Smoking Bans, RYO and the New Nazi Germany

Before anyone invokes “Godwin’s Law”, Wrong! it does not apply here. Hitler detested tobacco and he called it “the wrath of the Red Man against the White Man, vengeance for having been given hard liquor.”  Robert Procter wrote a book on the subject.

I have previously written on the definition of fascism and how the term has been used by both the left and the right and how they are both right in Fascism Comes to Amerika so I won’t go into great deal here. I will just show the WIKI definition of Fascism.
Nazi Germany created the Gestapo who’s function was you guessed it “Homeland Security”  It has been widely reported how those who believe in the Constitution and the freedoms guaranteed by it are considered a threat so I won’t go into that here. But how does that tie into smoking bans or RYO shops?  The first attack on RYO shops came from the TTB ( Tax and Trade Bureau) which was setup by you guessed it, Homeland Security.  Need proof? This from the federal court records granting an Injunctive Order barring the TTB from enforcing it’s rules against the RYO shops.

Firearms (ATF) into two new organizations. This Act creates with the Department of the
Treasury a new Alcohol and Tobacco Tax and Trade Bureau (TTB) and moves certain law
enforcement functions of ATF to the Department of Justice.
Under the Act, the Alcohol and Tobacco Tax and Trade Bureau is responsible for
administration and enforcement of:
Internal Revenue Code of 1986, 26 USC (IRC):
Chapter 51 (Distilled Spirits, Wine and Beer),
Chapter 52 (Tobacco Products and Cigarette Papers and Tubes), and
Sections 4181-4182 (Firearms and Ammunition Excise Taxes); . . . .” TTB.GOV, (last visited Nov. 16, 2010).

They attack legitimate small businesses (RYO shops) which are largely used by poorer people who can’t afford the abusive taxes imposed in the name of social engineering yet they deliberately attempt to kill the shops that cater to that group.  Then of course they issue reports that tobacco smuggling contributes to terrorism.

Disturbingly, the financial loss and budget effect are only part of the problem. Often the state’s loss is terrorist organizations’ gain. In 2008, under my leadership, a House Homeland Security Committee investigation found a terrifying nexus between cigarette smuggling and terrorism.

We uncovered far too many examples. Consider, counterfeit cigarette tax stamps were found in an apartment used by members of the Egyptian Islamic Jihad cell that carried out the 1993 bombing of the World Trade Center. The notorious “Lackawanna Six” Islamic-terrorist cell received $14,000 from a former gas station operator, who was subsequently convicted for cigarette trafficking and money laundering.

In 2002, authorities convicted conspirators in a cigarette smuggling ring that generated a profit of $1.5 million — part of which was funneled to Hezbollah, along with laptops, night-vision goggles, stun guns and blasting equipment. In May 2010, New York State tax agents disrupted a smuggling operation, in which an FBI wiretap recorded one man recruiting for Al Qaeda, discussing blowing up a shopping center.

Last year, the U.S. comptroller general and the Justice Department verified that cigarette smuggling provides financial support for international terrorist groups including Hezbollah and Al Qaeda.

Of course this begs the question is it the role of government to impose punitive taxes on people who engage in activities that the “elite in Washington don’t approve? We see on a daily basis how this nanny statism has eroded freedom and freedom of choice.  Recently Congress and the President shut down the RYO shops using almost identical wording as the rules set by the TTB.  Many especially non-smokers did not hear about it because it was one paragraph buried in the “Transportation Bill.

WASHINGTON — Late Friday, President Obama signed H.R. 4348, the Moving Ahead for Progress in the 21st Century Act, which primarily maintains jobs on highway transportation projects and prevents interest rate increases on new loans to college students. The bill, which allocates more than $100 billion to be spent on highway, mass transit and other transportation programs, includes a rider designating roll-your-own (RYO) tobacco shops “manufacturers” for tax purposes.

Just two days ago a group of RYO shops filed suit based on the fact that the amendment is unconstitutional.

First it violates the equal protection clause of the Fourteenth amendment.  Rolling your own cigarettes is not illegal, you can do it in your own home all day long.  The RYO shops do nothing more then rent you a machine so that you can do it more efficiently.  These are not manufacturing grade machines, they produce about 20 cigarettes a minute as opposed to the 20,000 cigarettes per minute that a cigarette manufacturer’s machine does. You can buy one of these machines and use it in your own home but under the law you can’t rent the same machine and use it in the store.

Second it violates the “takings clause” of the fifth amendment. The amendment virtually makes the machines that these businesses invested in worthless thereby a taking without due process or “just compensation”

This of course is a simplification of the case and when I can find a link to the entire complaint I will post it. But we see the erosion of freedom and freedom of choice on a daily basis. Here is a video done by Audrey Silk founder of NY CLASH.

