Anti-Smoking Court Ruling So Insane It Sounds Like a Comedy Skit

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georged

Lifer
Mar 7, 2013
5,534
14,201
Words fail me.
Be sure to read to the end for the cherry on top.
....................................................................................................................................................................
KANSAS CITY, Mo. -- It may seem like a cruel April Fool’s joke, but Missouri prisoners will wake up this April 1 to news they can no longer smoke. Missouri's Department of Corrections has been working for months to avoid a potential Easter rebellion.
Smoke-free Missouri prisons are required after a prisoner who was originally sent to death row for strangling two women complained about second-hand smoke.
“This was a case you just don’t win," one of his Kansas City attorneys, Michael Foster, said of the federal jury's decision.
Ecclesiastical Denzel Washington had his death sentence reduced to life in prison. He argued his exposure to second-hand smoke as an asthmatic was cruel and unusual punishment.
As a result of the lawsuit, all tobacco products including chewing tobacco and vaping devices will no longer be sold in prisons. They also can’t be used anywhere on campus by inmates guards or visitors. Visitors and corrections officers will have a designated smoking area off of prison property.
“That’s pretty tough because I’m sure some of those people that’s a vice that they keep that really attaches them to the outside world," Jeff Pottorff said.
“If someone wants to smoke they should be able to," Karen Billingsley said. "If you are going to dehumanize these prisoners to point that they can’t do that, I think if they are outside and haven’t been bothering anybody it should be fine."
But Washington’s attorneys found 95 percent of Missouri inmates smoked. They also discovered designated areas don’t work for inmates restricted to cells the majority of the day.
Missouri's 22 prisons affected by the ban have provided inmates and guards smoking cessation classes and started selling nicotine patches instead of cigarettes in the weeks leading up to this weekend’s ban.
Foster said some inmates have tried to file lawsuits to stop it from happening.
"There’s also concerns from the staff and people up the chain that work at the Department of Corrections," Foster said. "I’m concerned with what’s going to happen also, but Kansas did it; the federal government did it. There’s going to be growing pains with this, but it can be done and has been done in the past, and it’s good for the state of Missouri, and it’s good for the prisoners in the long run, too."
Washington won’t be around to see those potential benefits. He’s already been transferred out of state for his safety. He could find out in a couple weeks if he’ll get the $111,000 he was also awarded in the lawsuit, which is under appeal.
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http://fox4kc.com/2018/03/30/missouri-prisoners-will-no-longer-be-allowed-to-smoke-starting-sunday/

 

jzbdano

Starting to Get Obsessed
Jul 7, 2016
244
564
24 states already ban smoking indoors in prisons. 4 states ban smoking on prison grounds according to wikpdia. That last sentence is going to piss me off for a few hours.

 

leacha

Part of the Furniture Now
Jun 19, 2013
939
8
Colorado
You're in prison! No ciggs, no TV, no magazine subscriptions, no store to by gum, etc.
Sorry if you see things liberally.
Just my 2¢

 

warren

Lifer
Sep 13, 2013
11,717
16,290
Foothills of the Chugach Range, AK
It's half right. Cons who smoke should be prohibited from doing so. Non-smoking cons should be forced to smoke or have smoke piped into their cells. They are being punished, right? Oops! Sorry! Me bad! I forgot, they are being rehabilitated. :puffpipe:

 

cortezattic

Lifer
Nov 19, 2009
15,147
7,638
Chicago, IL
The 8th Amendment's "Cruel and Unusual Punishments Clause" really needs to be re-examined. I think its interpretation should derive from society's perspective, not that of the convict. Of course in principle that's already being done; but the outcome doesn't square with my point of view.

 

mso489

Lifer
Feb 21, 2013
41,210
60,455
Prison is a receptacle for all our public errors. Family formation and family life need much greater emphasis, with one goal being decreasing incarceration to a third of what it is, or less. No energy spent on family formation and success, everything else goes to hell. Smoking or non-smoking.

 

aldecaker

Lifer
Feb 13, 2015
4,407
42
Ah, yes. Smoking cessation classes. That should work with people who do so well with their impulse control that they wind up in prison.

 

Chasing Embers

Captain of the Black Frigate
Nov 12, 2014
43,411
109,210
That story is going to follow Mr. Washington to future correction facilities, and he will likely not be making any friends with the inmates.

 

midwestpipesmoker70

Can't Leave
Nov 28, 2011
431
433
IL
And this jerk was awarded a cash settlement as well...wow I bet he laughed for an hour when he learned that he won. And now his life is in danger...I am speechless. I will say this. When you are in prison you have no right to luxuries such as smoking and tv. There was a sheriff who started that in I believe Pinellas County Florida when I lived there. No tv, no cigarettes...etc. He also reinstated road work chain gangs. Don't even try to tell me that is cruel and unusual punishment. As far as I am concerned the non death row ought to due a stint in the army or marines...just my 2 cents but I know, I know...political correctness rules in this world.

 

brian64

Lifer
Jan 31, 2011
9,629
14,732
a prisoner who was originally sent to death row for strangling two women
Hey, everybody makes mistakes...he may be a murderer, but at least he’s not a tobacco user, so there’s still hope for him.
Wait, MO still allows smoking in prisons?!
Yeah, I just assumed tobacco had already been banned from all prisons. But since there’s supposedly a thriving black market in all prisons, the MO inmates are probably going to find out the tobacco is even more plentiful post-ban.
That story is going to follow Mr. Washington to future correction facilities, and he will likely not be making any friends with the inmates.
Yeah, it’s kind of hard to maintain anonymity when your name is Denzel Washington.

 

thomasw

Part of the Furniture Now
Dec 5, 2016
862
24
Yes, George that is an incredible 111K cherry... This boggles my mind.

 

pappymac

Lifer
Feb 26, 2015
3,295
4,328
I don't know why they didn't argue that being kept in a prison cell was cruel and unusual punishment.

 
May 4, 2015
3,210
16
111K settlement - wow.
Whose pockets do those duckets come out of? One has to assume that since it was vs. a State institution (or was this a prison-for-profit?), the taxpayers, eh? Good times.
It always feels good when a murderous death-row inmate ends up wealthier than I am.

 
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