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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:40 PM
Original message
Woman Goes To Trial For Smoking In Yard


Woman Goes To Trial For Smoking In Yard
Woman's Habit A Nuisance To Neighbors

ALBUQUERQUE, N.M. -- Linda Garcia's neighbors said her smoking in her backyard is a public nuisance, and have filed a lawsuit against her.

"To dictate how I am living or how I'm going to live, that's beyond comprehension," said Garcia.

"One woman sitting on her back patio smoking a cigarette is not an unreasonable nuisance," said Stephen Lane, Garcia's lawyer.

On Monday morning, a judge denied Lane's motion to dismiss the case. The case is going to trial next week and Lane said he has a solid case.

Attorney Charles Lakins is representing Garcia's neighbor. He said that he agrees that someone has the right to smoke in their own backyard, but Garcia's choices should not hinder his clients from enjoying their property as well.

http://www.koat.com/news/23513247/detail.html
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name not needed Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:41 PM
Response to Original message
1. I'm starting to think that living in the desert fucks with people's heads.
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Kitty Herder Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:43 PM
Response to Reply #1
5. I dwell in the high desert myself, and I have to say,
you may be right. My neighbors are nuts. I'm nuts. But then I suspect everybody everywhere is a little nuts in their own way.
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:53 PM
Response to Reply #1
17. The heat makes people absolutely bat-shit insane...I know, I lived in Florida n/t
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BreweryYardRat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:52 PM
Response to Reply #17
62. Hell, I'm currently living in Florida, and I can testify to that. n/t
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:58 PM
Response to Reply #62
63. I lived in Cape Coral, worked in Ft.Myers...whereabouts are you?
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BreweryYardRat Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 11:22 PM
Response to Reply #63
104. Greater Tampa Bay area.
Edited on Thu May-20-10 11:26 PM by BreweryYardRat
Once I graduate from USF, I'm out of this state ASAP. Hoping to get a job with AmeriCorps -- that'll pay moving expenses.

I'm sick of the climate, sick of the rampant bigotry, sick of the crazy-ass drivers, sick of the high unemployment rate combined with NO social safety net, etc...
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 02:30 PM
Response to Reply #104
109. I wish you luck...stop by if you're in the area, and I'll buy you a Yuengling!
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Soylent Brice Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:47 PM
Response to Reply #1
49. i lived in phoenix for 3 yrs.
had to move back.
it does fuck with you.
within the first year my wife and i had enough.

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Fuzz Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:41 PM
Response to Original message
2. Fuck people, get a grip.
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virgogal Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:42 PM
Response to Original message
3. She should be shot at dawn !
:sarcasm:
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:42 PM
Response to Original message
4. And people wonder why I live in a rural area
on 1 1/2 acres of land.

People suck.
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:44 PM
Response to Reply #4
7. Not all people. Just neighbors.
<waves from hidey-hole in the woods>

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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:51 PM
Response to Reply #7
13. Hi there!
No, I guess all people don't suck, but a large part of them do. :-)

I live in a red area of Virginia so it sure seems like the majority do.

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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:43 PM
Response to Original message
6. so would they sue her for barbequing in her backyard?
what about farting in her back yard? what about her dog farting in her backyard?

Good god just when you think the piss poor protoplasm couldn't get any more primordial they go and lower the bar.
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krabigirl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:14 PM
Response to Reply #6
29. No, this is just some bs moral crusade.
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LakeSamish706 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:44 PM
Response to Original message
8. This country is becoming fucking insane. Now the question must be asked,
is this of a racist nature due to her last name?
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NYC_SKP Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:49 PM
Response to Reply #8
9. Plaintiff: "Martinez". Also, the judge has ruled in Garcia's favor. (update):
An Albuquerque couple that claim their neighbor's cigarette smoke is creating a health hazard had their day in court Monday.

Plaintiffs Jesus and Pat Martinez said their neighbor Linda Garcia's smoking in her own backyard hurt their quality of life, and filed a suit against Garcia.

But Monday, Judge Rosie Allred read her verdict in favor of Garcia.

"After hearing the facts, she said what Ms. Garcia was doing on her own property was not unreasonable," said defense attorney Stephen Lane.

http://www.koat.com/news/23585644/detail.html


I feel badly for folks who have to have security bars as shown in the picture.

