Where are my rights?

Yep it happened to me yet again, which is why it's in the RANT! forum. I'm so pissed, but I have an actual question.

I was at a public school picking up a child recently, when a highly disrespectful teacher decided to stop me, and mouth off to me in the way that I assume he speaks to students. I was smoking a cigarette inside my car, as I have been doing for the last 3 years when I go to pick a student up. The police officer see's me do this everytime I pick anyone up, he has never stopped me or been anything other than friendly. The teacher informed me that smoking on school grounds was against the law, so I asked if he was sure about that. He was rude to me long before I said that, in fact I was fuming by now.

I ask this question because, I know that the inside of a person's car counts as private property in all other matters in a court of law, that I know of. Bottom line, does he or the school have any authority to prohibit smoking inside my car?

No of course he doesn't have any authority.

Either the police will arrest or ticket you or, he can shut the hell up.

To put it plainly.

Can't stand people like that. Fascism is rampant in our school system.
Always has been...

perhaps as its on private property and theres rules at the gate saying no smoking/dancing the macarana/farting the 1812 overture allowed on the premises etc and that entering the schools premises you agree to uphold those rules which would make it a grey area but against the law i doubt it unless the person has the power to ban you from the premises then you may break rules on trespass

There is an extension of the property that falls into the tobacco free zone, it has to be far enough away so the smoke doesn't drift on to a school campus.

A Drug-free school zone is an area inclusive of any property used for school purposes by any school, whether or not owned by such school, within 1,000 feet of any such property, and within or immediately adjacent to school buses [1].It is any specific location in the community, especially an area where children congregate, that the citizens perceive as being a place where drug trafficking or alcohol availability problems exist, and the citizens decide to take action. Typically, communities have targeted schools and school yards, parks and playgrounds, public housing developments, and specific neighborhoods or city blocks[2]

The purpose of the SDFSCA is to support programs that: (1) prevent violence in and around schools; (2) prevent the illegal use of alcohol, tobacco, and drugs; (3) involve parents and communities; and, (4) are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that promotes student academic achievement

en.wikipedia.org...

Where is smoking banned?

Smoking is not permitted in any fully or substantially enclosed public place or workplace.
Smoking is not permitted within 3 metres of most public or workplace doorways, open windows, or air intakes (i.e. a “buffer zone”).
Substantially enclosed transit shelters are smoke-free.
Common areas of apartment buildings, condominiums and dormitories are smoke-free.
Tobacco use of any kind, including smoking, is banned on all public and private K-12 school grounds.
In motor vehicles when youth under 16 years of age are present.

www.health.gov.bc.ca...

Just trying to answer the question, I smoke at times to and think it's overkill

reply to post by Evolutionsend


yeah people that power trip are extremely annoying. he has absolutely no authority over you, though obviously he thinks he does

You should have taken a huge puff and blown it in his face.

reply to post by Evolutionsend


I'm in Ontario, Canada. And it's against the law to smoke in the car with a child in it here. Also, schools prohibit smoking on school grounds. That being said, if he was right, he could have told you without the attitude.

Little people are suddenly feeling powerful because of the new abilities they have been granted. "If you see something, say something" and "You might be a terrorist if..." and so on.

Now people are spying on eachother and it will start to get ridiculous to the point of people thinking they are the law and they must fight evil in every form. Why? Because the Govt. tells them they are the front line against law breakers and must keep the Country safe.

The people to really watch for will be the ones that got picked on in school and in life. The weak and/or timid. The ones that people ignore because they might look different. The recently divorced or separated. Men or Women. Anyone with a grudge basically. They will use their new found powers for revenge...just because they can.

When you find your neighbor peering inside your garage or even your house because you might be outspoken concerning the coming Police State...You will then know.

Peace

Your rights end when they infringe upon the rights of another.

You smoke, fine, but dont force others to breathe in your toxic air. This coming from an ex-smoker. If children are going to be getting into your smoke filled car and inhaling the air, i can see why they might have been a bit cross with you. Is this the case?

If it is not, and smoke was simply wafting onto the school grounds, i think they are taking it a bit far. Id still rather have the police looking out for the safety and health of young children who cannot help themselves rather than "being nice" to you.

reply to post by Fitch303


I did actually. I was mad. Does m,y vehicle count as school grounds? It's my property, inside of a car is treated the same way that a home or a lot of land is. Where do they get the legal authority to uphold that law, inside my car?

What about the rights of the student who has to sit in an enclosed space filled with toxic chemicals (that coat the inside of the car and can be absorbed on skin contact) ?

reply to post by MissConstrood


My sister is 17 and hates that teacher. It wasn't bothering anyone. Not that I need to legitimize my right to smoke a cigarette. This is starting to remind me of the ending to "Escape from LA". Is the united states a smoke free nation?

