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Smoker arrested

Smoking Smoker Arrested 2007 Texas

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#1 Jazzer

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Posted 05 April 2007 - 11:49 PM

http://www.chron.com...ro/4687733.html  

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Smoker jailed in Abilene after not paying fine  

ABILENE — One West Texas city is really serious about its smoking ban.

Just ask Brian Wayne Hendrix, who was arrested and jailed on an outstanding warrant for smoking in public. Hendrix, 44, said he was "flabbergasted" by the arrest, which came after an officer pulled him over Tuesday morning on a traffic stop.

"I never thought I'd be going to jail for smoking a cigarette, but I'd do it again," said Hendrix, who was released from the Taylor County Jail after posting $150 bond Tuesday afternoon.

The city's smoking ban that went into effect Jan. 3 prohibits smoking in most public places and businesses. Hendrix is the first person in Abilene to be arrested on a warrant for smoking in a public place, Assistant Police Chief Mark Moore said.
I have to admit I thought of LotS when I first heard about this.  ;)  

Further in the article, it says that a warrant was issued when he didn't show up in court or pay the fine.  Personally, I don't like for people to smoke in public places if the smoke can drift into my air space, since I have asthma, and I could see having someone pay a fine for violating a (reasonable) ordinance, but putting someone in jail for smoking in public????   :eek4:   That just seems outrageously extreme to me!  That's way too "Big Brother-ish" for me.   :glare:   When you consider some of the real criminals running around loose and there often being a shortage of cops, it seems idiotic to me to have cops arresting people for smoking (tobacco) in public.  :wacko:  IMO
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#2 RommieSG

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Posted 06 April 2007 - 12:08 AM

If there are designated public places where you're not allowed to smoke, by law, and you keep doing it....

Then yeah, if you keep breaking the law, and then not show up to court or pay your fine, then yeah you should pay the price.

Nobody is forcing this guy to smoke, and certainly nobody is forcing him to do it in the designated public places. So he only has himself to blame, if he gets put in his place for it.
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#3 Vapor Trails

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Posted 06 April 2007 - 12:14 AM

View PostJazzergold, on Apr 6 2007, 12:49 AM, said:

Further in the article, it says that a warrant was issued when he didn't show up in court or pay the fine.  Personally, I don't like for people to smoke in public places if the smoke can drift into my air space, since I have asthma, and I could see having someone pay a fine for violating a (reasonable) ordinance, but putting someone in jail for smoking in public????   :eek4:   That just seems outrageously extreme to me!  That's way too "Big Brother-ish" for me.   :glare:   When you consider some of the real criminals running around loose and there often being a shortage of cops, it seems idiotic to me to have cops arresting people for smoking (tobacco) in public.  :wacko:  IMO

If it's not legal to smoke pot or snort cocaine and heroin in public, why should it be legal to smoke cigarettes?

Legalize them all, or ban them all.

And that's all I'm going to say on the subject. I've said more than enough in the past about this. A simple search will turn up the threads on OT.
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#4 Jazzer

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Posted 06 April 2007 - 12:29 AM

The reason I make a distinction in my own mind between smoking tobacco and smoking illegal substances, like pot, etc. is that tobacco doesn't seem to cause the kind of impairments in concentration, perception of reality, etc. that pot and other such substances can.  I think part of my reaction to this has to do with my feelings about yet more government intrusion into people's lives.  It just seems like part of a disturbing trend to me and something about it just didn't "sit right" with me.  

As far as marijuana is concerned, I do think the law should be loosened up on its use for genuine medical purposes, but that's another topic.
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#5 Lord of the Sword

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Posted 06 April 2007 - 03:30 AM

View PostJazzergold, on Apr 6 2007, 12:49 AM, said:

I have to admit I thought of LotS when I first heard about this.  ;)

I wonder why. lol.

