Sue the city of Belmont, a city unlike a state is a corporation that can sue and be sued without it's or the state's permission, there is probably more than 1 angle you can take in the suit but let the city know you are not going to stand down for this bull shit. A class action suit by smokers, vendors, merchants and Apartment Owners might be a better way than individual suits but set aside individual cases in case the class action suit does not pan out. Let them know you or people like you are going to be on the cities back like flies on stink until they repeal the ordinance.--- In [email protected], Harland Harrison <[EMAIL PROTECTED]> wrote: > > on 11/18/06 2:06 AM, jamie petroskas at [EMAIL PROTECTED] wrote: > > What other forms of assault have they banned? > > > They did not ban assault. Rich people can still smoke in their children's > bedrooms. They singled out people who cannot afford detached homes, ($800K+ > in Belmont). > > Harland Harrison > Apartment 525 > Belmont CA > LP of San Mateo CA > > > > > On 11/16/06, Victor Bozzo <[EMAIL PROTECTED]> wrote: > >> > >> > >> Printed from THE DAILY JOURNAL, dtd. 11/15/2006 > >> > >> ---------------------------------------------------------- > >> > >> Belmont to be first U.S. city to ban all smoking > >> By Dana Yates, Daily Journal Staff > >> > >> > >> Belmont is set to make history by becoming the first city in the nation to > >> ban smoking on its streets and almost everywhere else. > >> The Belmont City Council voted unanimously last night to pursue a strict > >> law that will prohibit smoking anywhere in the city except for single-family > >> detached residences. Smoking on the street, in a park and even in one's car > >> will become illegal and police would have the option of handing out tickets > >> if they catch someone. > >> > >> The actual language of the law still needs to be drafted and will likely > >> come back to the council either in December or early next year. > >> > >> "We have a tremendous opportunity here. We need to pass as stringent a law > >> as we can, I would like to make it illegal," said Councilman Dave Warden. > >> "What if every city did this, image how many lives would be saved? If we can > >> do one little thing here at this level it will matter." > >> > >> Armed with growing evidence that second-hand smoke causes negative health > >> effects, the council chose to pursue the strictest law possible and deal > >> with any legal challenges later. Last month, the council said it wanted to > >> pursue a law similar to ones passed in Dublin and the Southern California > >> city of Calabasas. It took up the cause after a citizen at a senior living > >> facility requested smoke be declared a public nuisance, allowing him to sue > >> neighbors who smoke. > >> > >> The council was concerned about people smoking in multi-unit residences. > >> > >> "I would just like to say 'no smoking' and see what happens and if they do > >> smoke, [someone] has the right to have the police come and give them a > >> ticket," said Councilwoman Coralin Feierbach. > >> > >> The council's decision garnered applause from about 15 people who showed > >> up in support of the ordinance. One woman stood up and blew kisses to the > >> council, another pumped his fist with satisfaction. > >> > >> "I'm astounded. I admire their courage and unanimous support," said Serena > >> Chen, policy director of the American Lung Association of California. > >> > >> Chen has worked in this area since 1991 and helped many cities and > >> counties pass no smoking policies, but not one has been willing to draft a > >> complete ban. > >> > >> "I feel like the revolution is taking place and I am trying to catch up," > >> Chen told the council. > >> > >> The decision puts Belmont on the forefront of smoking policy and it is > >> already attracting attention from other states. > >> > >> "You have the ability to do something a little more extraordinary than > >> Dublin or Calabasas. I see what they've done as five or six on the Richter > >> Scale. What the citizens of Belmont, and of America, need is five brave > >> people to do something that's a seven or eight on the Richter Scale," said > >> Philip Henry Jarosz of the Condominium Council of Maui. > >> > >> "The whole state of Hawaii is watching" he said. > >> > >> Councilman Warren Lieberman said he was concerned the city will pass a law > >> it cannot enforce because residents will still smoke unless police are > >> specifically called to a situation. Police cannot go out and enforce smoking > >> rules, he said. > >> > >> "It makes us hypocrites by saying you know you can break the law if no one > >> is watching," Lieberman said. > >> > >> However, both Feierbach and Warden argued it is the same as jaywalking, > >> having a barking dog or going 10 miles over the speed limit. All are > >> illegal, but seldom enforced. > >> > >> "You can't walk down the street with a beer, but you can have a > >> cigarette," Warden said. "You shouldn't be allowed to do that. I just think > >> it shouldn't be allowed anywhere except in someone's house. If you want to > >> do that, that's fine." > >> > >> Dana Yates can be reached by e-mail: > >> [EMAIL PROTECTED]<dana%40smdailyjournal.com>or by phone: (650) 344-5200 > >> ext. 106. What do you think of this story? Send > >> a letter to the editor: > >> [EMAIL PROTECTED]<letters%40smdailyjournal.com> > >> . > >> > >> >
