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Results: Is this discrimination?

Published on 01/28/2013
By: ptajuggalette
1074
Settle The Score
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Over the past few of years, my city has banned smoking in public places like in bars, restaurants, liquor stores, on the sidewalk of outdoor malls, and in all places of employment (unless it's a cigar bar or something similar). Eighteen months ago, another smoking ordinance was put into place that bans smoking in all common areas of apartments, town homes, duplexes & triplexes, and condominiums. This includes balconies, courtyards, garages/parking lots/stalls, common walkways for tenants and any other place that tenants might frequent. You can smoke inside your residence unless there are shared air ducts and the like. Upon getting this notice, out at the mailbox, I overheard two of my neighbors argue that this new ordinance was one of discrimination. Neighbor A was glad and stated that now someone could something about all the neighbors that live next door. That they smoke so frequently, that it's a constant steam of smoke. Neighbor B stated that the constant smoking from the building next door didn't bother him; rather it was the point that the new ordinance was one of poor person discrimination. Neighbor A stated, "How so? Some people, for different reasons, might sell their house and downsize thus buying a town home, condo or apartment. It doesn't mean that they are poor and being punished." Neighbor B argued that on our street, there is a good mix of condos, town homes, apartments, and houses (or what lawmakers refer to Single Family Dwellings). He went on to say that if you own a home, you can go right outside your doorstep or sit on the back porch and all of your smoke will travel the same way as if it were happening at an apartment. Then he concluded that because he was not a homeowner he was losing the right to smoke outside his door or on the porch. Neighbor A assured him that the law was not geared towards non-homeowners but towards smokers and it just so happens that the law believes that if you dwell in single family home that there is enough space, in most cases, that cancels out secondhand smoke. Neighbor A's last statement was that, most of the condos and town homes are owned and not rented, and therefore canceled out his point. Neighbor B ended the discussion stating that houses, apartments, and condos, etc are all built equally distanced from each other and that they would have to agree to disagree. To this day each neighbor, A and B, stand by their opinion of this no smoking ordinance. Is this discrimination or not?
Neighbor A is correct, this is just a law to protect others from secondhand smoke.
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Neighbor B is correct, it seems that this law will force smokers into purchasing single family homes. Those that can afford will and those that can't afford it won't.
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Both neighbors, A and B are right. It's just a poorly written law.
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I am on the fence and cannot decide who is correct.
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None of the above
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