Running Head: Texas smoking bans are unconstitutional Texas smoking bans are unconstitutional Elizabeth Gibson Tarleton State University Elizabeth Gibson Texas smoking bans are unconstitutional In a heart-rending blow to the rabidly anti-tobacco Toledo Blade and the anti-tobacco operatives who shriek for prohibition, the city of Wauseon voted not to impose a smoking ban on restaurants and bars. Despite a recount showing that the margin of those voting no to prohibition had increased meaning that over fifty percent of the people didn't want something, this operative plans to take her demands again to the city council. Although she should be shown the door since the voters have clearly spoken, she will relentlessly clutter
Lawsuits citing First Amendment rights of panhandlers have caused many communities to abandon their pursuit. A recent legal battle with the American Civil Liberties Union cost the city of Boise, Idaho forty-five thousand dollars in reimbursement of plaintiff legal fees (Berg, 2014). Arlington Municipal Code should direct its restrictions to other venues. Rather than attempting to prevent panhandlers from begging on highway exit ramps, an ordinance should be drafted focusing on less-controversial elements of panhandling. For example, an ordinance requiring motorist to pull out of the lane of traffic and legally park their vehicle prior to engaging activity with a pedestrian would have a direct impact on panhandling without inciting constitutional issues.
Some states have have left it to local agencies to implement the program. The most common argument at all levels of government is the impediment of the 4th amendment which, among other things, assures citizens protection from unreasonable search and seizures. State and local governments have primarily debated the explanation of what is unreasonable and constitutes probable cause. In 2011 a Florida appellate court ruled, officials cannot forcibly draw blood from a driver in a misdemeanor DUI case, still the State Attorney continues to push for the policy to be accepted for felony DUI. Many lawyers and other citizens argue this subjects them to unreasonable searches and it over steps the United States Governments limited powers (Limhardt, A., 2011, para.
The ethical decision in this situation is based on utilitarianism. Justin Caramanica is placed on house arrest with an alcohol sensor bracelet with no driving privileges however he is waiting for sentencing in November, 2012. The ethical decision in this situation is based on deontological. Justin had a duty to perform certain actions and he failed to do so; he knew the judge directive order was violated. The justice system made a ethical bias decision base on race and prior criminal history
Florida has a secondary law to ban texting on drivers. Meaning, if you get stopped for a traffic violation, and you are found to have been using your cell phone, you will receive a ticket for that as well. People age 16-20 are the largest portion of distracted drivers. Drivers
At 12:01 a.m. on Saturday, January 17, 1920 months, the United States of America became a dry nation. The Eighteenth Amendment to the Constitution prohibited Americans from manufacturing, selling, or transporting alcoholic beverages, for the next 12 years, 10 months, and 18 days until its repeal on December 5, 1953. (The Prohibition Era, Louise Chipley Slavicek) Many people have different opinions on prohibition and how it shaped our nation, for better or worse. Some people believe it was a noble cause, and many believe it was a big mistake. Prohibition was a mistake because it took away people’s freedom of choice to decide for themselves whether to consume alcohol; people who want to consume alcohol will still be able to make it or purchase from illegal sources; alcohol made from illegal sources pose a threat to the health and safety of the consumer; leads to loss of taxes and jobs; and criminal organizations will profit from prohibition leading to increased illegal activities.
President Obama criticized the bill shortly before Ms. Brewer signed it. The Arizona law, he said, “ threatened to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keep us safe.”(New York Times). It has raised many issues that the law is unfair and the legislation leads to racial profiling. The bill does not list the characteristics officers will be looking
In another article “Trading Liberty for Illusions” by Wendy Kaminer, she talks about the use of facial recognition systems used in the airport of Tampa and it being installed in Boston, Providence, and Palm Beach due to frightened citizens in the aftermath of September 11. The use of this system in itself was found faulty. It couldn’t even recognize any suspected people but instead it made false positives which made errors in identifying anyone. This relates completely to the point of Kyllo’s case which shows that technology still needs more improvement and that it creates errors. For example, what if the thermal imaging shows that a certain house is hotter than other houses, but the police later find out that the equipment is not accurate.
It is not realistic to expect people to completely stop using mobile devices in vehicles. There are many ways to reduce this phenomenon including: Legislation, public education and technological improvements (Ba-Masq 2013). Therefore all 50 states should have standardized some sort of regulation prohibiting the use of cell phones while driving. In December of 2011, the National Transportation Safety Board (NTSB) unanimously recommended that all states ban the use of cell phones and other portable electronics by automobile drivers. Though the board cannot enact regulations itself, its suggestions are taken serious by lawmakers.
Florida does not do enough to prevent distracted driving. According to the National Safety Council, texting while driving causes about 1.6 million crashes per year. Distracted driving has become a widespread issue. State legislators, school boards, police divisions, and community leaders all around the state, even the country, should attempt to put an end to all of these destructive incidents. There’s only a $30 fine when you’re caught texting and driving.