Is the anti-smoking campaing hazardous to your rights?

Merlin1047

Senior Member
Mar 28, 2004
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Following the first successful lawsuit against the tobacco companies, we have seen a flood of anti-smoking efforts arise. These started out as well-intentioned efforts to protect people from the hazards of smoking, including second-hand smoke. But as time passed, the anti-smoking efforts appear to have turned into a crusade. A crusade which has attracted more than it's share of wild-eyed zealots who have predictably driven the common sense out of the cause.

The thing that concerns me about the anti-smoking movement is that in their enthusiasm for banning any and all tobacco products, the anti-smoking groups are trampling the property rights and individual rights of Americans.

Before anyone jumps to conclusions - no, I DON'T smoke. I smoked my last cigarette in 1978. I don't allow people to smoke in my house or my car. My office is not an issue since it is located on federal property and the DoD bans smoking inside any building.

But recently a trend has begun to emerge which causes me concern. Cities are beginning to ban smoking in areas where they should have no authority whatever:
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http://www.thedickinsonpress.com/ma...=1&ArticleID=8016&SectionID=3&SubSectionID=83

Smoking laws discussed
Wednesday, February 04, 2004

By BETTY RANDALL The Dickinson Press

Dickinson city commissioners heard strong support for a proposed ordinance banning smoking in public places at their meeting on Tuesday evening.

The proposed ordinance would prohibit smoking in any public or private business except freestanding bars. This would include common work areas and all areas within 25 feet of the building.

Exceptions to the smoking ban would include private residences, except when used for day care or health facilities and apartment buildings. Hotels and motels would be allowed to designate up to 25 percent of their rooms as smoking rooms.

A perfect world would be completely smoke-free, said Frank Hurt, co-chairman of the Southwest Alliance against Tobacco (SWAAT).

“However, we are looking for a reasonable compromise,” he said.

One area businessman who spoke against the proposed ordinance said business owners should be allowed to decide for themselves whether or not their facilities are smoke-free.

“I don’t see where legislation has any right to tell a business owner what they can or can’t do with their own property,” Scott Martin said.

Dr. Amy Oksa responded by outlining existing rules businesses must already follow.

“We have cleanliness rules and hand-washing rules,” she said. “Why not have (clean) air standards?”
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http://www.jointogether.org/sa/news/reader/0,1030,263123,00.html

Philadelphia Considers Banning Smoking in Restaurants
5/18/2000

A Philadelphia, Pa., city councilman has introduced a measure that would prohibit smoking in restaurants and public buildings, the Philadelphia Inquirer reported May 11.

The bill sponsored by City Councilman Michael Nutter would make Philadelphia's smoking laws among the more restrictive in the United States.

Under the measure, smoking would be banned in all enclosed public places, including restaurants, bowling alleys, buildings and lobbies. In addition, hotels would have to designate 75 percent of their rooms as nonsmoking.

The bill would exempt private clubs and union halls, tobacco stores, and bars and taverns that derive 60 percent or more of their gross sales from alcoholic beverages.

City Council members predict that passage of the measure will be difficult. "It's going to be a problem," said Councilman Richard Mariano, a nonsmoker. "I think Michael is a smart person and overall it's a good thing, but it's going to negatively affect a lot of people."

Already voicing their opposition are restaurateurs and trade groups, who claimed their businesses would suffer. Others argued the bill would violate the rights of patrons.

A scheduled hearing on the bill is expected soon.
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I do not dispute that second hand smoke is harmful. I have no issue with banning smoking. I do have a problem with governmental interference in the rights of individual property owners.

Government at all levels has refused to attack the smoking problem head-on. They have refused to make cigarettes illegal and they have refused to make smoking an illegal activity. Instead, they are approaching the problem from the back door.

Government recognizes that banning cigarettes would be about as successful as prohibition. People who want to smoke are going to find the means to do so. Not only that, governments at all levels currently enjoy a huge tax income from the sale of tobacco products and they are loath to kill the golden goose.

But government seems to have no such compunction about watering down our civil liberties. In their efforts to control smoking, government has begun to encroach on the rights of property owning Americans including businesses.

Business owners are being beset by ambitious city and state officials who seek to regulate smoking in private businesses. So what's so bad about that? The dangerous aspect is that government has trodden upon another liberty. So long as smoking remains a LEGAL activity, what right does government have to tell a business (property) owner that he or she cannot allow smoking on their premises? Is it that much of a stretch from regulating private businesses to regulating smoking in your home? If you think I'm reaching, consider the fact that some are encouraging lawmakers to view smoking in the home as a form of child abuse.