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Liberal_in_LA Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:50 PM
Response to Reply #9
11. lots of security bars in Los Angeles
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Caliman73 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:27 PM
Response to Reply #11
89. Yup. I remember those well living in Los Angeles
East LA and parts of the San Gabriel Valley. They try to make them all fancy so they look nice, but they are made to keep people out.
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joe black Donating Member (514 posts) Send PM | Profile | Ignore Thu May-20-10 07:45 PM
Response to Reply #11
96. Tacoma, Washington also.
in certain parts.
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LakeSamish706 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:58 PM
Response to Reply #9
18. Thank God we have a judge with some sanity. I believe whole heartedly that second
hand smoke is an issue, but come on, you can't start banning people from things like this on their own property.
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The_Commonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:03 PM
Response to Reply #9
20. Since the Martinez's lost, what they should do is...
...get one of those giant attic fans.
When Mrs. Garcia is outside smoking, they should point it at her yard and turn it on.
When she is not smoking, they should turn it off.
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:29 PM
Response to Reply #20
75. So in addition to them being assholes for suing, you want to add
Dicks to their list of titles.

Who's side are you on anyway?
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The_Commonist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:46 PM
Response to Reply #75
78. I guess I forgot the sarcasm thingie...
Assholes and dicks.
What's missing from this equation?
Oh yeah:

http://www.youtube.com/watch?v=5aYtHDlAkN0
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Rebubula Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:20 PM
Response to Reply #8
36. LOLZ
Someone has a last name that sounds Hispanic and is involved in a lawsuit and you IMMEDIATELY thing that there could be racism.

NOT EVERYTHING BETWEEN RACES IS RACIST! A black man and a white man can fight and it not be racist.

Shit...everyone is looking for shit where there is none.
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Riftaxe Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:26 PM
Response to Reply #36
41. I remember when racism used to be a bad thing
and the term actually had meaning. These days it's tossed about so much it has become diluted from the evil that the term originally meant. Don't like the war in afghanistan, your a racist, don't like soy milk, your a racist, ad nauseum.

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Nailzberg Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 07:57 PM
Response to Reply #41
113. I hate soy milk.
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LakeSamish706 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:52 PM
Response to Reply #36
52. Nope, just asking the question and was pretty certain it wasn't, but hell is this
climate who knows?
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:26 PM
Response to Reply #8
39. you may be on to something here
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wolfgangmo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:49 PM
Response to Original message
10. 2nd hand smoke is a known carcinogen.
If her name was Cargil, y'all would be yelling at the top of your lungs for her death.

Her rights to smoke outside without controling where her poison goes ends at her neighbors nose.
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:52 PM
Response to Reply #10
14. Oh, good God.
People die from skin cancer from the sun so maybe the neighbor should hide inside.

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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:12 PM
Response to Reply #14
25. And of course you do see the difference that protecting yourself from the sun--your choice--
is vastly different than being subjected to a carcinogen that is NOT your choice.
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:18 PM
Response to Reply #25
33. What I see is people acting stupid
and hysterical. Catching a whiff of smoke from someone else's yard isn't likely to kill you.

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Lyric Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:26 PM
Response to Reply #33
40. Well thank goodness those moronic busybody control freaks LOST.
I read further about this case. The people who filed the suit, the Martinez's, claimed that Mrs. Martinez was suffering "illnesses" that she'd never suffered before as a result of the exposure to the smoke. And yet, Mr. Martinez himself used to be a smoker. She lived with the stuff IN HER HOUSE for god only knows how long, and never got sick or felt the need to threaten a lawsuit at Mr. Martinez over HIS smoking. Now all of the sudden she's "sensitive" to it and getting "ill" from a miniscule amount of dispersed smoke? Riiiiight.

I hope their lawyer charged them a fortune for their frivolous, self-indulgent, control-freak behavior.
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:58 PM
Response to Reply #40
64. That reminds me of my now ex sister in law.
She could sit in a smoke filled bar for hours drinking but if someone somewhere else lit a cigarette she acted like she was dying. It was all about control.