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Further in the article, it says that a warrant was issued when he didn't show up in court or pay the fine.  Personally, I don't like for people to smoke in public places if the smoke can drift into my air space, since I have asthma, and I could see having someone pay a fine for violating a (reasonable) ordinance, but putting someone in jail for smoking in public????   :eek4:   That just seems outrageously extreme to me!  That's way too "Big Brother-ish" for me.   :glare:   When you consider some of the real criminals running around loose and there often being a shortage of cops, it seems idiotic to me to have cops arresting people for smoking (tobacco) in public.  :wacko:  IMO

I don't think he was sent to jail for smoking, but for not showing up in court. It's the same as if you got a speeding ticket, chose to fight it, and then never showed up. Next time the cops pull you over, more then likely you're going to be arrested, cause there will be a bench warrent out for you.

As for the concept behind it...namely the smoking ban. Well, it's a good thing I don't live there, cause I probably be in jail on a regular basis...cause I most certainly would NOT pay a fine for doing something I have every legal right to do...At least until they outlaw smokers entirely.

And paying someone for their discrimination against me...Oh hell no!

And yes, there are those who will say: It's not against you...it's just against you smoking. To me it's the same damn thing. You don't get one without the other.
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#6 Broph

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Posted 06 April 2007 - 06:11 AM

View PostJazzergold, on Apr 6 2007, 04:49 AM, said:

but putting someone in jail for smoking in public????   :eek4:

No. He was put in jail for not appearing in court and not paying his fine. He was not put in jail for smoking in public.

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When you consider some of the real criminals running around loose and there often being a shortage of cops

He broke the law and didn't pay his fine; he is a real criminal. And he said that he'd do it again. He needs something to be done to learn from this.

#7 Broph

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Posted 06 April 2007 - 06:13 AM

View PostDigital Man, on Apr 6 2007, 05:14 AM, said:

If it's not legal to smoke pot or snort cocaine and heroin in public, why should it be legal to smoke cigarettes?

Legalize them all, or ban them all.

Technically that's a strawman argument. Aspirin is legal and helps people. Cocaine is illegal and makes people high. Both are drugs. But there's no reason that one being legal should affect another being legal.

#8 Broph

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Posted 06 April 2007 - 06:21 AM

View PostLord of the Sword, on Apr 6 2007, 08:30 AM, said:

I don't think he was sent to jail for smoking, but for not showing up in court. It's the same as if you got a speeding ticket, chose to fight it, and then never showed up. Next time the cops pull you over, more then likely you're going to be arrested, cause there will be a bench warrent out for you.

I was so happy that I could agree with this reasonable and cogent argument.

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Well, it's a good thing I don't live there, cause I probably be in jail on a regular basis...cause I most certainly would NOT pay a fine for doing something I have every legal right to do...At least until they outlaw smokers entirely.

And then you wrote that. LOTS, you do not have a right to smoke; it is nowhere in the Constitution. And you certainly don't have a right to smoke where it is prohibited by law!

I can go into a bar right now (if I can find one open), go into the bathroom and relieve myself of my bodily fluids. However, if I do not proceed to the bathroom and I relieve myself of my bodily fluids, I will most likely be arrested for public lewdness and various health code violations. Relieving myself of my bodily fluids is perfectly legal. However, I can no do it wherever I please!

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And paying someone for their discrimination against me...Oh hell no!

That's another strawman argument; smoking bans are not discrimination.

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And yes, there are those who will say: It's not against you...it's just against you smoking. To me it's the same damn thing. You don't get one without the other.

Actually, you do. You can enter a bar without smoking. So you can get one without the other.

#9 Lord of the Sword

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Posted 06 April 2007 - 10:07 AM

View PostBroph, on Apr 6 2007, 07:21 AM, said:

I was so happy that I could agree with this reasonable and cogent argument.

Thank you.

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And then you wrote that. LOTS, you do not have a right to smoke; it is nowhere in the Constitution. And you certainly don't have a right to smoke where it is prohibited by law!

