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Thursday, July 26, 2007
Update to my Previous Post
In my previous post I mentioned my countys, Ottawa County Michigans, proposed smoking ban. I attended, and spoke, at my countys commission meeting and hearing onTuesday. Though there were 3 in attendance that opposed the smoking ban proposal. I was the only one that spoke.
The other speakers, with the exception of one, were all in the health profession...including the director of the local health board. Go figure. Ironically one of these professionals, proclaimed that she was conservative and believed in limited government and yet, at the same time, by endorsing the proposal, is a hypocrite for giving her blessing to it and the creation of big government. The other speaker was an 11 year old girl who also spoke in favor of the ordinance. Someone just had to get that emotional "do it for the children" factor in there and who better than a child possibly coerced to do so?
In my brief "speech" in front of the commission, as noted here, and my brothers site here. I told them that I was not opposed to smoking bans where the county has the authority and is allowed to as mandated by the Michigan Indoor Clean Air Act (MICAA) but that I was only opposed to the counties smoking ban proposal as written for one reason ... because of it's far reach into creating policy that affects the private business sector. Why should this bother me or you?
When local officials are allowed to get their foot in the door of creating policy in the private sector under the guise of benefit to public health, and when the State Court of Appeals agrees and proclaims that local boards of health and commissions may create such ordinances for said reason, even though they are stricter than state law, they have thus granted the local governments tacit permission for generating laws and ordinances to regulate and create policy for what an individual is and is not allowed to do in the privacy of their own homes...in the name of public health. When that happens you can kiss your rights goodbye! What will be next? Smoking and Alcohol consumption bans in your home in the name of public health? Don't laugh. The possibility is now there! I am still awaiting word that the Court of Appeals decision will be appealed to the Michigan State Supreme Court.
A similar case on county smoking bans, with similar circumstances, was tried and overturned in full by the Supreme Court of the State or Ohio. I hope that case would get referenced if the Michigan Supreme Court ever hears an appeal by the plaintiffs. The Ohio State Supreme Court said:
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"Local boards cannot act in any area of public health without proper legislative approval,… There is no express grant of power…allowing local boards of health unfettered authority to promulgate any health regulation deemed necessary."…
“However well intentioned and beneficial the regulation adopted by petitioners may be, we refuse to extend by mere implication the authority of local boards of health beyond clearly stated and well defined limits. To do so would require that we embrace policies and objectives that were not specifically designated by the General Assembly.” (Full Opinion here) |
Granted, this in Ohio but I strongly agree with their comments and decision. Sadly, I believe this is where this proposal, if passed, and others like it in this State are going to have to be decided…In Michigan’s Supreme Court.
Some have told me that I'm fear-mongering. You're damn right I am. Federal, State and Local governments are already telling, or attempting to tell, us how to live, what to drive, what to eat etc. and the ignorant citizens of this country seem all to happy to allow the slow and continued socialization of our society all in the name and benefit of ________________________(fill in the blank) I may be slow in coming around or at least in voicing my my concern. No more. Silence is not golden. It is Permission...at least where governments are concerned.