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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 08:32 PM
Response to Reply #40
116. Better call Saul.
That's why he fights for you Albuqerque...



http://www.bettercallsaul.com/
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:15 PM
Response to Reply #33
67. Smoke stinks...why couldn't she smoke indoors, BECAUSE SHE COULDN'T
STAND THE SMELL!
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ohheckyeah Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 08:45 PM
Response to Reply #67
97. LOL
All kinds of things stink. Toughen up.
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chill_wind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:12 PM
Response to Reply #14
26. +1
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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:10 PM
Response to Reply #10
24. Car exhaust, lawn mower exhaust, grills, firepits? You damn well better support banning people...
...from doing anything that causes any of those items listed, otherwise, you are a hypocrite with no legs to stand on.
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:14 PM
Response to Reply #24
30. Speaking of no legs to stand on...ridiculous comparison...n/t
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:18 PM
Response to Reply #30
34. Incorrect! Emissions from the above are poisonous to the body
as well as to the air and may indeed cause cancer and other problems.
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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:27 PM
Response to Reply #30
43. Really? Why don't you go smoke some of those things and then smoke a cigarette...
...and then talk about it.

Just because people don't roll up charcoal cigars or burn oil and gasoline in a pipe doesn't mean inhaling smoke from those items poses any less of a potential harm. As a matter of fact, try burning any of the above items indoors and compare it to someone smoking a cigarrette indoors. Someone smoking a cigarette, outside, in the back yard next to you, likely poses LESS harm to you than those other things.
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:16 PM
Response to Reply #43
68. Yeah, how stupid...people don't smoke those! Only addicts smoke
cigarettes because they can't stop and they push their nasty habit on all of us.
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:34 PM
Response to Reply #68
77. I think you need to lighten up.
Having sex might help. Your too wound up on this.
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katzenjammers Donating Member (147 posts) Send PM | Profile | Ignore Thu May-20-10 07:29 PM
Response to Reply #68
90. You might want think about that shit YOU are smoking.
:eyes:
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lumpy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 09:53 PM
Response to Reply #24
119. Agree with your comments. Those who are so obsessed about
other people smoking need to get help with their obsession.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Thu May-20-10 03:27 PM
Response to Reply #10
42. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:31 PM
Response to Reply #10
76. So build more supremax prisons for her and all the other smokers.
I'm sure that's taxes well spent.:eyes:
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:50 PM
Response to Reply #10
81. Second Hand Smoke is a class 1 irritant.
It is not a carcinogen. Look it up and stop pearl clutching, Mrs. Kravitz!
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taught_me_patience Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:51 PM
Response to Original message
12. I fully support this lawsuit
You are not allowed to create a nuisance that extends to neighbor's property. Should this woman be allowed to play blaring hard rock all night long? Should she be allowed to run a diesel generator that spews crap into the air? Cigarettes cause pollution that is a nuisance to neighbors.
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:52 PM
Response to Reply #12
15. Hahahaha - good thing the judge thinks your idea is ludicrous, too. n/t

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Clintonista2 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:00 PM
Response to Reply #15
19. He thinks its so ludicrous that he refused to dismiss the case?
:shrug:
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:08 PM
Response to Reply #19
21. The smoker won because judge thought the suit
ludicrous even though he let it go to trial.
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taught_me_patience Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:40 PM
Response to Reply #15
45. There will be more challenges
and eventually victories for those who don't want their air polluted by second hand smoke... it's just a matter of time.
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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:09 PM
Response to Reply #12
22. As a former smoker that fully supports indoor smoking bans and the like...
...you are completely full of shit and apparently understand nothing about the nature of cigarrette smoke. For one, most of it tends to drift upward when you smoke outside.

The neighbors are just being whiney little bitches and that goes for anyone that would agree with them. Are you also calling for the ban of firepits in backyards? What about grills? What about car exhaust coming from the road in front of your house? What about lawn mowers which also throw exhaust and occassionally visible smoke? You BETTER say yes, that you support banning people from doing all of the above or you are nothing more than a hypocrite looking for a reason to try to tell other people what to do.
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:13 PM
Response to Reply #22
28. +1000
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Michigan-Arizona Donating Member (516 posts) Send PM | Profile | Ignore Thu May-20-10 11:08 PM
Response to Reply #28
103. +2000 n/t
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:21 PM
Original message
Neighbors grill around us all the frigging time, and the smoke from that shit
nearly chokes the hell out of everyone in this apartment ( our living room-dining room area is one big rectangle that is surrounded by windows, and we are forced to close them when their shit drifts over here ) but let's not talk about that, because it is perfectly normal...

Lets bitch, instead about someone having a cigarette outdoors because...you know, if they lived with someone who was sensitive to cigarette smoke now they can't smoke indoors.

