sincerely believe that the political climate about smoking, particularly around children, has substantially changed since the AG opinion was rendered in 2005.
All that said, I still think that we need to find a friend to help subsidize this fight, if we intend to take on Strickland. It's going to be expensive. I also think we should do what Winter Park has done and send a message to the legislature that we want to be able to ban smoking in parks.
john davidson
11:40 am on Tuesday, June 19, 2012
Naples tried to get bill 211 passed to remove the states preemeption law on smoking.It was D.O.A. in comittee! yet the smokefree advocates are still pushing it!
2011 HB 211 Florida Clean Indoor Air Act Died in Health & Human Services Quality Subcommittee
http://www.myfloridahouse.gov/sections/ ... ssionId=66
Current state law:
This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject".:
Sarasota and other communities are in clear violation of state law!
CJ
11:31 am on Tuesday, June 19, 2012
Now everybody is moaning at me for reminding you of junk science. I just wanted to let you know the trap has been sprung and you have been caught. I have nothing else to say to you that has not already been written. You may want to operate your life on a loop..but not me. I have to do some errands..and with all your work at NASA, being in the Navy, race car driver..and all your other ''crud'' you do...I know you have to run also. Don't let the door hit you in the rear. Bye...but...gotcha...
Juju Stevens
11:34 am on Tuesday, June 19, 2012
As for the dangers of second hand smoke, google scholar has current articles. Much has changed since 2004: http://scholar.google.com/scholar?as_ylo=2011&q=second+hand+smoke&hl=en&as_sdt=0,10
john davidson
11:51 am on Tuesday, June 19, 2012
Nope actually nothing has changed since 2004 at all. There are no toxicology studies proving the end points to disease causation to either direct smoking or even second hand smoke. In fact the following confirms no harm from second hand smoke:
Tobacco Control Scotland has admitted it has no record of any deaths or demonstrable harm caused to anyone from second hand smoke as the UK Govt pushes forward the idea of third hand smoke, aka Invisible Smoke, without any evidence at all.
Bill Gibson, The International Coalition Against Prohibition (TICAP) chairman, was interested to know how many actual deaths and respiratory illnesses were recorded in Scotland from passive smoking, given the reported guesstimate 13,000 figure which is repeated parrot fashion year after year.
He put in an FOI request and found that there wasn't one death or respiratory illnesses attributed to SHS or tobacco. Perhaps I should repeat that. Not one death has been recorded in Scotland as definitely related to tobacco smoking or passive smoking.
http://patnurseblog.blogspot.co.uk/2012 ... eaths.html
If we did the same the world over we would get the same answer.
Remember this story from last year:
B.S. Study: 600,000 People Die Worldwide From Secondhand Smoke Every Year
http://grendelreport.posterous.com/bs...
skycat
8:58 am on Wednesday, June 20, 2012
As for the dangers of secondhand smoke in parks, how many of the 36,000 to 50,000 deaths attributed annually to SHS in the United States would occur at the levels found in parks? I suspect the answer would be very few, if not zero.
CJ
2:43 pm on Wednesday, June 20, 2012
Skycat. You are losing track of the original reason that smoking ban in public places is ''really'' an issue, especially here locally. Yes...SHS is a concern..but the truth is..if cig smokers were not so filthy and detructive in thier habit..they would not have near the heat down thier back. If it were ''just'' fire threats, the stink, the staining, the burn marks, etc...then maybe we non-smokers could be cutting them some slack....but cig smokers expect us to put up with too much from them. The fact they ALSO ''litter'' so much is the proverbial ''last straw''. Here locally, as it has in many other communities when they first start atacking this issue..the initial things that puts the negative focus on the smkers is the amount of cig litter that volunteers notice during clean up projects. You can't address litter issues without also attacking smoking also.
skycat
7:52 pm on Wednesday, June 20, 2012
CJ: I have seen many businesses and smokers and like-minded individuals whose only desire is to be let alone, presumably to deal with their own filth, stench, stains, burns, etc., prevented from doing so by anti-smoking activists themselves. It is ban activists who constantly interfere with smokers willing to gather elsewhere, by intervening as protectors of innocent adult bar patrons and job seekers, even if it prevents smokers from getting jobs where there might be smoke.
