Monday, 1 March 2010

Just Do Something To Fight Back- This Is A Libertarian Issue

This is a Libertarian issue if there ever was one, for the sake of £1, you can get a man released from prison. Old Holborn is running a campaign to raise £10 000 to get his fine paid.

As of 18.00 Hrs Tuesday 2nd March the amount raised was £5693


Over Five Thousand Pounds Raised in Thirty Six Hours



There has been a fair amount of comment in the blogosphere regarding the six month jail sentence given to Nick Hogan for flouting the 'no-smoking ban'.

Outrage has been duly expressed, here, there, and everywhere. Perhaps we can do better than just express outrage?

Nick was actually jailed for non-payment of the fine originally imposed for a 'mass smoke-in' on the day the ban came into force in 2007 in his pub, the 'Swan and Barristers' in Bolton. He no longer has that pub. He was fined again when council inspectors walked into his present pub and discovered a group of customers smoking - Nick wasn't even on the premises.

His wife, Denise, is now managing their present pub in Chorley herself. Their trade is so low that they don't even bother to open the downstairs bar. Nick is bankrupt, and had gone to court intending to argue that he could not afford the £500 a month payments demanded by the council towards their £11,600 bill for prosecuting him. He has already paid off £1,600. The court gave him a six month sentence instead, and he is currently in Forest Bank prison in Pendlebury, unable to help to earn the money which would ensure his release.

Denise has not even been able to speak to him since he was sentenced. She has merely been told to phone the prison on Monday to enquire when she might see him. She is confused, frightened, and feeling very lonely.

If all the people who disagree with the no-smoking ban contributed a few coppers, then Nick would be released. If you can't afford £1, then at least drop Nick a line and let him know he is not forgotten - not surprisingly, he is feeling very depressed.

Denise has just said to me 'all the people who disagree with the ban - where are they now? - and my Nick is in prison'. Quite.

Denise has no idea how to use the Internet, she has no idea how many of us are against the no-smoking ban. Let's show her.

£1 each - just 10,000 of you - let's see if the blogosphere can do more than merely rant in unison. Once the amount received totals the outstanding fine, they have to release Nick.

Nick's address is:

HMP & YOI Forest Bank
Agecroft Road
Pendlebury
Manchester
M27 8FB

OH UPDATE: Under the health act of 2006, it is the responsibility of the owner or the controller of "smoke free" space to uphold the law. It is not illegal to smoke in a shop or on a train. It is illegal for the owner or controller of the space to allow you to smoke.

Reprinted from the OH site

THE DONATE BUTTON IS ON THE OH SITE TOP RIGHT

The Libertarian Party is utterly opposed to people going to jail for offences such as this.

7 comments:

Roger Thornhill said...

"Under the health act of 2006, it is the responsibility of the owner or the controller of "smoke free" space to uphold the law."

I have heard of plans to devolve down to the individual but THIS IS NOT WHAT WE MEAN!

You cannot have responsibility without authority. If the owner is RESPONSIBLE they must also have the AUTHORITY to decide if it is to be imposed, no?

We vote in representatives so we can loan our sovereignty (and so enable Police, courts, prisons and defence to function on our behalf) but they cannot push it back down without consent with any credibility.

john in cheshire said...

Once we have paid to free this innocent man, I wonder what we can do to change the law regarding smoking in public places. The fascist socialists have had the running for far too long in this country; and regardless of what you may think, I don't think the conservative party would have imposed such a vindictive piece of legislation. I don't smoke, but I don't have a problem with pub. landlords allowing people to smoke in their premises.

simon said...

Just to be pedantic, in a libertarian society he wouldn't have broken a law in the first place, so jail wouldn't have even come in to the equation.


The other thing that people could do is go and by a pint or two in his pub.

Matt Davies said...

It shouldn't matter what any of our opinions on smoking are. Either people have private property rights, or they do not.

I want to live in a FREE country, not some totalitarian shithole.

Dick Puddlecote said...

Nice one, Guthrum.

If there is one issue that sorts the libertarian from the faux type, it's this one.

I have lost count of the number of people who have said to me "I'm a libertarian but I think the smoking ban is brilliant".

No. What they mean is that they personally like the smoking ban, therefore they are operating contrary to libertarian principles if they believe that a law should be even considered if it impinges on the rights of others to act otherwise without causing harm or hindrance.

Wormit Steve said...

Government is not there to impose its morality, beliefs or religion upon a people. For anyone who finds difficulty in this just transpose another vice or personal preference in place of smoking.

I was raised with smokers but choose not to smoke... that is my right not the right of the government to impose for me on my behalf.

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