i would be interested to see any link stating that a restaurant does not have the right to refuse anyone for whatever reason they choose. All the years that i worked in restaurants i was always told i had the right as Mngmt to refuse service to anyone without giving reason (and no i didn't misuse that right, actually the only ones i ever refused service to were the ones who had drank a bit too much before entering our establishment:lol
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0379_0241_ZC1.html Just to head off a few posting I for see coming - check out the ruling they state that, like a hotel, a restaurant attracts out of state visitors so this ruling also applies to restaurants.
Not to mention the reference to Common Law on the restriction on private property rights when opened to the public. Does the owner of private property devoted to use as a public establishment enjoy a property right to refuse to deal with any member of the public because of that member's race, religion, or national origin? As noted previously, the English common law answered this question in the negative. It reasoned that one who employed his private property for purposes of commercial gain by offering goods or services to the public must stick to his bargain. It is to be remembered that the right of the private [p285] property owner to serve or sell to whom he pleased was never claimed when laws were enacted prohibiting the private property owner from dealing with persons of a particular race. Nor were such laws ever struck down as an infringement upon this supposed right of the property owner. But there are stronger and more persuasive reasons for not allowing concepts of private property to defeat public accommodations legislation. The institution of private property exists for the purpose of enhancing the individual freedom and liberty of human beings. This institution assures that the individual need not be at the mercy of others, including government, in order to earn a livelihood and prosper from his individual efforts. Private property provides the individual with something of value that will serve him well in obtaining what he desires or requires in his daily life.
Title 2 of the Civil Rights Act of 1964 prevents all public accommodations engaged in interstate commerce from discriminating on the basis of race, color, religion, sex, or national origin. If you don't have any inventory in your business that came from another state and you only serve NC state citizens, then chapters 75B and 99D of the NC General Statutes do the same thing. As long as you offer your goods and services to the public and advertise publicly, your business is not private property in the eyes of the law. Even if you open a bar with no signs and require memberships for the purpose of selling beer for a profit, you're still going to have trouble convincing a court you're not a public business. I understand you point of view Clif. If you want to allow smoking in your business, I think you should be allowed to. **BUT** in the interest of public health the state of NC should not give the impression that "smoking sections" and "non-smoking sections" can be mixed in the same building with no adverse effects on public health. This situation is creating a growing liability for the state and business owners. How can anyone argue that their individual freedoms extend down inside the lungs of another person? Who is violating individual rights here?
Comparing fragrance odors to second hand smoke "I get headaches from walking through department stores because the cosmetic counters are right in front of the entrance. Fragrances can give me a migraine. I have to hold my breath while I walk through but I don't think we need a law banning it just because I get migraines. I have that same problem in grocery stores when I go down the aisle to get items to wash clothes." LMAO! Never heard that "fragrances" and "detergent" odors cause health problems. Second hand smoke does cause health problems. And I can assure that if you smoke in closed vehicles and houses that you smell like second hand smoke. My mother is a former smoker and she frequently asks if she used to smell like smoke when she is around a smoker. We all agree that she reeked of second hand smoke back in those days. One of these days we will have smoke free restaurants and public facilities. It is only a matter of time.
Smoking is more than a "odor" problem "I understand your mother's question to you, but as can be seen above, all of us have one kind of odor or another." Yeah. The odor is pretty bad as I exit "john" after a "dump"! :lol:
Grace, I completely understand and respect what you're saying. But if you want less government intrusion, there has to be a higher mutual respect for individual liberties. I think you should be able to smoke all you want to, but you shouldn't be allowed to force others to breathe your second hand smoke. That is intrusion on the personal space of others. If smokers didn't have a habit of violating this personal space, we wouldn't be discussing the current government intrusion. Maybe, but not enough that I can tell. But smokers are different. When I sit beside a smoker, I have to move because they smell like an ashtray, when they sit in my truck I have to air it out. I would never complain either. It is your house to do with as you please. It also would be rude. The most important reason however is that smokers don't realize how awful the smell is, so they would get defensive if you said anything. Just look at this thread. No smoker is ever going to admit they smell bad, even though it is saturated in their clothes, their hair, and everything. My daughter has a good friend that she can't visit as often as she would like because both parents smoke and when she comes home she has to take a bath and put her clothes in the washing machine. We are good friends with this family and would never dare say anything. My dad and granddad smoked 2 packs a day for over 20 years and then they both quit cold turkey. It took a while for their noses to adjust, but after about a year, they couldn't believe they used to smell that bad. They both agree now that smokers are clueless about the stench and the adverse affects on health. When they were smokers, talking to them about the smell and the health effects was like talking to a brick wall. They had a comeback for everything - "well so an so smoked all his life and lived to be 85 so it ain't as bad as everybody says." Thankfully they've done a 180 - two former tobacco farmers.
Generally I've found three types of people who have no idea about their smell: 1)Those who smoke 2)Those who let pets live in their house 3)People wearing too much cologne or perfume I have actually not hired people before because of all those smells.
Well said RealityCheck. People who let pets live in their house don't have any idea either. The vacuum cleaner sucks up the hair, but just recycles the smell. Okay pet owners, feel free to flame me and tell me I have no idea what I'm talking about because your house doesn't smell. You're right, it doesn't smell. Probably just my imagination. :lol: That works for me. I wish every restaurant was either/or. None of this "non-smoking section" crap. What if *ALL* theaters had a cell phone section in the back corner? Where would you go to see a movie in peace and quiet? What if they offered to let you sit in the non-talking section? Would that help? The talkers get a talking section, they're happy. What do the non-talkers get? If people would just respect each other we wouldn't need ANY rules and laws. I'm waiting for that to happen any moment now. Hmmmmmm... Hmmm... Hmmmm... Still waiting.
People can become desensitized to smells over even a short time. This is why many people apply excess perfume or cologne as they do not smell is the same as they once did. Any odor will have that effect. In fact I know a man who cannot smell caron disulfide now because he was exposed to it for years in the lab. Sulfur is a very strong smell too, it is what gives rotten eggs and "processed" Mexican food their strong odors ...
Hard Wood's are the way to go if you have pets. If they puke, it can be wiped right up! :mrgreen: :mrgreen:
You are correct grammar boy. By believe, I meant that I recalled that being a connection on how the feds were able to desegregate southern restaurants. I didn't mean it to be a firmly held belief of mine. I knew there was some connection with restaurants. You can read that here. I wasn't trying to state something with authority, just had a recollection, that's all. http://en.wikipedia.org/wiki/Boynton_v._Virginia
That's not entirely true. I've been married a long time and my wife can still tell when I've been eating baked beans. :lol:
Ban on smoking in trouble Ban on smoking in trouble. If yyou support the ban on smoking you had better contact your representative before it is too late. http://www.wral.com/news/local/politics/story/1249825/