It is ban activists who are now attempting to restrict smoking in some smokers' own apartments which will no doubt drive them somewhere else to become targeted again by anti-smokers. They even want to ban e-cigarettes which leave no litter.
Smoking ban activists have lost credibility in my book because no matter what solutions the smokers propose, the activists are there, or just around the corner, with a roadblock.
CJ
10:13 pm on Wednesday, June 20, 2012
skycat...did you read ''anything'' I wrote to you? I have followed this story locally here in Gulfport for many months and remember when and why the subject of the bans at some of the public places was brought up.
''Litter''.
I explained that to you...but I guess you are just to stubborn to bend. Smokers have made thier own bed. If smokers would ''police fellow smokers''...and jump thier bones when they are being obnoxoious...then maybe smokers might have been able to keep on keeping on as they have. The problem is..smokers all have each other's back , and that get them nowhere. Sure, there is a smoker here or there that is sensible about thier habit..there just is not enough of them.
''Apartments''...bad example. Rental property would be another bad example. I agree that in a home you ''own'' (free and clear...not financed)..then that would be a good example where you should have these rights you mention. I agree with that...but your fire insurance should cost you ten times as much as mine does.
skycat
9:27 am on Thursday, June 21, 2012
CJ: If it is a litter issue, why not just jack up the fine for cig litter? But wait, didn't this whole issue start over a guy smoking a cigar? Since cigars don't have filters and are fully biodegradable, I presume you are willing to allow those. Maybe when I get back from my lobotomy appointment I'll be able to believe that it's just a coincidence that the litter issue fits in perfectly with the objectives of the smoking ban movement.
CJ
10:43 am on Thursday, June 21, 2012
Skycat, you wrote''..didn't this all start ove a guy smoking a cigar?''
No..it didn't...at least not locally here in Gulfport. All over the country the smoking bans ''start'' for a variety of initial reasons..but it is common for the litter connection to initiate it.
A while back, I belive after a 49th St. litter clean-up volunteer group effort here in Gulfport, some of the volunteers could not help note the tremendous percent of cig litter compared to other litter. It was brought up at a council meeting. From there, it took on a life of it's own...and the beach smoking bans, etc were part of the result. In other localities, the bans additionally start simply over second hand smoke issues, and a multitude of other reasons. A smoker here, and a smoker there can step in and ''say'' or write in blogs how ''they call other smokers out for bad cig manners''...but frankly...I've never seen that. Honestly, it seems the only time a cig smoker uses an ashtray (like that makes it's all OK) is if other people are around. Otherwise, they just flick them away on the ground, put them out in planters, grind them dead on wooden railings, etc, etc, etc. Who are they fooling? Without a doubt, most smokers simply can't figure out a way to smoke in public without it being a burden of some sort on somebody else. Cleaning up after a smoker is about as much fun as picking up dog poop after other peoples dogs. Skip the operation to find out if smoking and litter is connected. It is.
Dave Copeland
3:48 pm on Thursday, June 21, 2012
Litter!!!!....hahaha don't make me laugh! My oh my, you are getting desperate to come up with such a pathetic excuse. Cigarette litter is miniscule and regardless of what the tobacco control zealots tell you, it doesn't cost anything to clear up, as it just gets swept up with the rest of the litter in the streetcleaners sweep.
Taking your argument to the next, obvious stage, do you also advocate an outdoor ban on McDonalds, sodas, newspapers etc, which produce FAR MORE litter?
john davidson
11:46 am on Tuesday, June 19, 2012
The Second-Hand Smoke Charade
by Dominick Armentano
One of the important arguments for restricting smoking is that it can endanger innocent nonsmokers who inhale environmental tobacco smoke (ETS). Indeed, many states (led by California and Florida) have decided over the last few years to severely restrict smoking in commercial establishments on the basis of a 1993 Environmental Protection Agency report that classified ETS as a "Group A Carcinogen," that is, as a significant risk to health.