This fucking country...I swear to fucking god, is getting increasingly dumber and more intolerable every day
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:24 PM
Response to Original message
38. and then some!
"This fucking country...I swear to fucking god, is getting increasingly dumber and more intolerable every day"
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:50 PM
Response to Reply #38
50. You know...I can understand the fact that some people find cigarette smoke offensive
fine...I can understand that. Here is a person who is smoking OUTSIDE, and it is STILL offensive to these FUCKING NEIGHBORS ( who, I'm sure have their own annoying habits that piss off other neighbors, come on...they ALL have them ) complaining about cigarette smoke outdoors. Now that smoking has been banned in most bars across the country and restaurants across the country the smoke-nazis want to ban it OUTSIDE!!!! That means, smokers....they're coming to outright CRUCIFY you for your habit!

While it is perfectly acceptable and ( almost cute ) for those same complainers to bring screaming, unruly kids into a restaurant and ruin your dining experience...OH YEAH!!!! that is just fine and fucking dandy..isn't it?


ISN'T IT!!!!!!! UGGGGGGGGHHHH you fucking people...you make me want to kill sometimes
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taught_me_patience Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:38 PM
Response to Reply #22
44. Why then do I smell cigarette smoke in my condo
when my neighbor above me smokes on her balcony? Oh yeah... and it is a nuisance which I've complained about to the association.
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Lance_Boyle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:46 PM
Response to Reply #44
47. Because you're hypersensitive and/or imagining things to justify your poutrage?
Smoking is legal. Get over it.

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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:46 PM
Response to Reply #44
48. You don't have the right to never have to smell something you don't like.
And just because you can smell it, does not mean its harming your health.
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taught_me_patience Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:51 PM
Response to Reply #48
51. I smell it. It stinks. It's creating a nuisance and is a health hazard.
And... according to the previous poster, I shouldn't smell anything because "smoke travels upward".

Are you trying to now argue that second hand smoke does not harm my health?

Nutz...:crazy:
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Dank Nugs Donating Member (157 posts) Send PM | Profile | Ignore Thu May-20-10 03:59 PM
Response to Reply #51
57. You can go somewhere else
I own the property. If I want to smoke on it. I can. If you don't like it, then move, go back inside or take appropriate measures to redirect the smoke. You bitch too much. Life is inherent risk, you don't get out alive. Deal with it.
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:14 PM
Response to Reply #57
66. Nice defense by an obvious addict...n/t
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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:12 PM
Response to Reply #51
58. Dangerous secondhand smoke is like if you are continuously being exposed to clouds of it in a closed
...in a closed in area. And its a known fact that the chances of lung cancer are directly in correlation with the amount of smoke you inhale daily and the number of years you spent inhaling it into your lungs. Catching an outside sniff from your neighbor or another passer by is not going to give you lung cancer. For one, you would actually need to be breathing it into your lungs. If you were trapped in a room with it where the smoke has no place to go, you end up breathing it in whether you want to or not. That is how second hand smoke works.

After I quit smoking, I don't like the smell anymore either. But I'm not such a self absorbed, uninformed asshole that I'm going to try and impose that on my neighbors and try to justify it with irrational fears of getting a disease from it.
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:18 PM
Response to Reply #58
71. Once more, a defense of what you ASSUME the facts are...
ooccasional whiff? She's probably hacking outside the entire time because she can't stand the smoke inside her house.
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phleshdef Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:25 PM
Response to Reply #71
74. I'm not assuming shit. You aren't getting dangerous second hand smoke.
But go ahead and try to make a case in court like these idiots, I guess you gotta waste your money on something.
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ekelly Donating Member (303 posts) Send PM | Profile | Ignore Thu May-20-10 06:00 PM
Response to Reply #71
83. Priceless...
Talk about ASSUMING...

"She's probably hacking outside the entire time because she can't stand the smoke inside her house."

