Store owner intentionally violates Daviess smoking ban

February 2006

MACEO, Ky. -- A Maceo convenience store owner intentionally violated Daviess County's ordinance regulating smoking in public places and is now considering challenging the regulation.

The deputy made Colbert the first person cited for violating the ordinance, which took effect Jan. 1. The Lewisport man said he'll talk with lawyers before deciding whether to challenge the constitutionality of the ordinance.

"I don't agree with it," Colbert said. "I think it's against my constitutional rights. What's next? I can't sell hamburgers because they got grease in them?"

Colbert said many of his customers who come in for breakfast and lunch smoke as do many of his employees.

"The food industry in my store is 68 percent of my business," Colbert said. "It would absolutely put me out of business if I ban smoking."

The Daviess County Sheriff's Department responded to three complaints about smoking at Hillbilly on Friday, Capt. David Osborne said. It had received seven other complaints since the ordinance took effect, he said.

Osborne said Colbert asked a deputy to cite him, but the deputy said he needed to see someone smoking to issue a citation.

The ordinance requires businesses that allow smoking to post signs saying anyone under the age of 18 are not allowed in, Osborne said. If the businesses ban smoking, they must post signs to that effect, he said.

If there's no way to challenge the ordinance, Colbert said he will pay the $50 fine. Beyond that, Colbert hasn't decided what he will do.

_________________________________________________________

More Thoughts:

I am hoping FREEDOM LOVERS everywhere will begin to stir up whatever resistance to smoking bans they can.  Find folks like Ricky : ) then SUPPORT them, and stop supporting anyone else (if possible).  Just think how well those stoopid bans would work if there were widespread flouting of them.  How many taxpayers would go for pulling most of the cops off of real law enforcement (rapes, robberies, murder, real drugs - heroin, crack, etc) to spend all their time trying to keep folks from smoking cigs and cigars on THEIR OWN property???

When you enter any store, restaurant, or business that YOU DO NOT OWN, remember YOU ARE A GUEST.  You do not HAVE to go into ANY place like that if you don't want to.  Our US Supreme Court HAS ruled that businesses are NOT transformed into 'public property' just because they INVITE folks from 'the public' to enter.  If YOUR name is not on the lease or mortgage, IT IS NOT YOUR PROPERTY - NO MATTER HOW MANY CITIZENS in your state have 'voted away' the REAL OWNER's property rights.   If it happens the REAL OWNER either SMOKES themselves, or is tolerant of their other cusotmers who do so, how do you think he feels about a visitor (and probably a stranger to him) who is complaining and trying to tell him/her how to run THEIR business???  If you don't like the atmosphere of a place where you are VISITING, you are free to go away and NOT COME BACK.  SHAME ON YOU if instead you are gathering the police power of government (in ANY form - city/county council, voters, or state legislature) to take AWAY that OWNER's PRIVATE property rights.  As a taxpayer, I am OUTRAGED at this waste of government resources, too.

I just found out my own tax $ in 'tiny town' (Edmonton, KY) where we live (population 1,500 - entire county about 8k) are being used to send kids caught smoking in the bathroom in school to COURT!  Geesh.... served my share of detentions in school for smoking in the bathroom myself - that is practically an American tradition - there are even songs about it.  But a WASTE of taxpayer $ - plus we are giving these kids (who haven't done ANYTHING else) a criminal record?????  Next thing on my list to raise Cain about.  Will have to go to a town meeting.

One thing I know - if 6 (or however many) city council members can that easily vote IN a ban, they are ABLE just as easily to VOTE IT OUT again.  You will have a job to VOTE ALL OF THE ANTIS OFF your city council - and make sure their replacements (no matter WHICH party they belong to) believe in TRUTH and PRIVATE PROPERTY RIGHTS.

This is why I have been giving the benefit of the doubt for those areas that have passed a PRIVATE PROPERTY smoking ban. BOYCOTTING does not start until the ban actually goes into effect. I am hoping that in some cases sanity could return, and it could be overturned BEFORE it goes into effect. That would save a LOT of future trouble.