The Montgomery County (Md.) Council is living up to their promise to try to nullify the rights of business and property owners. As they promised, they are moving forward with a restrictive smoking ban that will cover all restaurants, bars, and private clubs; including those that have a patio or outdoor areas. The Washington Times notes that, "yesterday, five of the Montgomery County Council's nine members introduced the ban, ensuring its passage when it comes to a vote by the full panel in July." To make the ban veto-proof, they still need one more vote. The Democratic County Executive Douglas Duncan has promised to veto the measure. Again.

Earlier this month, the original ban plan literally went up in smoke, because the council willingly violated the law to override the County Executive's veto. Rather than garner enough votes to override the veto, the Council had simply declared themselves to be the Board of Health, whose regulations are not subject to veto. That was struck down as a violation of the law by Maryland's Court of Appeals, their highest court.

The nullification of property rights is supposed to protect people from the 'dangers' of second hand smoke, although both the WHO and EPA have been thus far unable to prove that second hand smoke is hazardous.