Harry Boy

Whacko Judge won't let people smoke tobacco in their own house, he hasn't said anything about shoving Coke up their nose or having sex with their dog though. SMOKING TOBACCO IS LEGAL.
I am not a smoker (Harry Boy)

GOLDEN, Colo. -- A judge has upheld a homeowners association's order barring a couple from smoking in the town house they own.

http://www.thedenverchannel.com/news...01/detail.html

AMERICA DESERVES NANCY PELOSI AND OJ SIMPSON

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Harry Boy (Genius)

In The Absence Of Law And Order Society Will Surely Destroy Itself

Pujo

You're an idiot, Harry, this isn't a judge issue, it's a free market issue.

The people signed a contract when they bought the townhouse that allows the townhouse association to set rules (just like condo associations do). The townhouse association made the rule that there would be no smoking, and the smokers sued to block enforcement of that rule. Had the judge overturned the by-law, conservatives & libertarians would be (IMO rightfully) up in arms that the government is interfering with a private contract.

Patters

Personally, I've never had that much sympathy for the anti-smoking crowd. I don't think life is about longevity, it's about living life to its fullest. I'm only a social smoker, but I truly miss going out for a drink or a coffee and smoking a cig while doing so. I also think cigarettes smell better than most people!

Real World

Harry, I have a problem with dairy products. They give me bad gas. Imagine if I lived in Golden Colorado. That judge would bar me from passing gas in my own home. What's this country coming to?

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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him."
Leo Tolstoy, 1897

Pujo

Wow, look who, of all people, comes out against the free-market right of people to enter into private contracts. The judge wouldn't ban your constant farting at 3am after you ate that ENTIRE WHEEL of cheese, but you'd probably be wise not to move into a condo that gives the condo association that power.

Real World

See Patters, I said you probably were a swell dude personally, and it seems you may very well be. I'm a social smoker too. I smoke when I play cards, go to a cafe, have a drink, or am with my buds in Italy. I never carry smokes with me, and might buy a pack a month. I can totally understand the laws made to prohibit smoking in buildings. As a socialite of sorts, I've been clubbing and bar hopping since I was 18, and I remember the foggy rooms and massice clouds of second hand smoke. As a social smoker I was initially upset with the law, as were many, but now we tend to agree with its implementation as the difference is staggering. This law was an instance where sense was made. Afterall, it was a public place of sorts. My fear with it though, is that the loons don't stop at sensible. When they are given an inch, they will seek a mile. I said it at the time that loons would move to bar smoking altogether. That they would try to make sure you don't smoke indoors at all, including in your own home. To me, there is sensible, and stupid. Smoking outdoors and in private homes should never be the business of the government.

BTW, when I was in Chicago with my buds last summer, we could smoke in bars and clubs. It as wierd since we can't do the same in Boston, but it did feel incredibly liberating. As much as I understand the law put forth to prohibit smoking, I always felt that the prohibition should have been up to the owner of the establishment. If you wanted patrons to smoke, you should have had the right to decide for yourself. That way, those who didn't like the smoke could go to a non-smoking bar or club. I understand the rights of those who don't smoke, but what about the rights of those who do? Anyhow, more and more cities are moving towards smoke free laws.

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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him."
Leo Tolstoy, 1897

godef

You are truly an idiot. America certainly doesn't deserve you.

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See you at Super Bowl XLVI!

Real World

I never said I disagreed with the ruling or supported it. I'm a home owner, and would be damned if a judge would tell me how to live in my own home. I don't live in a condo though. Personally, I never would. I've known people who have had serious problems with asscociation members to which solutions were difficult to find. I'm not surprised to read that this issue in case, went as far as a judges ruling. Anyhow, the question of rights and free market contracts is exactly at the crux of this issue. Was the smoker within her rights to smoke in her own home or was the asscociation within its rights to ban it as a "niusance"? Afterall, there was no ban when she moved in, and the association implemented the ban afterward. To me, this is a prime example of tyranny of the majority. What if they did ban farting? Loud music? The use of lighting during sleeping hours? Again, it's these very reasons that I would never buy in an associated residential dwelling. My issue is whether or not changing the laws was fair since they were not in place when she moved in.

Colleen and Rodger Sauve, both smokers, filed a lawsuit in March after their condominium association amended its bylaws last December to prohibit smoking.

"We argued that the HOA was not being reasonable in restricting smoking in our own unit, nowhere on the premises, not in the parking lot or on our patio," Colleen Sauve said.

Ultimately, it sucks to be the Sauve's, and there is no easy answer. When you sign yourself to a contract, you do need to read the fine print. However, sometimes people do stretch the "intention" of the law. It is not out of the realm of possibility that they could ban farting. Hey, they could even force people to shower once a day since B.O. could seep into adjacent units. You know, now that I think of it, if this complex is two story, they could ban children, or walking at night. Why? Well I manage a 5 family property and the tenant on the 1st floor who just moved in constantly calls to complain about the 2 year old on the 2nd floor who runs around during the day. LOL. Noise travels!

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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him."
Leo Tolstoy, 1897