I can go into a bar right now (if I can find one open), go into the bathroom and relieve myself of my bodily fluids. However, if I do not proceed to the bathroom and I relieve myself of my bodily fluids, I will most likely be arrested for public lewdness and various health code violations. Relieving myself of my bodily fluids is perfectly legal. However, I can no do it wherever I please!

Alright, using your example...What if there were no places where you could go to the bathroom? You have 2 choices then: Either relieve yourself in your pants, or B: relieve yourself where ever you can.

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Actually, you do. You can enter a bar without smoking. So you can get one without the other.

Like I said: Some would say that. But, at least with me, that is NOT the case. If a place of business does not have a smoking section, I will NOT give them my business. And it could be argued that it is my choice, and not the business's but I disagree...Cause if they had a smoking section I wouldn't feel discriminated against and would give them my business. But if they don't, I feel discriminated against, and will NOT give them my business.

I've gone into restaurants and when I learned they didn't have a smoking section told the people there: "Well, I'm not giving my money to places that discriminate against smokers." And I walked out.

In NY, where there is no smoking in any restaurant, I won't eat out. When my family wants to eat out, I let them know before hand that if they want to treat me...or have me give them money in advance, I will be able to go. But do not expect me to give anybody in the restaurant, including the waitress, any money.

On this issue, I guess we'll just have to agree to disagree. Because while the business would let me in, as long as I don't smoke...to me it's splitting hairs. Not being able to smoke, especially after a meal, smacks too much of discrimination to me. And if a place of business is going out of it's way to make me feel uncomfortable, or unwanted, why should I help them make money?
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Looks like the Liberal Elite of Exisle have finally managed to silence the last remaining Conservative voice on the board.

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#10 BklnScott

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Posted 06 April 2007 - 10:13 AM

View PostLord of the Sword, on Apr 6 2007, 04:30 AM, said:

I don't think he was sent to jail for smoking, but for not showing up in court. It's the same as if you got a speeding ticket, chose to fight it, and then never showed up. Next time the cops pull you over, more then likely you're going to be arrested, cause there will be a bench warrent out for you.

Exactly.  Here in NYC nuisance violations like peeing in public (which Broph mentioned so amusingly) result in an automatic appearance ticket.  A lot of times, the people peeing in public will be tourists who, by the time of the court appearance, will be long gone from NYC... but they have to come back, or risk being thrown in jail on a failure-to-appear warrant the next time they come to town.

This is done on purpose, not because anyone believes we can eliminate peeing in public, but to make the experience of dealing with the ticket so irritating that it will serve as a real disincentive.  It's a quality of life issue.

BTW, does anyone know what "public place" this person was smoking in?  

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And paying someone for their discrimination against me...Oh hell no!

And yes, there are those who will say: It's not against you...it's just against you smoking. To me it's the same damn thing. You don't get one without the other.

I bolded the key words in the above paragraph.  You may choose to believe that you and smoking are inseparable, but, in fact, they're not -- and I'm sure you're well aware of that.  

When was the last time you smoked on an airplane?  In a hospital?  A movie theater?

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#11 Vapor Trails

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Posted 06 April 2007 - 10:37 AM

View PostBroph, on Apr 6 2007, 07:13 AM, said:

View PostDigital Man, on Apr 6 2007, 05:14 AM, said:

If it's not legal to smoke pot or snort cocaine and heroin in public, why should it be legal to smoke cigarettes?

Legalize them all, or ban them all.

Technically that's a strawman argument. Aspirin is legal and helps people. Cocaine is illegal and makes people high. Both are drugs. But there's no reason that one being legal should affect another being legal.

