20
Oct

The Smoking Ban Debate Once Again Rears its Ugly Head

   Posted by:AUDIOMIND


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    [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:

  • 1. You, as a consumer, are not forced to visit a restaurant or bar where smoking is permitted. You have the CHOICE to go elsewhere…for example, a restaurant or bar that has VOLUNTARILY declared itself smoke-free. (like 38% of the Queen City has!)
  • 2. You also, as a potential employee, are not forced to work for a restaurant or bar where smoking is permitted. You have the CHOICE to work elsewhere.
  • 3. Government has no business telling private business owners how to run their businesses. This is yet another intrusion into our lives by government “experts” who conveniently ignore the law and common sense in favor of their own misguided opinions.
  • 4. If you REALLY want change that’s fair, TELL (or complain, whichever) the restaurants and bars you visit how you feel about smoking. Get them to make up their own minds in regard to altering their smoking policies. Doing anything else is telling them that their rights aren’t as important as your rights.
  • 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!


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    This entry was posted on Friday, October 20th, 2006 at 1:00 PM . You can follow any responses to this entry through the RSS 2.0 feed.

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     1 

    The ONLY way I could even fathom agreeing with ANY type of ban, would be if it were an “outdoor” ban by a city – that’s the city’s property. But to tell a business owner what can and can’t happen inside their establishment gets a little to close to telling me what i can and can’t do within my house

    October 20th, 2006 at 6:05 PM
     2 

    oxygen in common

    It’s safe to say that I have mixed feelings about the smoking ban, and I’m not real inclined to want to punish or persecute people for *their* personal vices, lest they turn around and try to do the same to me…

    So I’m not interested in arguing with your larger thesis so much as pointing out the major problem with your ‘slippery slope’ argument:
    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.

    There’s a very clear and glaring difference between these things and cigarette smoke– what you put into YOUR body (or put your body into, for that matter) that’s harmful to YOU, is not necessarily directly harmful to ME. Cigarette smoke is an exception to this. If you light up while you’re occupying the same twenty square feet or so of airspace that I am, then what you’re putting into your body you are also putting into *mine*. It’s unavoidable. That is what puts it into a class by itself. I don’t have to eat off the same plate as you, I don’t have to drink out of the same glass, but I -don’t- have a choice about which oxygen molecules I inhale and which tar and nicotine molecules I don’t.

    Certainly, I have a choice (most of the time) about the places that I go to, but sometimes those choices revolve around factors that go beyond ‘smoking’ and ‘non-smoking’. And the difference is that a smoker can go to a non-smoking venue and, aside perhaps from a self-inflicted (by ‘choice’ of course) nicotine fit, will suffer no harm. A non-smoker cannot do the same. So there is another kind of ‘tyranny’ at work there.

    Please don’t tell me the issue of second-hand smoke and health issues is not ‘proven’… I know better from first-hand, direct real-world experience. I wish that I were not as sensitive as I am to the damn stuff, because apart from the issue of shared oxygen, I *do* consider it a personal choice that should not be nanny-regulated. If they could come up with a cigarette that kept the smoke completely contained in a one or two-foot radius around the smoker’s head, I would just keep a little distance and say “smoke ‘em if ya got ‘em!”

    Until that time comes, I don’t believe it’s as cut-and-dried as your thesis would like to imply. I don’t like the idea of trying to regulate other people’s personal habits. My personal experience has been that most of the truly interesting women I have met are or have been smokers (figure it’s one of those rebellion/non-conformist rites of passage things). But I also have a real problem with the idea that I can’t go to places that I would like to go to just because there’s a significant minority of people there who are choosing to make the air inside toxic to me.

    This is not a concern that I have when you or someone like you is eating red meat, over-salting your food, drinking too much wine, sleeping with loose women (or men) or other potentially harmful vices. You’re not hurting -me-.

    It’s a variation of the classic ‘tragedy of the commons’ problem… and there isn’t an ideal solution to it yet. People have other reasons for coming together besides smoking/non-smoking, and then it becomes a question of whether those who do, have the right to choose to make the atmosphere toxic for those of us who don’t. “Hey, who breathed up the last of the good air?”

    There are better answers than an across-the-board ban on smoking in *all* businesses, I grant you that. But it’s not as simple as you want to paint it.

    October 20th, 2006 at 7:56 PM
     3 

    Re: oxygen in common

    “Please don’t tell me the issue of second-hand smoke and health issues is not ‘proven’… I know better from first-hand, direct real-world experience.”