Of course we have all heard about how widely popular smoking bans are and how well they are working. Of course they claim no economic harm. and of course they are using money extorted from smokers through the MSA (Master Settlement Agreement) to enforce this ban. Of course the intent of the settlement was compensate the states for some of the medical costs of caring for persons with smoking-related illnesses. Very little has been spent in that area. What was not used as an attack on the rights of smokers was used to fill budget shortfalls. So this in itself is a hidden tax on smokers. From Peoria IL:

Sullivan added, “This business is hard enough. We don’t call on ‘mom and pop’ shops. You just don’t do that.”

Koehler and other members of the Senate subcommittee also expressed frustration that a $4,557 grant was issued to the Peoria City/County Health Department from a source they were unaware of. The money actually came from the massive 1998 legal settlement against tobacco companies that awarded $9.1 billion to Illinois though 2025. Of that, $86,866 is budgeted this year to the Peoria City/County Health Department for enforcement grants to ensure the Smoke Free Illinois Act is obeyed.

“I don’t quite get it,” Koehler said. “I hope the money from the tobacco settlement is used to educate rather than to be punitive.”

Since Fascism is basically a partnership between a strong central government and corporations the above should be of no surprise but other then those of us fighting the smoking bans. The back room deals between Obama and Big Pharma on Obamacare have been reported.

A memo obtained by the Huffington Post confirms that the White House and the pharmaceutical lobby secretly agreed to precisely the sort of wide-ranging deal that both parties have been denying over the past week. . . . It says the White House agreed to oppose any congressional efforts to use the government’s leverage to bargain for lower drug prices or import drugs from Canada — and also agreed not to pursue Medicare rebates or shift some drugs from Medicare Part B to Medicare Part D, which would cost Big Pharma billions in reduced reimbursements.

Of course those of us fighting all of this have known for quite some time. Dr Michael Siegel who formerly worked at the CDC and was a Tobacco Control Trainer has reported on this.

I had no idea that the contractors providing state quitline services are all part of an insiders club that is beholden to the North American Quitline Consortium. The best potential contractor in the nation would not be eligible to even bid for a contract to provide quitline services in many states if it were not a member of NAQC.

This is really quite a racket they’ve got going.

What is so troubling, though, is why the state health departments are playing along. Why would state governments agree with the requirement that contractors must pay off NAQC in order to apply? Would not the state health departments want to identify the best and most qualified possible contractor, not merely chose their contractors from the subset of companies that have made their payments to NAQC?

Equally troubling is the fact that in order to “join the club,” a service provider must necessarily create a conflict of interest for itself with Big Pharma. Since NAQC is funded by three pharmaceutical companies with a vested interest in having their products offered to quitline callers, contractors who join NAQC become members of an organization that is funded by, and advised by these pharmaceutical companies, which serve as corporate delegates to the group.

What is surprising is the unholy alliance between Big Pharma,Big Tobacco and the NACS, from the NACS:

WASHINGTON – The Washington Post last week analyzed the $109 billion federal highway bill, pointing out that the amendment includes language that would reclassify tobacco shops that offer roll-your-own (RYO) machines as “tobacco manufacturers.”

The reclassification would thus impose new regulations and higher taxes on the stores, a move that NACS supports, as the RYO storefronts have affected roughly 62% of one-store operators.

The Post, however, painted a different picture, framing the issue as one of Big Tobacco against the little guy. “This is catastrophic,” said Phil Accordino, whose small company builds RYO machines in Girard, Ohio.

NACS, along with tobacco companies and some members of Congress, maintain that the bill is aimed at cracking down on unregulated cigarettes. “Roll-your-own cigarette machines take advantage of an unintended tax loophole, and that isn’t right, so this offset closes it,” said U.S. Sen. Max Baucus.

Now from the Post:

Officials with the tobacco companies, and allies who include some public health advocates, counter that they’ve been trying to crack down on ultra cheap and unregulated cigarettes, which they contend skirt tax and health laws.

Even the non-smokers among you should be disturbed by  this.  Here is Vicki McKenna when the state tried to do the same thing.

Welcome to Fascism in Amerika.

About Marshall Keith

Broadcast Engineer Scuba Diver Photographer Fisherman Hunter Libertarian
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One Response to Smoking Bans, RYO and the New Nazi Germany

  1. harleyrider1978 says:

    “The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.”
    (Mein Kampf, Adolf Hitler; 1943)

    The Führer thanks you from the grave:

    Hitler was a Leftist
    Hitler’s Anti-Tobacco Campaign

    One particularly vile individual, Karl Astel — upstanding president of Jena University, poisonous anti-Semite, euthanasia fanatic, SS officer, war criminal and tobacco-free Germany enthusiast — liked to walk up to smokers and tear cigarettes from their unsuspecting mouths. (He committed suicide when the war ended, more through disappointment than fear of hanging.) It comes as little surprise to discover that the phrase “passive smoking” (Passivrauchen) was coined not by contemporary American admen, but by Fritz Lickint, the author of the magisterial 1100-page Tabak und Organismus (“Tobacco and the Organism”), which was produced in collaboration with the German AntiTobacco League.