I'm just going to post the links where I go into in-depth discussions. I'm not going to rehash the whole thing all over again:

Link 1

Link 2

If you still don't agree-then we'll have to agree to disagree, and leave it at that. I can only talk about this subject so many times before becoming a parrot. People will see what they want to see in the end, anyway.
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#12 Bad Wolf

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Posted 06 April 2007 - 11:55 AM

*sigh*

HE WAS NOT JAILED FOR SMOKING, HE WAS JAILED FOR NOT SHOWING UP IN COURT WHEN HE WAS SUPPOSED TO WHICH IS CALLED CONTEMPT REGARDLESS OF THE REASON UNDERLYING THE COURT APPEARANCE.

*better now*
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#13 Hibblette

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Posted 06 April 2007 - 12:13 PM

Yes he was jailed for not showing up...

But it is just one more person in jail.

Yep that's what our jails need more people...

What if you can't pay the fine...

You all know how this non smoker feels about all this. :p
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#14 G1223

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Posted 06 April 2007 - 12:18 PM

View PostBroph, on Apr 6 2007, 07:11 AM, said:

View PostJazzergold, on Apr 6 2007, 04:49 AM, said:

but putting someone in jail for smoking in public????   :eek4:

No. He was put in jail for not appearing in court and not paying his fine. He was not put in jail for smoking in public.

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When you consider some of the real criminals running around loose and there often being a shortage of cops

He broke the law and didn't pay his fine; he is a real criminal. And he said that he'd do it again. He needs something to be done to learn from this.


Actually I think he needs to find a group of his friends and they all light up. I think they need to break this law so often the judge gets tired of seeing them. When the city tries to ignore them go over and write down the cops badge number and report him for failure to enforce the law. When the court day arrives ask for a continance. So the cop and the court needs to take another day to hear the case. In short snarl the justice system up with enough of these cases that the lawmakers get to drop the idea.
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#15 Broph

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Posted 06 April 2007 - 12:46 PM

View PostLord of the Sword, on Apr 6 2007, 03:07 PM, said:

Alright, using your example...What if there were no places where you could go to the bathroom? You have 2 choices then: Either relieve yourself in your pants, or B: relieve yourself where ever you can.

Or, what I think would be more reasonable, would be that businesses would be required to make a place where I could go to the bathroom. Society must think this more reasonable since restaurants at the very least are so required.

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Like I said: Some would say that. But, at least with me, that is NOT the case.

Several have already been listed for you. Smoking isn't required for living. You can get by without it.

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Cause if they had a smoking section I wouldn't feel discriminated against

You're not discriminated against. Smoking isn't like your sex or the color of your skin; you can't change those things. But you can refrain from smoking.

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I've gone into restaurants and when I learned they didn't have a smoking section told the people there: "Well, I'm not giving my money to places that discriminate against smokers." And I walked out.

You're probably depriving yourself of some really good food.

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In NY, where there is no smoking in any restaurant, I won't eat out. When my family wants to eat out, I let them know before hand that if they want to treat me...or have me give them money in advance, I will be able to go. But do not expect me to give anybody in the restaurant, including the waitress, any money.

Why should everyone bow down the the will of one person?

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On this issue, I guess we'll just have to agree to disagree. Because while the business would let me in, as long as I don't smoke...to me it's splitting hairs.

IMHO, you may be the one splitting hairs here.

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Not being able to smoke, especially after a meal, smacks too much of discrimination to me. And if a place of business is going out of it's way to make me feel uncomfortable, or unwanted, why should I help them make money?

Why should they make nonsmokers feel uncomfortable, though?

#16 Broph

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Posted 06 April 2007 - 12:48 PM

View PostDigital Man, on Apr 6 2007, 03:37 PM, said:

If you still don't agree-then we'll have to agree to disagree, and leave it at that. I can only talk about this subject so many times before becoming a parrot. People will see what they want to see in the end, anyway.

We can agree that cigarettes are bad and that we don't need them, but we'll have to disagree on your argument. Sorry.

#17 Broph

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Posted 06 April 2007 - 12:49 PM

View PostHibblette, on Apr 6 2007, 05:13 PM, said:

What if you can't pay the fine...

