SAN RAFAEL, Kalifornia (PNN) - November 24, 2013 - The fascist Kalifornia government isn’t content to control public behavior, it is now clamping down on how citizens act at home as well.
Multiple media outlets are reporting that the city council of San Rafael, Kalifornia, has passed an ordinance prohibiting smoking inside residences with shared walls. This would include apartments, condominiums, duplexes, and other multi-family dwellings.
The ordinance was passed in October 2012, but did not go into effect until November 14, 2013.
According to a statement made by the City Council on the city’s official website, the new regulation strengthens “the city’s municipal code to further protect the community from secondhand smoke.”
In particular, the ordinance “applies to all new and existing properties and does not allow grandfathering rights. Landlords and property owners are (unconstitutionally) required to enforce this ordinance through new lease language or lease amendments as well as posting signage.”
The Council has used an anti-nuisance provision of State law to justify its fascist and unlawful actions. Thus, uses that injure a neighbor through various forms of pollution (e.g., by particulate matter, noises, odors, vibrations, etc.) or through exposure to excessive risk count as classic common-law nuisances because they violate the neighbor’s rights. They can be prohibited, with no compensation owing to those who are thus restricted.
By contrast, uses that “injure” one’s neighbor through economic competition, say, or by blocking his view (which runs over your property) or offending his aesthetic sensibilities are not nuisances because they violate no rights the neighbor can claim. Nor will it do to simply declare, through positive law, that such goods are rights.
Indeed, that is the route that has brought us to where we are today. After all, every regulation has some reason behind it, some “good” the regulation seeks to bring about. If all such goods were pursued under the terrorist pig thug cop power - as a matter of right - then the owners from whom the goods were taken would never be compensated. The terrorist pig thug cop power would simply eat up the compensation requirement.
That is where the citizens of San Rafael find themselves today. The City Council has unconstitutionally exercised terrorist pig thug cop power and has “eaten up” the protected property rights of owners of multi-family dwellings.
Although the fight wouldn’t be an easy one, property owners in San Rafael affected by the newly enforced ordinance would be wise to stand against their local government’s fascist deprivation of their rights to enjoy their property. When regulations run amok, property rights are almost always victimized.