It now turns out that the influential 1993 EPA report "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders" was as phony as a three-dollar bill. State officials and private businesses that believed that ETS was a public health danger (and not just a nuisance) were completely misled by the EPA. And, of course, so was main street American public opinion.
http://www.cato.org/publications/commentary/secondhand-smoke-charade
Dave Copeland
4:16 pm on Thursday, June 21, 2012
The 1993 EPA study into the dangers of enviromental tobacco smoke, is the sole reason why the American Cancer Society, The American Lung Foundation and The Americn Heart Foundation have been so vociferous against ETS. It's an absolute disgrace that the anti-smoking bandwagon has just kept on rolling, totally disregarding the U S District Court's decision that
"The EPA's procedural failure constitutes a violation of the law"
"....the EPA 'cherry picked' its data"
"EPA deviated from acceptable scientific procedure...to ensure a PRE-ORDAINED OUTCOME"
The courtcase makes for fascinating reading.
http://archive.tobacco.org/Documents/980717osteen.html
Juju Stevens
11:48 am on Tuesday, June 19, 2012
Like CJ, I ain't got much else to say. In sum: AG's opinions are not law. The statute Strickland relies on is the INDOOR clean air act.
Bills die in committee every day. (Take, for example, the insider trading bill finally passed in congress to stop them from insider trading. It was around for 20 years before they were forced to pass it by, basically, 60 Minutes). The fact that a bill didn't pass is evidence that.... the bill didn't pass. That's all.
john davidson
11:58 am on Tuesday, June 19, 2012
The fact remains Fla is a pre-emtion state and that makes the Gulfport ban ILLEGAL!
No doubt the city commission behind closed doors is whining crying and begging besides possibly offering up deals if only he will drop his lawsuit. The point here is all the smokers should get on board and file lawsuits against every outdoor ban in floriduh there is and see just how quickly these anti-tobacco groups run for cover especially if they get named as co-defendants and risk losing their collective funds from government grants and taxpayer revenues besides big pharma funds.
Juju Stevens
12:01 pm on Tuesday, June 19, 2012
Everyone with a law degree, raise your hands ?
john davidson
12:08 pm on Tuesday, June 19, 2012
Everyone who can read the law for what it actually says raise your hand!
Obviously the Gulfport city council cant read even after they were repeatedly warned of it!
Lynda
1:19 pm on Tuesday, June 19, 2012
Anyone who would like to have "john davidson" sat down in a windowless, tiny room with a cigar smoking machine, please raise your hands. Sorry, john, time to get yourself a fresh new interest in life; you have exceeded everyone's boredom level. Have you thought about taking up the rights of fish to stink after they die?
john davidson
2:08 pm on Tuesday, June 19, 2012
Nope Lynda not for a second,however your city ordinance has smelled like dead fish since its inception. Just as the indoor smoking ban has. None of you think for an instance that your not destroying your own movements agenda with these rediculous outdoor bans. Dr Siegel last year stated these outdoor bans will be the deathnell of the indoor bans,it puts at risk everything already achieved. He was quickly kicked out of tobacco control and its GLOBAL LINK propaganda line on the internet. If any of you have any knowledge of GLOBAL LINK you know exactly what Im talking about!
john davidson
2:20 pm on Tuesday, June 19, 2012
Anyone who would like to have "john davidson" sat down in a windowless, tiny room with a cigar smoking machine, please raise your hands
We would both be just fine and heres why:
According to independent Public and Health Policy Research group, Littlewood & Fennel of Austin, Tx, on the subject of secondhand smoke........
They did the figures for what it takes to meet all of OSHA'S minimum PEL'S on shs/ets.......Did it ever set the debate on fire.
They concluded that:
All this is in a small sealed room 9x20 and must occur in ONE HOUR.
For Benzo[a]pyrene, 222,000 cigarettes
"For Acetone, 118,000 cigarettes
"Toluene would require 50,000 packs of simultaneously smoldering cigarettes.
Acetaldehyde or Hydrazine, more than 14,000 smokers would need to light up.
