clevergirl
Gold Member
- Oct 22, 2009
- 2,721
- 554
- 153
Your first point is mute. A simple sign on the front door makes it so. Assumed risk is the legal principle that allows a boxer to be hit once he enters the ring without a crime being committed.
The codes you reference are also mute as they protect against latent defects caused by the business owner, not the customer. If you equate these to the way smoking bans are handled a bar would not be allowed to sell booze, it would be banned.
Your third point, once again proves the OPs point. Freedom is abridged.
No, they are not MOOT
A smoker has no rights to force his filth on to other people. As such, there is nothing to defend. A smoker choosing to spread his filth onto other people is indefensible
A business operates to the laws of the community. Putting up a sign does not exempt you from those laws. He cannot put up a sign that says "My building is a firetrap, but the beer is cheap, You decide whether you want to enter" and expect to be exempt from any responsibility
A business is responsible for its own actions and those that it allows on the premise.
A smoker is doing nothing illegal. Allowing your private business to be a "smoke free", or a "smokers allowed" establishment ought to be the right of the private owner.
A business operates within the civil codes and local state and federal statutes. Just because laws were passed banning smoking (a lawful activity) in public places is not equal to being a good law or even a constitutional law.
Your analogy contradicts your other failed points..there are specific laws about fire hazards.