    There is A LOT of circumstantial evidence surrounding second-hand smoke, mainly propagated by those who wish to ban smoking altogether, even though it does seem that more studies are ‘inclined’ against it. Like any good debate, there are facts on both sides that contradict one another. Additionally, there are a multitude of variables involved that could produce different results (pollution as a single example), explaining why some people develop respiratory problems as a result of second-hand smoke:

    Epidemiology 101
    http://www.davehitt.com/facts/epid.html

    World Health Organization Study on Second Hand Smoke:
    http://jncicancerspectrum.oupjournals.org/cgi/reprint/jnci;90/19/1440.pdf

    Other Facts about second hand smoke and the WHO study above that was suppressed, for a while:
    http://www.junkscience.com/news/euwsjets.htm
    http://www.forces.org/articles/files/passive1.htm
    http://www.davehitt.com/facts/who.html
    http://www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=9776409&dopt=Abstract
    http://forums.prospero.com/n/mb/display.asp?webtag=kr-cltissues&msg=1548.9
    http://getliberty.org/sites/lg/common_sense2.aspx?Title=Lying,%20the%20New%20Anti-Drug

    Still the choice remains….those people that CHOOSE to be in the vicinity of smoking are not forcefully chained to the waist of their counterparts? (What about the effects of car pollution on my ability to breathe justly? Should we ban driving at night because of the hole in the ozone?)

    Should smokers answer to nons or vice versa? Either way each believe one or the other is altering one or the others environment in a negatively perceived way…..which again leads back to the freedom to choose where you go and which business owners to complain to. Further, we, as consumers, do not have the inherent RIGHT to enter ANY place of business…..we are PERMITTED to enter by the owner of that place of business. They can refuse service to you for ANY reason. By all rights they are free to post a sign on their door that states, “You cannot enter this place without a lit cigarette in your mouth.” Sure, it might cost them business, but that’s THEIR decision, not yours.

    Furthermore, I find it highly ironic that the state imposes far higher ‘sin’ taxes in a continuously increasing basis, such as those on tobacco products and alcohol, while claiming that they are supposedly rallying against such health debilitating ‘sins’. Fact of the matter is, they LOVE the $$$ it generates……and lest we forget all the lawsuits the government has collected millions/billions off of…..

    Lastly, the places we go are not determined by smokers, they’re determined by the choices WE make. In my opinion, the issue goes way beyond the harmful effects of smoking and into the realm of basic fundamental rights.

    October 20th, 2006 at 10:02 PM
     4 

    Re: oxygen in common

    Btw, good response.

    I added a little bit of information above (which was unrelated to the premise of your post) just bc I had missed a few things before.

    :)

    October 20th, 2006 at 10:18 PM
     5 

    I agree 100%.

    And, I must steal your self destruct button to become an icon. I hope you don’t mind.

    October 21st, 2006 at 3:26 AM
     6 

    hmmm-thats all fine-but then I suppose you are ok with the idea of me pissing all over people in a bar? You have the choice not to go into that bar :)
    To me, thats exactly what smokers are doing-the equivelant of pissing all over me. The only reason they get away with it is because for years its been acceptable.
    Oh-and please do take into account that the big tobacco companies have been funding the research rubbishing second hand smoking studies for years-so most of the ‘evidence’ that it does no harm comes from them (vested interest anybody?).
    IF and only IF smoking was a habit that only affected the person doing it then I would be fine with it. I have no problem with people snorting coke for example (it doesn’t affect me at all). But since I have to put up with smokers in every single place of entertainment and eatery in my area I have no real choice at all other than to stay at home. That second hand smoke is not just a health risk re cancer btw-it aggravates my allergies and sinus problems, leading to quite considerable discomfort, and the smoke gets in clothes etc requiring me to a)wash everything I wore the moment I get home and b)wash myself the moment I get home.

    October 21st, 2006 at 7:57 AM
     7 

    I’m fairly sure a bar owner would not take kindly to anyone pissing on people in their establishment and would probably have security arrest whomever took such liberty. That example is a far cry from smoking and not even a close comparison at least in this issue.

    Where is the proof that cig companies are/were funding second-hand smoke propaganda. That’s the first I’ve heard of that. Do you have links to studies that were disproven, those that were specifically funded by cig companies? I’d like to read up on it.

    There are a ton of non-smoking options (like the 38% figure I gave for bars & restaurants alone or the near 100% of all other businesses) in any given city on any given day.

    I feel your pain though…..when driving around the Queen City pollution (primarily from automobiles), my allergies and sinus problems act up as well. Of course noone is considering banning the option of driving……not yet anyway, though I bet it’s up and coming.