"For Hydroquinone, "only" 1250 cigarettes
For arsenic 2 million 500,000 smokers at one time
The same number of cigarettes required for the other so called chemicals in shs/ets will have the same outcomes.
john davidson
2:20 pm on Tuesday, June 19, 2012
Field studies of environmental tobacco smoke indicate that under normal conditions, the components in tobacco smoke are diluted below existing Permissible Exposure Levels (PELS.) as referenced in the Air Contaminant Standard (29 CFR 1910.1000)...It would be very rare to find a workplace with so much smoking that any individual PEL would be exceeded." -Letter From Greg Watchman, Acting Sec'y, OSHA
Kevin Mulvina
10:23 am on Tuesday, July 24, 2012
Anyone who would like the anti-smoker zealots sat down in a garage for the next 20 minutes with the car running, or in the same garage with 100 people smoking all day long, according to their own preference, by all means raise your hands.
You wouldn't really want to see them harmed regardless of what they believe or say they believe, now would you?
Next time you see a woman sitting with their infant children at a bus or train station, think about that will you. Funny she would seat them away from the smoking section, within a false sense of security, in line with her largely popular beliefs.
david hastings
11:16 am on Wednesday, June 20, 2012
Vietnam, the entire country, just passed a law banning smoking in all public places and banned all smoking advertising. It also prohibits the sale of tobacco to anyone under 18. This in a country where almost 50% of adukts smoke. This just ...makes so much sense. Does anyone think that if tobacco was a new product trying to come to market that it would be allowed anywhere? States would jump all over banning such a deadly substance. Then why in all common sense shouldn't it be illegal?
john davidson
11:02 pm on Wednesday, June 20, 2012
We can only imagine what bribes and deals were made to get VIETNAM to pass a smoking ban nationwide! Like maybe most favored nation status in trade agrrements like china! Or perhaps they were guaranteed loans to shore up their currency too as the WHO has promised those countries that invoked a smoking ban in the FCTC treaty...
john davidson
11:08 pm on Wednesday, June 20, 2012
Ya thats it gotta be,as all the states defund tobacco control at all levels and take away all the MSA funds.............ya they really want to outlaw tobacco products. BTW what revenue did tobacco control ever generate for the state coffers.........answer NOTHING BUT A BIG FAT BILL FOR THEIR EXISTENCE!
kristy peddy
11:34 pm on Sunday, June 24, 2012
Great example. A country who is so known for their diplomacy and civil liberties. You just stated that almost 50% of the adult smoked. So who voted? Exactly. No one.
Kevin Mulvina
9:25 am on Tuesday, July 24, 2012
There are still a lot of well trained people with guns and know how, who in the vast majority love their American cigarettes. So who is going to do the enforcement? The Special Interests hypochondriacs and loonies who promoted the ban? Perhaps the Government Sock Puppets who infect public discussions with their glad handing of government encroachments with disrespectful attitudes against anyone who isn't sold?
We can only hope.
William Smith
11:43 am on Wednesday, June 20, 2012
Vietnam David? The 2011 US State Department Country Reports on Human Rights Practices regarding Vietnam state: "Significant human rights problems [in Vietnam] were severe government restrictions on citizens’ political rights, particularly their right to change their government; increased measures to limit citizens’ civil liberties; and corruption in the judicial system and police." Thank-you David for helping those in favor of individual responsibility and limited government make our point!
CJ
2:25 pm on Wednesday, June 20, 2012
My thanks and gratitude go out to all Vietnam Vets who helped make it possible for the improvements in Vietnam today. What a great thing you Vets did to aid these people. I am one American who does not feel it was all for nothing. In war, the rewards are often vague and indiscreet. Sure, Williiam, they still have significant human rights issues, but those problems are almost welcome compared to the atrocities they faced during the domino principle threat the region was onced faced with. Your sarcasm was ill in it's placement. No one ever doubt the significance of the meaningful effort our country and others put out for Vietnam and others in SE Asia. I take my hat off to my fellow vets, from Vietnam and elsewhere. At least now, things such as tobbacco bans are issues to be decided upon over there instead of the enslavement and slaughter they once delt with. All wars waste innocent lives, but Vietnam was as honorable of a cause as any. I can't let your comment meant to taint our vets efforts go without calling you out on it. Thank you, David, for your fine comment. I took it in the light you meant it.