Would that be an ASSUMPTION on your part?
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:56 PM
Response to Reply #44
54. i tell ya... the next person that farts around me, i am suing their ass.... nt
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:46 PM
Response to Reply #44
79. LOL! You'd run to the elevator if it was pot you smelled, and they offered you a toke.
:rofl:
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:54 PM
Response to Reply #22
53. it is like seeing a smoker 100 yrds away, look of horror, point, they are smoking, they are smoking,
see

OMG... they are trying to KILL me.

i saw, i saw someone smoke, that alone is going to give me cancer.

help me

i am melting.....


whatevah.
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Bryn Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:23 PM
Response to Reply #53
73. Ha! You're so right. Anti-smokers react same to electric cigarettes
even though e-cigarette consists no smoke, no poison, practically odorless. Just vapor (like fog/mist) yet anti-smokers go nuts whenever they see someone vaping because it looks too much like smoke. Once when I was vaping outside a lady walking by started to fan her nose even though I wasn't close. Funny!
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iris27 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:22 PM
Response to Reply #73
87. Not this anti-smoker.
I'd be thrilled as hell if everyone switched to e-cigs. I've been trying to pimp them to my boss, who is facing a July 1st "smoke-free campus" deadline when our workplace won't even let people smoke outside...she will have to walk off property. An e-cig, she could use in her office!
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iris27 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:23 PM
Response to Reply #73
88. delete...dupe.
Edited on Thu May-20-10 07:24 PM by iris27
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:17 PM
Response to Reply #12
32. She probably smokes outside because she can't stand the smell and
it lingers INSIDE her house...hypocrite addict that she is.
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:19 PM
Response to Reply #32
35. How do you know she doesn't smoke inside her home as well?
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joeybee12 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:17 PM
Response to Reply #35
69. How do you know she doesn't...the people probably complained because
she smokes there all the time...an occasional cigarette wouldn't be bad...she was stinking the place up. Nice defense of an addict.
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ekelly Donating Member (303 posts) Send PM | Profile | Ignore Thu May-20-10 06:05 PM
Response to Reply #69
84. You use the word 'probably' a lot...
It's easy to be afraid of things you know nothing about.

Why don't you find some facts to back up all of your 'probable' scenarios and then get back to us.
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dionysus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:25 PM
Response to Reply #32
59. you must be a peach to live near.
:rofl:
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etherealtruth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 06:17 PM
Response to Reply #32
85. Hmmmm do you have such compassion for all people that suffer from addiction?
.... or is your enlightened attitude directed toward only people with addictions that you can feel sanctimonious about?

You are correct most smokers are addicted .... my understanding is that this particular addiction is even more difficult to over come than heroin or alcohol ...? I don't think I have ever met an other human being that was 'happy' to be addicted to anything.

I absolutely do not allow smoking in my house or my car. As for other's smoking in unconfined spaces I clearly understand that they pose essentially NO risk to my health or well being.

There are plenty of things in life I don't like (arrogant @ss-holes are at the top of the list) but I am well adjusted enough to understand that if I have a problem its my problem.

My particular addiction is caffeine.
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:31 PM
Response to Reply #85
91. reason. OMG
i am gonna cry.... lol

sigh
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etherealtruth Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 09:54 PM
Response to Reply #91
98. I like to think of it as compassion ...
... coupled with the ability to accept imperfection in myself and others.

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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 10:40 PM
Response to Reply #98
101. ya... i hear ya. and sweet it is.
thanks.
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Dank Nugs Donating Member (157 posts) Send PM | Profile | Ignore Thu May-20-10 03:44 PM
Response to Reply #12
46. Yes, and having you as a neighbor is also an unreasonable nuisance n/t
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sui generis Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 09:00 AM
Response to Reply #12
106. so do backyard barbecues
and flatulence.
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Trillo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 02:53 PM
Response to Original message
16. This is about Benzene Pollution?
After teh Gulf oil leak, these kinds of citizen to citizen suits seem like Beating-On-The-Little-People Syndrome.

http://en.wikipedia.org/wiki/Benzene">"Benzene is a natural constituent of crude oil, and may be synthesized from other compounds present in petroleum. Benzene is an aromatic hydrocarbon..."
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The Damned Donating Member (284 posts) Send PM | Profile | Ignore Thu May-20-10 03:10 PM
Response to Original message
23. Death by Hanging!
Smokers deserve no less!
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leftofcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:16 PM
Response to Reply #23
31. Then let us also hang those who barbeque, mow their laws,
start their cars etc... All of the emissions from those things are poisonous to the body and to the air.
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krabigirl Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:13 PM
Response to Original message
27. Wow...just...wow. What kind of a society is this. People just cannot deal with anything anymore.
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:57 PM
Response to Reply #27
55. that is exactly it..... i was gonna say
Edited on Thu May-20-10 03:58 PM by seabeyond
but then i saw your name

and thought

hm

we got into it last time

what was that about

oh, something about blonde girls or something, lol. or wrinkles/getting old.

peace

i am gigglin
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:49 PM
Response to Reply #27
80. Amen.. It's the grand culmination of "ME" culture
It sucks to have to close up my house on a nice breezy day, but if my neighbors are barbequing and the wind is just right, the smoke comes into MY house.. I guess I never thought of calling the cops & getting a lawyer:)

I also am accustomed to closing up my house when the neighbors have parties in their back yard, next to mine..