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http://www.news.cornell.edu/releases/Sept97/smoking.abuse.ssl.html
Cornell child abuse expert says it's time to recognize smoking as child abuse

ITHACA, N.Y. -- Cigarette smoking is a form of child abuse, says one of the nation's leading child abuse experts, and it's high time we recognize it as such.

"More young children are killed by parental smoking than by all unintentional injuries combined," says James Garbarino, an internationally recognized expert on child protection and the director of Cornell University's Family Life Development Center. These deaths include almost 3,000 annually due to low birth weight, 2,000 due to Sudden Infant Death Syndrome and another 1,300 attributed to respiratory infection, asthma and burns, according to researchers in the Archives of Pediatrics and Adolescent Medicine (July 1997 edition).
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These groups plan to use this approach as a means of insinuating themselves and their agenda into your home.

So we are left with the conundrum that government refuses to outlaw a hazardous activity because;
1. It will likely be unenforceable.
2. It will likely create a new crime syndicate.
3. It will cost governments billions in tax revenue.

Worse, groups like the American Heart Association willingly play the stooge for government taxation of tobacco products. They assert that increasing taxes will decrease smoking, especially among younger smokers. Baloney. By making it more expensive, they serve to make smoking a status symbol. But here is the "logic" if you care to read it:
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http://www.americanheart.org/presenter.jhtml?identifier=11225

Tobacco Excise Taxes

AHA Advocacy Position
The American Heart Association has called for significant increases in federal and state cigarette taxes to reduce teen smoking, to save lives and to offset the costs of smoking by raising significant new revenue.

Increasing the excise tax on tobacco products has been one of the most effective ways to discourage youth from starting to smoke. According to an August 1993 report from a National Cancer Institute expert panel, "An increase in cigarette excise tax may be the most effective single approach to reducing tobacco use by youth. The impact of an increase can be expected to encourage teenagers to stop smoking, and it may also discourage children from ever starting."

Publicly, the tobacco industry decries excise tax increases as ineffective. Privately, in their own documents, the industry admits exactly the opposite — that kids are especially sensitive to price.
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If "kids are especially sensitive to price", explain the brand-new high dollar cars you see in high school parking lots. Explain the $150 dollars sneakers. Explain the designer clothing. If you want to make cigarettes unpopular with high schoolers, try making them dirt cheap.

In my opinion, the tobacco industry sees higher taxes as a means of keeping government off their backs. The industry knows that government officials will tread carefully so long as there is tax income to be derived.

So what is the solution to mitigating the effects of second hand smoke in public places, which does not infringe on our rights? The solution is so incredibly simple that it boggles the mind. Allow the INDIVIDUAL to make his or her own choice. Instead of attempting to regulate smoking on private property, simply require the business owner to post one of two signs in their entrance. The sign should say either "Smoking Optional" or "Smoke Free".

That way, when you or I walk up to the front door, we are cognizant of the status of that facility. If we object to smoking, we can take our business elsewhere. THAT is the way to solve the problem without sacrificing another of our steadily dwindling liberties in the process. Let the consumer regulate the activity of a business with his or her dollar. That is the way the free market has operated for centuries. It works far better than government fiat.

The problem is that those who have appointed themselves to "take care" of us will see themselves left out of the loop. And they get very upset whenever someone suggests that individual Americans are damn well capable of taking care of themselves. I guess it's a job security issue.
 
Our county tried passing an anti-smoking law. It was successfully overturned in court because it went against state law. So now the smoking nazis are trying to change the state law!!! :mad:

Now I don't smoke, but I certainly believe that if a business wants to cater to smokers, it's their right.
 
I still don't understand why some groups seem hell bent on imposing their view on everyone. Simply posting the smoking status of an establishment should be sufficient. Businesses could choose which policy to pursue on their premises. Restaurants could have both smoking and non-smoking sections, so could bars. The only thing that would be required would be a ventilation system set up in such a manner that the intake for the air exhaust is in the smoking section while the majority of the vents for the airconditioning are in the non-smoking section.
 
I don't smoke, and don't care what laws are imposed OTHER THAN the airplanes being smoke free and some family areas where children are present. Anti-smoking laws do not affect me, therefore, I leave it to the ones that DO smoke (or care about others smoking around them) to hash it out.

