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Old 01-21-2013, 07:24 PM   #383
dirk digler dirk digler is offline
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Join Date: Jul 2003
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Quote:
Originally Posted by AustinChief View Post
State and city politicians (hell Senators and Reps on the national level even) are not known for crafting legally defensible laws consistently. BUT in these cases a court would likely ignore the nuisance aspect and move forward with the health aspect. Even then it would be a tough case to defend according to the standards established by the Supreme Court. Unfortunately we'll never see one of these go that far.

Saying that XYZ political body cited ABC as a reason doesn't make it valid. As someone pointed out earlier... sodomy laws were overturned yet I'm sure XYZ state had some bullshit reasoning cited in the law as it was written.

This is like me saying that blood doping is wrong and you countering by saying... but Lance Armstrong does it! Um, ok... that really doesn't change the fact that it's wrong.
All I did was answer your question. Yes States and cities have banned smoking by citing public nuisance. I would imagine the vast majority of the bans all pretty much state the same thing because they like to copy each other especially if a court has upheld the law.
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