Austin Smoking Ban Hits the Courts

Austin-American Statesman: Judge won't rule on citywide smoking ban until next week (link will rot)

A federal judge will not decide until at least next week whether to halt Austin's ban on smoking in bars and restaurants.

A group of bar owners sued the city shortly after the ban took affect Sept. 1, saying it is too vague to enforce and violates their constitutional rights. Their main goal is to get the ban permanently tossed out. But bar owners also want U.S. District Judge Sam Sparks to temporarily stop the ban because, they say, their profits have already dropped dramatically.

I, of course, wish them success. I want the smoking ordinance repealed, thrown out, eliminated, and ruled a gross violation of fundamental human rights. I want business owners to be able to choose for themselves what activities, which people, and what things are allowed on their property.

However, I have no doubt that if the ban is stripped down, the same assholes who proposed and supported it will just come back with another that ducks and dodges just the right ways to be legal enough.

This court challenge is fighting the symptom of a disease.

Health inspectors must cite a bar for three violations before the city can take it to court.

Austin has filed criminal charges against only one business, Clicks Billiards, for refusing to put away ashtrays and smoking-allowed signs after several inspections. Bar owners can be charged with a Class C misdemeanor, punishable by up to a $2,000 fine.

I wasn't aware of that. Good for Clicks.

Sparks took a few jabs at the ban and its supporters.

"That's what the problem is with zealots. They overreach," he said, alluding to the anti-smoking leaders who wrote the ban, then gathered petitions to put it to a vote in May. "The people who wrote this (ban) intentionally dropped the word 'reasonably' and put 'necessary.' That could mean shooting a person" if they refuse to stop smoking.

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At the end of every law is am armed law enforcement official ready to do just that, Mr. Sparks. A pity only egregious cases bring that to your awareness.

Posted by Drizzten at October 13, 2005 01:38 PM