You all know how this non smoker feels about all this. :p

If you can't pay the fine, then you shouldn't do the crime. If you have money for cigarettes, it's likely you have money for the fine, though.

#18 Broph

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Posted 06 April 2007 - 12:53 PM

View PostG1223, on Apr 6 2007, 05:18 PM, said:

Actually I think he needs to find a group of his friends and they all light up. I think they need to break this law so often the judge gets tired of seeing them.

You do realize that there isn't just one "smoking judge". Each case is assigned to different judges. There won't be a single judge who is "tired of seeing them".

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When the city tries to ignore them go over and write down the cops badge number and report him for failure to enforce the law.

That doesn't happen, though. The other day, an entire train of people got off my train and walked right by this guy sitting on the bench on the platform. The guy was smoking but nobody said anything except for me. He made the usual fuss and I made the usual comments of being tired of his sorry arguments.

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When the court day arrives ask for a continance.

Request denied. Problem solved and case goes on.

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In short snarl the justice system up with enough of these cases that the lawmakers get to drop the idea.

Ain't going to happen. This one guy getting jailed will throw enough fear into people that most of them won't bother lighting up.

#19 Lord of the Sword

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Posted 06 April 2007 - 05:26 PM

View PostScottEVill, on Apr 6 2007, 11:13 AM, said:

I bolded the key words in the above paragraph.  You may choose to believe that you and smoking are inseparable, but, in fact, they're not -- and I'm sure you're well aware of that.

Well, if you want to get technical about it...Yeah, we aren't inseperable...But for the good of the general public, it's best we aren't seperated for too long. ;)

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When was the last time you smoked on an airplane?  In a hospital?  A movie theater?

Don't even remember the last time I was at the movies....I'm thinking it was for ghostrider. And No, I didn't smoke. But as soon as I exited the doors I stopped and lit up. And as for being on a plane...Haven't been on one in years, and unless absolutely necessary...won't be on one again for awhile. Not because of no smoking, or a fear of flying. But because the last time I was on a plane I made the mistake of getting a window seat. I was seated right by the wing. Could look out, see the wing and the engine on the wing. About midway through the flight, looked out and saw the wing bouncing. Saw the engine bouncing like it was getting ready to up and bounce off the plane. Closed the window, and haven't been on a plane since....lol.

And as for being at the hospital...I will ask doctors, regardless of their dirty looks, where the smoking section is.
"Sometimes you get the point of the sword, sometimes the edge, sometimes the flat of the blade (even if you're the Lord of the Sword) and sometimes you're the guy wielding it. But any day without the Sword or its Lord is one that could've been better  " ~Orpheus.

The Left is inclusive, and tolerant, unless you happen to think and believe different than they do~ Lord of the Sword

Looks like the Liberal Elite of Exisle have finally managed to silence the last remaining Conservative voice on the board.

“The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure.” ~Thomas Jefferson

#20 Lord of the Sword

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Posted 06 April 2007 - 05:31 PM

View PostBroph, on Apr 6 2007, 01:46 PM, said:

Why should they make nonsmokers feel uncomfortable, though?


And that is the core of the problem: Whose rights are more important? Or, if you prefer: Whose comfort is more important?

I'm not saying I have any more right to feeling comfortable then a non-smoker. But I'll be damned if I'm going to be uncomfortable so a non-smoker can be comfortable.

There has to be some compromise. A seperate section, with seperate ventilation, seems like a good compromise to me.
"Sometimes you get the point of the sword, sometimes the edge, sometimes the flat of the blade (even if you're the Lord of the Sword) and sometimes you're the guy wielding it. But any day without the Sword or its Lord is one that could've been better  " ~Orpheus.

The Left is inclusive, and tolerant, unless you happen to think and believe different than they do~ Lord of the Sword

Looks like the Liberal Elite of Exisle have finally managed to silence the last remaining Conservative voice on the board.

“The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure.” ~Thomas Jefferson



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