Wednesday, November 15, 2006


This is great. Louisville, Kentucky has apparently joined the ever-growing list of world cities in banning smoking from public places. Pretty ironic, in that Kentucky trails only North Carolina in US tobacco production.

Anyhow, I'm not going to rehash my opinion about these ordinances, which seem to be on their way everywhere in the world. What makes this story interesting is the basis of the latest court challenge: seems the Louisville ban exempts Churchhill Downs, the site of the famous Kentucky Derby. from compliance with the ban. The article is short on details, but I'll assume the lawyers for the racetrack cite case law subtly supporting this sort of exclusion on policy grounds. Because, based upon the facts as I see them here, how can they justify it otherwise? As the plaintiffs' attorney wrote in his brief:
Churchill Downs, an establishment that serves food, that serves alcohol just like my clients, gets a free ride.
I have no idea how independent Kentucky's state judiciary is, but I can't see how this ordinance passes muster with the included exemption. What will likely happen, I suspect, is that the judge'll strike down the ordinance, leading the state legislature to write in an exemption on far-broader grounds, one that includes both Churchhill Downs, and a lot of other theoretical, but insignificant or non-existent businesses.

We'll see.
By the way, as an additional bit of info for anyone who cares, I have something I call the Google-Porn Theory. (Actually I just made up that name as I was typing, but I've considered the theory in unnamed form for a while now.) The theory says that if one conducts a google image search to supply a goofy picture for one's snarky blog post, one will get a porn-related picture by page three of the search results. Try it at home (NOT at work), you'll see.

This has never failed. Whatever, I'm not squeamish about that sort of thing. Let's just call it an Occupational Hazard. Heh, heh.

That said, when the search terms include the words "horse" and "smoking," the results reach juuuuuuust a bit further onto the squeamish side. In fact, I have to projectile vomit right now, so I'll need to turn away from my monito--


Blogger BaconEating AtheistJew said...

The horse racing industry has been getting killed with respect to live attendance. Kentucky is very large when it comes to the horse racing industry....especially breeding.

Most people are outside anyways most of the time.

I'm not a smoker but I understand why they lobbied for the exemption.

9:07 AM  
Anonymous Mike said...

I'm not a smoker but I understand why they lobbied for the exemption.

Me too. It's their JOB to lobby for the exemption. Doesn't change the fact, of course, that the other business owners got screwed here, and should do all they can to slow the implementation of the law, on whatever grounds they can latch onto.

9:10 AM  
Blogger Ed in Westchester said...

porn, smokes and horse breeding.
nuff said.

10:11 AM  
Anonymous Mike said...

porn, smokes and horse breeding. nuff said.

Whatever gets you through the night, man.

And I won't tell Mrs. Ed.

Hmmmm, especially in light of today's post, Mrs. Ed sounds all wrong. So let's call her Mrs. Inwestchester.

10:38 AM  
Anonymous waitingforthealiens said...

Today is my two-year anniversary of quitting smoking. It is strange that I loved it so much and now it is hard to believe I persisted in such insane behavior for so long. The symptom that gave me the motivation I had always been lacking led to a lobectomy of my right lung in order to rule out cancer. Avoiding another thoracic surgery is one of the principle objectives in my life. If you think of the least fun thing you’ve ever done, thoracic surgery is less fun.

Maybe the best part of not smoking is that when you travel you can go straight to the gate at the airport without considering whether you can make it outside and back through security without missing your flight.

11:46 AM  
Anonymous Mike said...


Congrats! I quit about 4+ years ago, and like you I have a hard time remembering what I liked. Once in a while I'll smell a cigar or pipe and remember that tobacco can be pleasurable. But ciggy smoke is just rank. The smoke and the smoker smell like rotten ass. Just the thought opf the stench I used to carry makes me ill . . . and embarrassed.

Yeah, things like flights, movies, long appointments in any governmental building (courts, etc) are far more pleasurable without needing to suck a couple down just before entering.

As much as I hate municipal regulations on smoking, I think it's a stupid, disgusting (expensive) habit that people should quit at all costs.

11:57 AM  
Blogger Ed in Westchester said...

You have made up for missing the Ass end of Scarsdale softball I left for you yesterday.
Man, I gotta think before I post.

2:55 PM  

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