The Unrepentant Individual

...just hanging around until Dec 21, 2012

May 27, 2005

Private clubs are public property

Perry at Eidelblog brings us a good example of the erosion of liberty at the hands of our legislature and courts.

Smoking bans at “public places” have always irked me, because most of the “public places” they refer to are actually private establishments open to the public. Now, Perry points out that the net has been cast wider.

Read it again: a judge says that a private club, meeting on its own private property, is still subject to a law that bans smoking in public places. Since when is private property a public place?

Even more pernicious to liberty and the Constitution is how Judge Victor Marrero phrased it: the members “have no fundamental constitutional right to smoke tobacco.” Really now? Where in the Constitution do we have the right to breathe? Or cross the street? Where does the Constitution give Marrero the enumerated right to go to the bathroom? After all, with his ruling, he s*** on the Constitution and wiped his a** with the Bill of Rights.

I have a clue for you, judge: the Ninth and Tenth Amendments. You should read them sometime.

Really, what’s next? That you can’t smoke in your own home? Oh, wait, they’ve already decided that. I really think that they’ve just figured out that like guns, you can’t ever make smoking illegal. You can just make it illegal to do anywhere except a one-room shack somewhere in Montana.

When I was living in California, I considered joining this club. I no longer smoke cigarettes (almost 1 1/2 years smoke-free now), but a nice cigar now and then with the guys is one of life’s little pleasures. I chose not to join because it was ridiculously expensive, somewhere around $200/month, and I didn’t really care to hobnob with the social circle of Lake Forest, California, but having it be a private club was the only way they could get around California’s smoking ban. But once the Ninth Circuit gets wind of this decision, Club Aficionado might as well close its doors.

I’ve gotta stop now. I’m starting to feel my blood pressure rise, and reading stuff like this makes me want to scream and yell at all the idiots who seem to think that government will stop with regulating smoking. Get a clue people, after they’re done with the smokers, your bad behavior is next. I definitely recommend, since my head is nearing the explosion point, reading more of what Perry had to say, because he managed to keep a nice rant flowing. If you need me, I’ll be in a one-room shack in Montana, with my good friend Arturo Fuente Flor Fina 8-5-8.

A Limey In Bermuda linked with Why Bermuda Does Not Need A Public Smoking Ban
Posted By: Brad Warbiany @ 8:31 am || Permalink || Comments (4) || Trackback URL || Categories: Uncategorized


  1. Take a puff on me. I can’t make it to Montana ’til September.

    Comment by KJ — May 27, 2005 @ 8:51 am
  2. OK Brad, Take a deep breath…Breath in through your nose…and out through your mouth. You would be surprised how quickly your blood presure will go down. We don’t need those veins on the side of your neck bulging, it just doesn’t look that good. Now, try it again. That’s better, go back to work.

    Comment by Lucy Stern — May 27, 2005 @ 10:00 am
  3. This is just a guess; but, maybe this particular judge is on Viagra and this is just a typical case of Blind Justice. lol

    Comment by T. F. Stern — May 27, 2005 @ 12:51 pm
  4. Why Bermuda Does Not Need A Public Smoking Ban

    Royal Gazette Opinion, Thursday 2 June 2005 Last month, Health Minister Patrice Minors revealed plans to restrict smoking in public places such as bars and restaurants. Legislation could be tabled by the end of the year. An increasing number of

    Trackback by A Limey In Bermuda — June 3, 2005 @ 11:32 am

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