I guess I could just turn up my tv REALLY LOUD, but for at least 35 years now, just closing up the doors & windows for a few hours seems to be working fine..and if we have to turn on the a/c...well we just do it :rofl:

What an opportunity we have missed.. we could have spent half of what we have to hire lawyers to try to get half of what the criminal neighbors have :rofl:.. truth be told I don't think either of us has anything of much value :)
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dmallind Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:21 PM
Response to Original message
37. I'm a pretty solid anti-smoking type and this is too much for me.
Outside and more than a few feet from a door to either a public accommodation (or a private accommodation where owner does not approve)? Go nuts and smoke all you want.

Neighbors - if your yard is that small and or she smokes so much to bother you, buy a fan and put it next to the shared fence. You have an equal right to blow smoke just like she does, and I can guarantee a fan will win over a pair of lungs - especially a smoker's lungs.
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 03:59 PM
Response to Reply #37
56. would have been a hell of a lot cheaper to than a lawyer. hope they have to pay smokers
lawyer fees too
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spoony Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 11:30 PM
Response to Reply #37
105. Me, too.
This is, like, a whole different level of anti-smoking.

Actually I bet there's something else going on here and if it wasn't this they'd be in court over a tree hanging over the property line or whatever. There's bad blood there.
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blueworld Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 01:23 PM
Response to Reply #37
108. Not if the smoker gets a bigger fan. Nastiness is not the answer. n/t
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:30 PM
Response to Original message
60. It's a damned good thing they don't live where I do
The people in this part of the country go absolutely batshit insane when there is a burn ban.
These folks burn shit ALL THE TIME!
Leaves, trees, garbage, etc etc etc.
I'd be in heaven if the only the thing I had to inhale was cigarette smoke!
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RagAss Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 04:50 PM
Response to Original message
61. I'm sorry, but if my neighbors got this far up my ass.....
.......they're getting an Halloween egging from Hell !!!!
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TK421 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:11 PM
Response to Original message
65. I just had to remove a very lenghthy post because I was sure it would get me TSed
for reasons of profanity usage alone
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RainDog Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 10:17 PM
Response to Reply #65
99. lol. I just did the same thing
the number of smug, self-righteous assholes on this board are enough to make you wonder if you want to be associated with any party they're a part of.
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:18 PM
Response to Original message
70. I am sure the puritans will applaud this. The same ones who have their cars spewing crap
Funny how I get called a libertarian at times here because I like people to be free to choose where to drink/smoke/etc.

I guess it is easier for some to label than to discuss.

Don't worry, the govt will save you from people like me eventually and you will be free to not be free.

Whatever the hell that means.
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katzenjammers Donating Member (147 posts) Send PM | Profile | Ignore Thu May-20-10 07:34 PM
Response to Reply #70
92. The nuttiest part of this er, 'discussion' is that many so-called progressives
are perfectly willing to flush civil liberties of "those" people down the toilet if they don't comport with their expert opinion. And some will come right out and claim that the exhaust from their automobile is less of an intrusion on the lungs of others than the exhalations from one (evil) cigarette smoking person. (I smoked for 47 years...quit cold turkey in 2007 and have made a conscious effort to NEVER become a Nazi on the subject.)
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 10:19 PM
Response to Reply #92
100. Yeah, I get nailed here a lot for being pro-choice and pro-freedom, as though it were bad
go freaking figure.

