"There is no limit to what a man can do or where he can go if he doesn't mind who gets the credit." - President Ronald Reagan.

Buy The Amazon Kindle Store Ebook Edition

Buy The Amazon Kindle Store Ebook Edition
Get the ebook edition here! (Click image.)

Monday, April 28, 2008

A Man's Home Is His Castle: Apparently Not In California

From Bartleby.com:

People enjoy the position of rulers in their own homes, and others have no right to enter without the householder’s permission.

‡ The legal doctrine “A man’s home is his castle” is reflected in the Bill of Rights: “The right of the people to be secure in their … houses … against unreasonable searches and seizures shall not be violated.”


If California Democrat State Senator Alex Padilla has his way, this doctrine will fall by the wayside. According to the Associated Press, "California apartment complexes could be declared smoke-free zones under legislation that's scheduled to be considered this week by a state Senate committee.

Sen. Alex Padilla (D-Los Angeles) says his bill would ensure that owners of rental housing have the option to ban smoking.

"The way the law is (currently) written..., it's not explicit for landlords to declare smoke-free housing units without being sued," he said. "We're trying to make the law a little more clear, a little more explicit."

The bill, scheduled to be heard Tuesday by the Senate Judiciary Committee, would allow landlords to ban smoking on all or a portion of their property, including in any building on the site.

Tenants could continue to smoke inside their homes until their pre-smoking ban rental agreements expired. A violation would be considered a breach of the agreement and could lead to eviction."

Obviously, this legislation would, if enacted, affect the poorest renters the most. "It could result in month-to-month renters, many of whom are poor, having as little as 60 days to quit smoking or find new places to live," said Cindi Alvidrez, a legislative assistant with the Western Center on Law and Poverty, which lobbies on behalf of the poor.

The bill also relies on disputed data on the effect of second-hand smoke on non-smokers.

When a person rents an apartment or house, that is his castle. He or she has every right to indulge in a lawful activity. Smoking is a legal activity and the sale of tobacco products is also lawful.

It appears that the Democrat-controlled California legislature feels otherwise. Nanny government rears its ugly head once again.
*******
Side note: Is $10.00/gallon of gas coming? Check this article out: $10/gallon coming?

No comments:

Search This Blog