Your home=public property?

Do you let delivery people come into your home,repair or service people, do you invite your friends over or have invite kids into your home for a child's birthday party?

This may qualify your home as being open to the general public.

Smoking Bans are for the protection of the general public.

Bits and pieces of the below linked article.
Gary K.

http://fightantismokertyranny.blogspot.com/
On March 8, 2007, Mike Kennedy of Smith Falls, Ontario was convicted of offenses under the Smoke Free Ontario Act .

Mr. Kennedy was charged with 5 counts of violations under the Smoke Free Ontario Act. These violations included having ashtrays on the tables, allowing people to smoke and obstructing the smoke police . . . er, health inspectors by refusing to allow them into his establishment.

Mr. Kennedy stipulated to all arguments made by the prosecution, save one. He argued that his establishment was a private member’s club and not a public place, and the general public were neither invited nor permitted into the club.

Justice of the Peace Bartraw, who heard the case in the lower court, noted that: “The only question that is to be determined here today on the evidence is as to whether or not this is a public place or a private club which Mr. Kennedy feels because it is a private members only club that it is exempt from this legislation”.

He went on to speculate that, because members of private clubs were also members of the public, they were to be protected under the Smoke Free Ontario legislation, whether they wanted that protection or not. By this dubious leap in logic, even privately owned businesses were considered, by Bartraw, to be public places.

“It may very well be that you are a member of an organization but that does not stop you from being a member of the public of the Province of Ontario and the legislature’s intent was to protect members of the public of the Province of Ontario from secondhand smoke and smoke and that is why they have made these laws”.

And, even your home may not be considered a private place. Bartraw's determination was based on the fact that private places are not mentioned in the provincial law.

Following this insane logic, your home, which is not specifically exempted in the public places section of the Smoke Free Ontario Act, could be invaded at will.

Marx would be proud