Cigar Weekly

TommyBB · 10-22-2010, 08:35 AM

This link to the Upper Michigan Source has a poll, as well. We need to vote. Basically a judge in Baraga Michigan has banned smoking at the American Legion hall. See the article for details.

Quote:

In a six-page order explaining his decision, Goodman finds the State is more likely to prove its case as "passed laws are presumed constitutional" and that the "Legislature has the authority to pass which limit people's exposure to health hazards."

The decision also required Goodman to weight the harm to the Post in granting the injunction versus the harm to the public in not granting the injunction.

Goodman decided there was more harm in not granting the injunction, because "harm to the public is presumed when a law, which has been properly enacted, is not followed," and what's more, not granting the injunction could cause more businesses or groups to violate the law.

Goodman's order is effective immediately.

tonycsmoke · 10-22-2010, 09:51 AM

The sad thing is that smoking bans have never been turned over as unconstitutinal. The only one that I know of that has been turned over was Louisville that was turned over because it banned in some and not others. They turned around with a stricter ban. Its sad that those that served to protect our freedoms are denied them so easily.

Biff123 · 10-22-2010, 10:09 AM

The ban in Michigan is for all places that serve food. The Lions, Elks, and Moose clubs are also banned from smoking because of this reason. I believe smoking is banned in alll public buildings except CIGAR BARS. Cigarlady knows the MI law better than anyone I know, I'll try to have her comment on this. And I did vote no!

stogie5150 · 10-23-2010, 04:44 AM

Wonder how many of the VFW halls will actually BE smoke free? In my yoot, there were some guys in the VFW what woulda kicked anybody's ass over the moon that told them they couldn't smoke in THEIR building....dunno if its still like that anymore...but I'd bet it is...

beevod · 10-25-2010, 08:00 AM

"Ve know vat's good for you."

smokinlady · 10-25-2010, 11:08 AM

As far as I understand the law, you already can't smoke in any of the clubs or halls. No Elks, the Detroit Athletic club, nothing, private or not. Not based on serving food, but based on if you employ people. If you got your exemption as a cigar bar here, you actually can serve food in said establishment. There are a few cigar bars in Michigan that still serve food (Leaf, Barley and Vine in Brighton being one example). They amended the ban as close as a week before it took effect, cutting out the clubs. Small bargain was made writing them out. Very poorly written..... very frustrating...

10-22-2010, 09:51 AM	#2
tonycsmoke Club Member Join Date: Dec 2004 Location: St Louis Posts: 3,372	The sad thing is that smoking bans have never been turned over as unconstitutinal. The only one that I know of that has been turned over was Louisville that was turned over because it banned in some and not others. They turned around with a stricter ban. Its sad that those that served to protect our freedoms are denied them so easily. __________________ "Homer, slow down you'll kill us" yelled Marge. "Or die trying" exclaimed Homer.

10-22-2010, 10:09 AM	#3
Biff123 Herf Meister Join Date: Aug 2002 Location: Canton, MI Posts: 5,596	The ban in Michigan is for all places that serve food. The Lions, Elks, and Moose clubs are also banned from smoking because of this reason. I believe smoking is banned in alll public buildings except CIGAR BARS. Cigarlady knows the MI law better than anyone I know, I'll try to have her comment on this. And I did vote no! __________________ God Bless Our Troops Last edited by Biff123; 10-22-2010 at 12:49 PM.

10-23-2010, 04:44 AM	#4
stogie5150 CW Master Boiler Club Member Join Date: May 2002 Location: Slidell, LA CSA Posts: 4,476	Wonder how many of the VFW halls will actually BE smoke free? In my yoot, there were some guys in the VFW what woulda kicked anybody's ass over the moon that told them they couldn't smoke in THEIR building....dunno if its still like that anymore...but I'd bet it is... __________________ "I'd smoke in my sleep if'n I could get somebody to hold 'em!" - Brother Dave Gardner

10-25-2010, 08:00 AM	#5
beevod Herf God Join Date: Jan 2003 Location: New York City Posts: 20,786	"Ve know vat's good for you." __________________ "Moderation in all things. Excess in everything else."

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10-25-2010, 11:08 AM	#6
smokinlady Starting Member Join Date: Apr 2010 Location: Chelsea, MI Posts: 21	As far as I understand the law, you already can't smoke in any of the clubs or halls. No Elks, the Detroit Athletic club, nothing, private or not. Not based on serving food, but based on if you employ people. If you got your exemption as a cigar bar here, you actually can serve food in said establishment. There are a few cigar bars in Michigan that still serve food (Leaf, Barley and Vine in Brighton being one example). They amended the ban as close as a week before it took effect, cutting out the clubs. Small bargain was made writing them out. Very poorly written..... very frustrating...