[those in support of this ban pay particular attention]
Here are my thoughts on the re-emergence of the consideration for this ban…….which has gotten me and many others in an uproar. (Take special note that I personally don’t smoke.)
This controversy has little to do with public ‘air’ rights or the ethics of smoking. (i.e., or I could take the “Don’t lecture me about smoking when you’re stuffing that Big Mac down your windpipe, polluting the ozone with your SUV and dumping 10 bags of garbage a week” route, but now is not the time.)
It’s not a question of smokers vs. non-smokers anymore. That’s not the issue, even if it’s a powerful enough issue for brothers and sisters to demonize each other, all the while letting our emotions and irrationality override the true issue.
It’s about the principles of the rights of business owners (private or otherwise) to choose what happens (within the realms of legality) within their own dwellings. There is no easy answer, but history has shown us time and time again that the easy answer isn’t always the best answer, nor why collective public ownership of something, something that belongs TO ME, is not what can be called democracy.
Do you wish to circumvent the rights of a property owner simply because of your personal preferences and beliefs……..whether or not second-hand smoke is deadly, nor whether or not non-smokers ‘have’ more rights than smokers?
If that doesn’t matter much to you please don’t let me hear you crying or claiming “democracy” and the “voice of the people” when you choose not to flinch when something like this comes up.
Some points to consider:
Anyone who believes in forcing private business owners to ban smoking supports something along the lines of a mild form of despotism; yes it’s that serious. Next thing you know, you’ll all be wanting to ban alcohol (bad for you), red meat (bad for you), refined sugar (bad for you), salt (bad for you), and everything else that causes a MINIMAL amount of harm. Alcohol is DIRECTLY responsible for far more deaths each year than second-hand smoke (if it isn’t simply junk-science), but no one is seriously proposing to ban alcohol. Therefore, why do you care so much whether people smoke in a bar, especially if all present patrons have consented to being exposed to cigarette smoke?
In conclusion let me break it down for some of you guys/gals who might not grasp or be prepared for the reality of personal property rights.
(property rights being an integral part of what this country was founded upon)
[begin story]
There is this guy Audiomind who decides to renovate and reopen a club named ‘ShakeDatAzz’ on E. 4th St. as a brand new nightclub under a different name.Audiomind decides to purchase the building and utilize the space much like how it was utilized before; as a club/bar, occasionally ‘leased’ to other promoters who book artists, DJs, performing acts.
Audiomind, solely, pays for the rent, utilities, sound, lighting, bar essentials, cleaning/security staff, accessories, etc, and is most certainly always open to suggestion by the patrons who attend HIS club.
Audiomind is nice enough to allow (unlike some establishments) others to smoke within HIS club, even though it pisses him off that people love to put them out on the floor. Noted is one complaint he has received from some puritan nanny city council member who shall not be named.
Ms. Puritanical Nanny Pants decides to rise above Audiomind, ‘the peon’ & ‘the ignorant’; and alone becomes fixated on commanding him (and every other business owner within county limits) on what should be allowed within mine own establishment (within legality, of course). She helps pass a city ordinance commanding him (along with everyone else) to cease allowing law-abiding, free-willing patrons to smoke within his building, even against his own personal wishes for HIS business.
Essentially, not only has Ms. Puritanical Nanny Pants taken free-will away from the smokers (& non-smokers alike) who come to HIS club, but she has single-handedly decided that the public, including herself, have a (non-existant, non-binding) vested interest (and ownership) in HIS property, property that HE purchased with HIS hard-earned dollar. Basically, or so it seems, Audiomind simply pays taxes on his property only to be dictated to by city council on what he can or cannot do within his building, even if those actions are within the realm of legality.
Audiomind then becomes curious how long before Ms. Puritanical Nanny Pants turns into a complete despot and finally begins to dictate to him & his family what he can or cannot do within his own home, primarily based upon her own personal preferences. I mean it his for his own good, correct?
However, if Audiomind is allowed to do as he wishes, within the bounds of the law and within the walls of his place of business, and happens to receive enough complaints about the smoking, he might find it in his own best (financial and/or otherwise) interests to desist allowing smoking in HIS club any longer.
[end story]
Now, I say again, what gives you the audacity to assume that you (the non-smoker in support of this draconian ordinance…think NYC & SF) have more rights (whether it be property and/or supposed ‘air’ rights), above & beyond that of a property owner of an establishment that YOU PERSONALLY MAKE THE CHOICE to enter?
Hopefully, this should clear up any misconceptions about who has the upper hand in this debate…….and that it makes clear that your clean air rights stop at the door of my property rights!

Tags: city ordinances, dumb law, nanny state, property rights, smoking
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