    October 21st, 2006 at 5:33 PM
     8 

    Sorry if I get uptight on this issue-its been the bane of my life all my adult years-I can’t go out anywhere and enjoy a decent social life without ending up in pain, wheezing and short of breath from bronchial problems I had as a child with terrible sinus headaches bought 100% by smokers. Even without the passive smoking/cancer debate its a health risk for me thats imposed on me without my consent by other people. In comparison-though it sounds appalling and rude-someone pissing on me would actually be healthier and more sociable of them (as it has few actual health risks, its just nasty, while smoking is nasty and has definate health risks for millions of people, including myself).

    Where I live the only form of entertainment nearby are pubs and restaurants-all of which currently allow smoking. Even if they have non-smoking sections (not all do)-smoke tends to drift, so the concept is actually rather inane unless the smoking sections are sealed off (uk airports have taken to doing that-it looks really funny, and the smokers look sad, but it seems to work). We are supposedly getting a complete ban in places that serve food soon in the UK though I will believe it when it happens.

    Regarding the research, its been in several UK newspapers of late (the Independent is the main-probably one of our more reputable papers, but alas you have to pay to access their news archive) that the big cigarette companies have been teaming with Exxon Mobile to swap phony research-on a you scartch my back I will scratch yours basis, Exxon has been funding research aimed at rubbishing smoking dangers, while Phillip Reed has been doing the same for climate change. They have effectively paid for research to find the results they want (hardly scientific) and then promoted them to try and rubbish legit independent studies that show the dangers. Partly because we have a more independent media here in the UK less prone to political and corporate control than the USA such things tend to get out.
    Remember-for many years the cigarette companies denied that smoking had any harmful effects at all and they still tend to try and downplay them even though the evidence is 100% water tight that smoking is harmful (and can you seriously believ that any business that is slowly killing its customers, even if they seem to be ok with that-though remmeber they ARE addicted-is actually going to act in any moral way? Creating dubious ‘science’ to back their cause (and profits) is right up their street.

    No-I have to say it-I am 100% behind smoking bans. If anyone tries to say its all about choice-I agree-MY ability to choose is just as important as anyone elses, and I wont let anyone say any different. If people want to kill themselves with a nasty habit that fine by me-so long as it isnt done in public and affecting my own health as well.

    October 21st, 2006 at 6:38 PM
     9 

    Rights Vs. Health

    The last 2 posters said most of what I was going to say, so I’ll try to refrain from going over it again.

    I’m about 50/50.

    On the one hand, I do believe in the rights of the business, and on the other hand, I feel bad for some waitress that has no other job opportunities that is “forced” to work at a smoking bar when she’d rather not be around the smoke.

    People generally have to work, and generally, places of business are required to have a level of air cleanliness to operate with employees. I work in a dusty factory and OSHA is all over them all the time about paints and dusts and whatnot. I don’t really see how a bar should be any different.

    I mean, if I went into a bar and lit up a stick full of asbestos, people would be pretty pissed, and rightfully so. If that’s my vice, it’s no problem for me to keep it in my house and not inflict it on other people.

    But I’m very much against the government going in and forcing people to bend to their whim.

    Either way you go with it, you’ve got problems. If you don’t tell the business to keep the air safe for patrons and employees, you have a moral issue with people hurting other people. Possibly, against their will, but let’s be REALISTIC, and say that will only happen 1/100th of 1% of the time, if even that.

    If you do tell them to stop, you never can quite tell where you draw the line with that, and who’s to say some Puritan won’t take it too far?

    If you let the morally corrupt run rampent, they will. If you control everyone, you destroy their rights. It’s a no-win situation.

    I liked it when there were smoking and non-smoking sections with their own air vents. I wish their were just air-vent requirements on all establishments, and then OSHA just made sure the air was safe enough to not give people cancer after working there for 40 years.

    But since when does anybody trust OSHA or the FDA to do a good job making sure people don’t get cancer? Red dye X anybody?

    For now, I’d rather not see a ban. In the future, I’d like to see air quality control devices keeping the air clean and let people smoke. Or bars just need to start selling nicotine gum. Or the patch. Or nicotine nasal spray.

    Or maybe we should just stop putting additives in the cigarettes. Or…

    hell, I dunno. Bans cost money, and I’m more into saving money than anything. heh.

    Smoke ‘em if you got ‘em!

    (I’m a non-smoker normally. once or twice a year I’ll light up at a party)

    October 22nd, 2006 at 4:41 AM

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