The petition
We the undersigned, do hereby petition the lawmakers of every branch of the Louisiana State Government, to take action in nullifying, abolishing, or ammending ACT 838, in a manner by which it may take into account the rights of privacy of ALL LOUISIANA CITIZENS. ACT 838 commands private citizens not to smoke in their private vehicles, with their own or any other children under the age of 13. We the undersigned, feel that ACT 838, as it is currently written, violates sections 1, 4 and 5, of Article 1, of the Louisiana State Constition (noted below), and therefore, the law, in and of itsself, is invalid due to its unconstitutionality. We, the undersigned, vehemently state that this law CANNOT and SHOULD NOT be law, as it infringes upon the basic human rights of privacy. ACT 838 violates the rights of Louisiana citizens as parents, and seeks to usurp the role and responsibility of the parent, as caregiver of his/her own child. No government may be allowed to do so.
Further, we the undersigned, disagree with the purpose of ACT 838, wherein the intention was to protect children from the hazards of second hand smoke. While we do not deny nor disrespect the rights of Louisiana children, we will NOT allow state nor federal government to dictate how we care for or raise our children. Nor will we allow government to enact laws which infringe upon our rights to use a LEGAL product in the privacy of our OWN VEHICLE. We, the undersigned, feel that such decisions, concerning the welfare of children, and solely concerning the use of a LEGAL product, are not the responsibility of public law, but the responsibility of the individual citizen. Taking into account the fact that smoking is a LEGAL activity, that tobacco is a LEGAL substance, that a vehicle is a PRIVATE PROPERTY, that a child is not an object or commodity of Government, but is instead the product of the union of his/her parents; we demand that decisions concerning his/her care be SOLELY the responsibility of said parents (exclusively relevant to this law, and not encompassing cases of abuse).
We, the undersigned, do not feel this is a smoker versus non-smoker issue. It is instead a matter of basic rights as human beings, parents, and citizens of the state of Louisiana. We, the undersigned, feel that is it time to take action now. We fear that laws infringing upon privacy in our own homes or other properties, or even upon our own persons, will most assuredly be forthcoming, should this law be allowed to remain in effect. We feel that we must stop government interference in private matters immediately.
No government should sign into law, that which is, on its own merits, unlawful according to both state and federal constitutions.
Excerpt from Louisiana Constitution: ARTICLE 1
1. Origin and Purpose of Government
Section 1. All government, of right, originates with the people, is founded on their will alone, and is instituted to protect the RIGHTS OF THE INDIVIDUAL and for the good of the whole. Its only legitimate ends are to secure JUSTICE FOR ALL, preserve peace, PROTECT THE RIGHTS, and promote the happiness and general welfare of the people. The rights enumerated in this Article
are INALIENABLE by the state and shall be PRESERVED INVIOLATE by the state.
4. Right to Property
Section 4.(A) Every person has the right to acquire, own, CONTROL, USE, ENJOY, protect, and dispose of private property. This right is subject to REASONABLE statutory restrictions and the reasonable exercise of the police power.
5. Right to Privacy
Section 5. Every person shall be SECURE IN HIS PERSON, PROPERTY, communications, houses, papers, and EFFECTS against unreasonable searches, seizures, or INVASIONS OF PRIVACY.
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