    Before World War II, Nazi propaganda strategy, officially promulgated by the Ministry of Public Enlightenment and Propaganda, stressed several themes. Their goals were to establish external enemies (countries that allegedly inflicted the Treaty of Versailles on Germany) and internal enemies, such as Jews, Romani, homosexuals, and Bolsheviks. Hitler and Nazi propagandists played on the anti-Semitism and resentment present in Germany. The Jews were blamed for things such as robbing the German people of their hard work while themselves avoiding physical labour. Der Stürmer, a Nazi propaganda newspaper, told Germans that Jews kidnapped small children before Passover because “Jews need the blood of a Christian child, maybe, to mix in with their Matzah.” Posters, films, cartoons, and fliers were seen throughout Germany which attacked the Jewish community, such as the 1940 film The Eternal Jew.


    Adolf Hitler’s personal distaste for tobacco[10] and the Nazi reproductive policies were among the motivating factors behind their campaign against smoking, and this campaign was associated with both antisemitism and racism.[11]… …Strict measures were taken in this regard and a district department of the National Socialist Factory Cell Organization (NSBO) announced that it would expel female members who smoked publicly.[39] The next step in the anti-tobacco campaign came in July 1943, when public smoking for persons under the age of 18 was outlawed.[11][32][37] In the next year, smoking in buses and city trains was made illegal,[14] on the personal initiative of Hitler, who feared female ticket takers might be the victims of passive smoking.[6]


    Ahhh. “Godwins law”. An excuse used by communists, or “Greens”, or anti-smokers, or anti fattists, or any other hippy grouping, to deflect, or “defeat” any reasoned argument/discussion
    away from the clear fact that there IS no difference between them and the nazis, when that reasoning comes dangerously close to proving the fact. And used by Nazis, who are loosing their argument, but can, or will not be seen to be “throwing-in-the-towel.”

    As to “Nazi”. It is a methodology. Or a “world view” NOT an end result. (In fact part of Mein Kampf was TITLED “Weltanschauung” (World view)!)

    It does not matter if you end up eradicating Jews, or smokers, if the METHODS, or even the RHETORIC used are the same that were used by the “Nazis”, then the title is yours. Go and enjoy it.

    (A simple test is to compare methods used by the anti whatever lobby today, and “News”papers such as “Der Stürmer” ( ), or “Das Schwarze Korps” ( ). If the methods match, are so similar as to make no difference, or even if they FEEL that way, then those methods, and those using/purporting them, are nazis, and “Godwin”cango and screw himself sideways..)


    No matter what an amount of talent employed in the organization of propaganda, it will have no result if due account is not taken of these fundamental principles. Propaganda must be limited to a few simple themes and these must be represented again and again. Here, as in innumerable other cases, perseverance is the first and most important condition of success. MEIN KAMPF(p.159)

    Jun 27, 2006 – … There is No Safe Level of Second-Hand Smoke : The U.S. Surgeon General, … RICHARD CARMONA: The first report on this subject was issued by one of …. a smoking section, and you’re sitting in the non-smoking section.

    Hitler would be proud!

    No safe level” of tobacco smoke is another much-repeated inflammatory myth, and it didn’t originate with the Office of the Surgeon-General. An early reference to “no safe level” is in 1992 – see Godber Blueprint. It’s often the case that claims that eventually make it through to the public were originally floated at the World Conferences on Smoking or Health.

    Working Papers in Support of the 8th World Conference on Tobacco or Health: Building a Tobacco-Free World. March 30 – April 3, 1992
    Buenos Aires, Argentina
    The scientific evidence linking ETS to death and disease is clear and overwhelming : There is no safe level of exposure for the carcinogens found in tobacco smoke. Victims of ETS are called involuntary smokers or passive smokers . The only way to protect people from the dangers of ETS is to keep tobacco smoke out of our indoor air . The prevention of involuntary exposure to ETS should be a priority for tobacco control advocates worldwide. (p.79)

    Just in these few lines is much revealed. The fanatics are referring to “clear and overwhelming” evidence a year before even the [fraudulent] EPA Report on ETS. They’re already referring to “victims” of ETS. They’re using another inflammatory myth of “passive smokers”. And, they’re making the fraudulent claim of “no safe level of exposure for the carcinogens found in tobacco smoke”.

    And there’s another important point. Although attempting to manufacture ETS “danger”, the title of the conference betrays the actual social-engineering intent – BUILDING A TOBACCO-FREE WORLD.

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