Originally posted by MissConstrood
What about the rights of the student who has to sit in an enclosed space filled with toxic chemicals (that coat the inside of the car and can be absorbed on skin contact) ?

I think 'rights' are a thing of the past anymore even though the past tense of 'right' is 'righted' we have all been wronged and everyday we seem to lose more rights. I get what your saying and the same can be said about a lot of things that are forced upon us like fluoridation of our water, genetically modified crops and other things that are not healthy. It's becoming more clear that the 'people' are seen as expendable assets.

Personally with all the crap in the world of late having a cig at the end of the day is probably healthy for you as the stress from paying the bills and keeping food and a roof over your head tears you apart. Beside if things stay on the same course who wants to be old and have paid social security all your life to find out that opps they f*ed up and there's nothing left, enjoy retirement?

reply to post by PageAlaCearl


I think rights are gone also. I'm amazed at how many instances they've taken away the right to smoke. The funny thing is, with all those laws about doorways and crap, people are still complaining. Can we take away the right to act like a jackass yet? NOPE! We still have that right.

Originally posted by Evolutionsend
reply to post by Fitch303

 

I did actually. I was mad. Does m,y vehicle count as school grounds? It's my property, inside of a car is treated the same way that a home or a lot of land is. Where do they get the legal authority to uphold that law, inside my car?

Im pretty sure they have every right.

Why do you think you can get arrested for public indecency for having sex inside your car on a shopping mall parking lot? It is still their lot. You cant drive your car unto an army base and claim it is your sovereign land, can you? Not sure why your seeing things this way.

reply to post by nightbringr


If I as an adult have to take responsibility for anything inside my car, such as drugs, even if they are not mine (the same as a house or property), then why do I not have the RIGHT to do as I please within my own car where ever my car may be?

I can understand the indecency thing. Windows are clear so obviously that's not gonna fly. If my car is private property under the law, then why are they telling me what to do on my property?

Originally posted by Evolutionsend
reply to post by nightbringr

 

If I as an adult have to take responsibility for anything inside my car, such as drugs, even if they are not mine (the same as a house or property), then why do I not have the RIGHT to do as I please within my own car where ever my car may be?

I can understand the indecency thing. Windows are clear so obviously that's not gonna fly. If my car is private property under the law, then why are they telling me what to do on my property?

Do you have the right to ingest illegal drugs in your home? Plot fraud? Murder? No, you dont, and your home is your private property. This is no different.

If things are as you said, i think they are taking it too far. But again, remember your rights as an individual end when they infringe upon the rights of another. We all have the right, be it adult or child, to live a healthy life. When second hand smoke endangers others, and children moreso because they often do not have the power to tell their parents to butt out for their own safety, then im glad authorities look out for those who cannot help themselves. Perhaps they see your 17 year old sister climb into your smoke filled car day after day. Since they know they cannot help her when she is at home with you, they do what they can be trying to protect her, albeit briefly, to help her.

Maybe thats the case, maybe not. If i was an officer and i thought a child was being subjected to harmful secondhand smoke thoughtlessly, i would probably be a bit pissed too.

If your car was on school property then you had no rights there to smoke, simple. Being rude is not the way to go however, all he needed to do was inform you of the rule and then leave it to you to abide or not. I was a teacher for years, and never gained anything by being rude, most folks make a mistake as I have and only need to be reminded. If I taught with that guy, I would remind him as well to get some manners. Also, he as an employee there does have authority, it is required by state law in Mi.

I'd have told the teacher to go get sexually acquainted with them self. It wasn't too long ago that smoking was thought of as medicine; now that the my farts don't stink people, got their way with this anti smoking madness...they feel inclined to run around trying to enforce it themselves; blatantly over stepping their grounds and common courtesy with their FYI. That's why I don't think it's wrong to do the same back to them...that way they might not be so quick to run around being cigarette nannies in the future.

It is your car and your property and smoking is NOT illegal. They can have their policies but they would lose if it went into a civil matter. Some of these types are so bold as to not rent property to people that smoke, such actions are against equal opportunity housing laws...but they still do it anyway.

I went to eat a few years ago; in Chapel Hill, N.C. and it was full of those types...I was getting ugggs and all sorts of brow beatings, people waving their hand in front of their faces 20 feet away...mind you I was just walking down a huge open air sidewalk smoking. I felt it best to leave that damn city before I assaulted anyone, and mind you I am not any where near being a violent person.

reply to post by nightbringr


To be honest I read the above laws actually posted at the top. It looks like I could technically smoke if I had the windows up. More to the point though, it sounds like good old fashioned fascism taking root in our country. Whenever you make a concesion to please one group, that steps on another, that's fascism. That law needs to be reviewed, along with a few hundred others that are walking the line of fascism.

I'm also reasonably certain that the teacher has zero legal authority, and by stopping my car was breaking the law.