If I support choice I am a libertarian, if I don't support a woman's choice I am rw, etc.
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seabeyond Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 10:41 PM
Response to Reply #92
102. geeez, dont let progressive fool ya. willing to throw their own away when stepping in a scanner
odd kinda thing.
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LeftishBrit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:21 PM
Response to Original message
72. I'm anti-smoking but this is going much too far.
I suspect that it was an excuse for some sort of vendetta against her.
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Touchdown Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 05:52 PM
Response to Original message
82. I thought Mrs. Kravitz was a nosy laughing stock.
Who knew she was a model citizen?:shrug:
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jp11 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 06:25 PM
Response to Original message
86. If after finding the woman doesn't smoke a tree trunk several times a day and the judge doesn't toss
the case out I'm going to guess he/she designates a smoking section for the woman, in her house or front/back of property.
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4 t 4 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:35 PM
Response to Reply #86
93. Maybe we should
make her move to a STATE that allows smoking? What do you think?
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iris27 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:36 PM
Response to Original message
94. The lawsuit is obviously ridiculous, but everyone in this thread saying a
neighbor's smoke isn't a nuisance is wrong. Our neighbors recently started smoking exclusively outside after losing one of their indoor dogs to lung cancer at a very young age. I would never even so much as complain to them, because I know they have nowhere else to go except maybe to sit in their cars, but it does stink bad enough that we can't have our windows open on a mild evening. If the neighbor on the other side used super-potent manure as fertilizer, or just let garbage pile up on their patio or something, and it smelled, I'd say something to them, but the smokers get a pass.
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Arugula Latte Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-20-10 07:36 PM
Response to Original message
95. It's absolutely revolting to have to breathe in someone else's cigarette smoke.
This went too far, but I completely understand the sentiment behind it. Smoking sucks.
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rusty fender Donating Member (442 posts) Send PM | Profile | Ignore Fri May-21-10 10:52 AM
Response to Original message
107. An interesting sidebar to this case is
that the law firm representing the plaintiff belongs to Pete Domenici, Jr. PD Jr. is a Republican running for his party's nomination to face the Democrat this Nov. PD, Jr. has also stated that he is against ALL abortions, even in cases of rape and incest. And aren't the Repubs the ones who decry "frivolous" lawsuits? This is about as frivolous as they come.
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woo me with science Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 02:32 PM
Response to Original message
110. Beware ye fascists on the Left as ye beware fascists on the Right. nt
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LeftishBrit Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 06:03 PM
Response to Reply #110
111. I see no evidence that these people are left-wing.
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lib2DaBone Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 07:39 PM
Response to Original message
112. I love all the bars on the back porch.. in Florida..we call them Miami Awnings...
The gang bangers and thugs may come thru your windows at any moment... but at least we get those nasty people off the street.. you know... the people who want to sit on their porch and have a smoke.

Thank god she didnt want to sit on her proch and have a MJ Cigarette.. the SWAT team and full armored Humvees will come crashing into her yard.

I just love the priorities in America :)

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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 08:09 PM
Response to Original message
114. Insanity like this...
would drive me to burning diesel fuel soaked tires in my backyard... just to give them something to really complain about.

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Fumesucker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 08:26 PM
Response to Original message
115. I've never smoked cigarettes or any other tobacco.
And yet this evening I was sitting out on the back porch with two smoker who were both indulging and I barely noticed the odor.

I think this lawsuit was frivolous and over the top..

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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 08:42 PM
Response to Reply #115
117. Yeah but some 'progressives' don't care because smoking is a 'sin'
So anything, and I do mean anything, which is against smokers is great.

It is the same mindset seen over and over in history. Find a group, or groups, to demonize and call out as sinners and then go after them. Then another group. Then another.

What is sad is how many will jump on the train - all in the name of health, welfare for the group, etc.

How many here on DU called it all years ago? It was not about people smoking in bars, then outside, then in cars, then in homes - it was about a desire for some people to control the lives of others. These same people will rip you a new one and call you an anti-choice fundie if you ever say one thing about abortion (especially if you are a male). But their desire for choice suddenly ends when the choice you make is one they don't like.

"It affects me" as does your shopping, driving, type of car you buy, internet usage, etc.

Either you are for choice and freedom or you are not. It sometimes sucks to be sure, but I would rather let people have choice and freedom then to make them subject to the whims of some god and their definition of sin.

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Fumesucker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 10:46 PM
Response to Reply #117
120. I haven't seen anyone call for making tobacco illegal to the point of say, marijuana..
Not saying it hasn't happened, just that I haven't seen it so I doubt it is all that common.

Smokers really don't have all that much to complain about until their vice is added to the drug war, IMO.. At least that's my perspective as someone who prefers a couple illegal recreational drugs to alcohol.

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rucky Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-21-10 08:48 PM
Response to Original message
118. From the city that brought you the McDonalds hot coffee lawsuit. n/t
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