2012-11-12 P-D: “Foul: Smoking in the park”

Reminder: For a comment to be considered it must be accompanied by your full name: first name only or a pseudonym is not normally accepted. Please limit your comment to 1,000 characters (including spaces), and also avoid epithets and personal attacks.

The subject of Monday’s “Foul” in the St. Louis Post-Dispatch “Fair or Foul” editorial feature focused on Clayton’s ordinance making its public parks smoke-free, which became the subject of a lawsuit by cigar smoker Arthur Gallagher, who responded to an ad for a plaintiff by Clayton attorney, Bevis Schock. The previous blog covered the latest twist on this issue.

Fair or Foul: Rally for St. Louis; smoking in the park
November 12, 2012 3:00 pm
By Tony Messenger, St. Louis Post-Dispatch Editorial Page Editor

FOUL: For two years, Arthur Gallagher has been trying to overturn a Clayton ordinance that bans smoking in public parks. His silly quest, thankfully, has likely come to an end. The 8th U.S. Court of Appeals last week upheld a lower-court ruling that the right to smoking in a public park is not akin to (as he argued) the right to have consensual sex, or even the right to an abortion. Mr. Gallagher can still smoke, just not in Clayton’s parks, where the rest of us must share in his bad habit. The court protected freedom, just not the version Mr. Gallagher sought. And while the court didn’t address it specifically, we’re guessing the judges would frown on the sex in the park thing, too.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s