Faun Weaver
11:34 pm on Wednesday, June 20, 2012
So now being against the smoking ban means we don't support Vietnam Vets? Really? Look, it's a littering issue that could actually be a revenue source for the city. I'm one of those smokers who will call someone out, forcefully, if I see them toss their butt on the ground. If they actually recieved more than my shrill voice, oh, say, a ticket!!?? What would happen then? Hit someone in the wallet and they are going to reconsider their action. Stop using SHS as a reason to do a ban in a wide open area where no one is being harmed, except perhaps the smoker. It's bigotry cloaked in political correctness. And no, if I'm on the beach having a cig, it truly does not effect you. Unless you live in Vietnam.
Scott Ewing
4:10 pm on Thursday, June 21, 2012
Shills such as CJ should not be worried about the cigarette in my left hand. He should be more concered about my right about to impact his facist face!
CJ
8:14 pm on Thursday, June 21, 2012
There was a time when I smoked and chewed, and like the ''country boy'' I am that ''can survive''...I would have ''spit some beechnut'' ...right in your eyes just for thinking that thought. There are few who would have much of a chance to use your right hand as you state. Good way to get it broke. Big talk, ''Scott Ewing''. Your comment is out of line. Seems you need to learn more than just some smoking manners. I like to try and stay within The Patch blog rules, out of resepct to Cherlene, but you have crossed a line that even ''John'' would not do..and we all know how low he can go. I am above commenting back to you as I'd really like to right now...but I doubt ''either'' of our comments will be here much longer and will be deleted. You are your own worse enemy, and you certainly do not help others who agree with your cause. Making comments like you have just done are simply those of a thinned skin coward. Get off the porch and go jump in a lake....and hope your never let me see your right hand coming.
CJ
4:04 pm on Sunday, June 24, 2012
Shill? I am new to the area and only trying to fit in somewhere. I was unaware of what a ''shill' was. I thought it was another new Florida thing I had not learned about yet. I looked it up. I assure you, I am not shill. I live here and I do have strong opinons, though. I also hate bullies like ''John''.
People here in this blog topic, that keep appearing out of nowhere, that stike me as a ''shill'' are ''John...whatever he goes by''.
If I ''was'' a shill..then I could understand your anger with me..because I don't like a shill either. You may not be aware how many Gulfport Patch blogs on this topic that ''John'' has ruined. Often resulting in comments getting deleted and generally stirring up anger abut things he has no real inteest in. He does not live here. Ironically, he may even be a paid blogger who does not smoke and is only here for his paycheck.
Maybe you don't know that.
What I do know about you, though, is that you have stated you are a sucker puncher. A person who does that is as low as they can get and not what I define as a man. I prefer ''John's'' presence here more than a dbag like you. These blogs here used to be more fun, but due to past bad history on this topic and the trouble ''John'' has stirred up..many of ''the regulars'' have bowed out making comments anymore. Personally, I am still in the fight because of how strongly I deplore people like ''John'', and you. Without the support of the usual crowd here, though, I am wearing down.
kristy peddy
11:26 pm on Sunday, June 24, 2012
I'd rather see someone at the beach smoke a cigar than one of those people with fat literally hanging off their scooter as they run people over at the grocery store getting more &^%$ to stuff their faces with.
Kevin Mulvina
9:10 am on Tuesday, July 24, 2012
There is absolutely no legitimate science to promote the notion that smoking outdoors can increase anyone's health risk any more than the existence of pollen or the permissible levels of particulate matter in the air. So this promotion required irresponsible fear mongering on behalf of Government by Hires paid for with the taxes that belong to the people. The promotions of hatred, fear, ignorance and essentially all invoked to incite intolerance. Which is bad enough when carried out by terrorist organizations and special interests to manipulate supply and demand when selling smoking alternative snake oils. When the Government takes a shot at any promotion of it's own authority, we all loose. Regardless if you don't like the smell it is temporary. These taking or your rights and freedoms are permanent and will be used to exhibit an authority to do it again, Be careful what you wish for, because as you can see health-scare provides all the dominant power of "protection" any cowardly politician or sociopath will ever need, Smokers are getting it now, and you will be the target soon enough. Intolerance is easy enough to understand, it is not a bandwagon we should ride, for any reason.
