Wednesday, June 4, 2008

Smoke Up KC - Judge Puts Ban on Hold

Nadia Pflaum at the Pitch is reporting that Judge John O’Malley has put KC's smoking ban on hold. The ban was to go into effect on June 7.

The city's previous ban preventing smoking in bars and restaurants before 9:00pm will still be enforced, however.

Rejoice our liberty loving friends, personal property rights scored a win today, all be it minor.


flymorgue2 said...

While I am rejoicing, can you explain why my personal property stinks like your personal property.

alfalfa said...

I'm confused. When is it ok to be an "activist judge" and when is it not ok?

James said...

I don't believe this is a case of being an activist judge. All the judge did was temporarily delay the law going into effect until after he makes a ruling. In all likelihood the law will go through fine, unless he decides equal protections clause of the constitution has been violated by creating two seperate classes of businesses... big casinos and everybody else.

If he does decide that, which I doubt since the constitution is nothing more than a wore out peice of paper these days, he would still not be activist because the constitution garuantees equal protection and property rights.

An example of an activist judge would be the one in Kansas who ordered the state legislature to give $200 million dollars to the school system. The constitution provides no mandate for a Judge to make law, only interpret it.

The mistake is to believe we live in a straight democracy, we don't. The people can not vote away their constitutional rights, that is to say without a constitutional ammendment which requires a super majority of all states.