Far more dangerous than smoking.
Kevin Mulvina
9:51 am on Tuesday, July 24, 2012
Cigarette taxes are collected under the claim that they compensate the cost to communities, attributable to smoking. A fallacy that is in essence passing the buck for government incompetence. Cigarettes are believed safe enough to be sold, otherwise Governments wouldn't allow them to be sold. If it is only recently that Governments realized that smoking cigarettes results in leftover smoke another question arises in the claim that we are being protected by competent people. Hitler said many years ago that involuntary smoking carries a health risk and today politicians have decided to side with his wisdom by empowerment of smoking bans, he imposed with the sane talking points and logic we see today. So if all that they are telling us is true and they believe that smoking bans contribute to public safety and a significant reduction of health costs. Are the smokers not now owed a reduction in cigarette taxes equal to the amounts of savings promised in order to promote those bans?
Kevin Mulvina
9:52 am on Tuesday, July 24, 2012
continued...
It is not a matter of diving up other peoples money to benefit non smokers, this is the legal obligation of any community who employs smoking bans, to take less in exchange for improved levels of protection afforded by their intolerance of what is described as an addiction. You wouldn't make disabled people pay a premium for their special parking spots. So why are you now charging smokers for a benefit to the comfort of the non smoking majority? Or is that the point? The majority now has the right to steal from minorities and people with medical conditions, by calling it a nasty habit or any other excuse that comes to mind. A rose is a rose is a rose, by any other name still a rose and this is theft, by taxation without representation? Sin taxes are an exercise of self important insanity. Lets let those who disagree throw the first stone.
The Emperor has no clothes.
Kevin Mulvina
11:31 am on Tuesday, July 24, 2012
Cincinnati actually built a non smoking stadium with other people's money, primarily to serve the interests of a private for profit entity known as MLB. In California they borrowed against the future MSA payments they anticipated they would receive by the deal they cooked up with Big tobacco and today their credit potential has lost value and their rating has been downgraded because their asset is over valued. Blame the black market if you like however when the Government imposes their own agenda to an unreasonable degree, it is only human nature you will create opposition and eventually as that opposition grows face the wrath of a people being treated with less respect than they are due.
At the end of the second world war people were actually pretending to smoke in defiance of Hitler. With the resounding phrase; "we only have to fear, fear itself" A tip for anyone tempted to jump on board the health-scare network, that will be targeting many of our activities in the near future. The World Health Organization has actually amassed hundreds of Public Health campaigns, ready for the nod to proceed. So what sins are you enjoying that the government and the special interests can turn into a fast buck?
Our strength has always been our unity as a strong and inclusive community, don't let the opportunists mislead that unity, as a risk to you, when it legitimately represents a risk to themselves.
"A risk to Public Health" [the massive for profit drug cartel]
Kevin Mulvina
11:45 am on Tuesday, July 24, 2012
So Lynda, have I exceeded your boredom level yet?
How would you prescribe that I should be punished, for relaying the truths of the situation, that clearly only stand as a threat, if they make your personal lifestyle choices and opinions, awkward or inconvenient?
As entitlement for a hypocrite.
mtober
10:57 pm on Tuesday, August 14, 2012
I see that Mr. Strickland's lawsuit was dismissed. As I recall and please correct me if I am wrong, the case was filed in the wrong court, served on the wrong person and the time given for response was incorrect. Does anyone know if Mr. Strickland plan to refile the lawsuit properly? Just curious. Thanks.
William Smith
3:18 pm on Friday, August 24, 2012
Lawsuit was not dismissed. Call Gulfport Attorney Salzman for the details.
William Smith
3:27 pm on Friday, August 24, 2012
Just lawyer games being paid by Gulfport tax money to defend this needless anti-smoking crusade.