I laugh when my co-workers say they are going out for some air...then light up a heater.
 
in california........you can't smoke in any bar, any restaurant, any place of work with an employee, in a park, on the beach, within 100 ft of any builidng entry, some city streets.........but you can dress up as a woman with your pickle swinging in the breeze and get maariied at city hall while the all gay boyscout troop views a bust of harvey milk and a den mother er father er lesbian explains the twinky defense

this state should be magenta not blue
 
I'm a smoker, and the way these people have gone overboard with fanatical abandon really pisses me off.

It's a classic study of incrementalism. First it was airplanes. Then airports. Then public places. Then bars. Then whole cities.

It's yet another case of liberals protecting ourselves from ourselves. Glad they're there to keep an idiot like me in check. It's for my own good.
 
I am probably in a minority here. i think cigerettes should be banned as well as alcohol. if there was a law to ban them both i would support it. As long as any such ban was done through the Constitutional means ie the people choose to do it.

With that said I am not about to start an active campaign to restart prohibition on alcohol or cigerettes. There are alot of more important issues to address right now. Besides simply creating a law wont necessarily fix the problem i think educating people will. If you teach people good principles they will govern themselves. (Which is exactly why liberalism doesnt work, it teaches people bad principles and wonders why they always turn to genocide)
 
fuzzykitten99 said:
I don't smoke, and don't care what laws are imposed OTHER THAN the airplanes being smoke free and some family areas where children are present. Anti-smoking laws do not affect me, therefore, I leave it to the ones that DO smoke (or care about others smoking around them) to hash it out.

I laugh when my co-workers say they are going out for some air...then light up a heater.

Fuzzy, I guess I didn't make my main point sufficiently clear. I was suggesting that the attack on smoking in certain "public" areas such as private businesses does indeed present a hazard to the rights of ALL Americans whether they smoke or not.

Government already restricts property rights far more than the founders ever envisaged. Some things make sense - for example if I were your neighbor and we lived in a typical suburban neighborhood, I should not be allowed to raise pigs or to open an explosives facory on my premises. But now government seeks to go beyond those areas and start regulating behavior which has no direct impact on others or which can easily be avoided by those who object.

So my aim is to present this not as a smoking issue, but as another instance of having our rights trampled by bureaucrats, politicians and zealots.
 
Merlin1047 said:
Fuzzy, I guess I didn't make my main point sufficiently clear. I was suggesting that the attack on smoking in certain "public" areas such as private businesses does indeed present a hazard to the rights of ALL Americans whether they smoke or not.

Private businesses are responsible for the health of their employees and a healthy, non-hazardous workplace. If you're working in a small space with many smokers, your health risk jumps. I don't think this infringes on people's rights at all-- just go outside and light up, eh?
 
Avatar4321 said:
I am probably in a minority here. i think cigerettes should be banned as well as alcohol. if there was a law to ban them both i would support it. As long as any such ban was done through the Constitutional means ie the people choose to do it.

With that said I am not about to start an active campaign to restart prohibition on alcohol or cigerettes. There are alot of more important issues to address right now. Besides simply creating a law wont necessarily fix the problem i think educating people will. If you teach people good principles they will govern themselves. (Which is exactly why liberalism doesnt work, it teaches people bad principles and wonders why they always turn to genocide)

I can agree with the education part. As for the rest, well that's another matter.

Our current drug laws do little to deter users from seeking illicit narcotics. If the government was truly serious about stopping drugs, they need to change their approach. Currently we're going after suppliers. That's the wrong end of the chain. To stop or significantly reduce drug use, you have to go after the demand - ie the user. You forget about crap like cannabis and go after the hard stuff like crack, heroin, cocaine. A first time offender gets a one thousand dollar fine and community service. Second time, five thousand, third ten thousand. We don't want drug users in prison. Seize their assets and put them to work in community service. Once the demand begins to dry up, the supply will diminish on its own and the price will go through the roof.

Same thing if you wanted to ban the use of alcohol. But you only have to look at history to see how successful that was. Banning cigarettes will likely generate the same crime wave and be just about as successful as banning alcohol was.

Besides, do you really think that another alcohol ban has a snowball's chance in hell of passing? Let's see - we amended the constitution once to ban alcohol consumption and production. Then we repealed that amendment. Now we're going to reinstate it? I don't think that's very likely.
 
nakedemperor said:
Private businesses are responsible for the health of their employees and a healthy, non-hazardous workplace. If you're working in a small space with many smokers, your health risk jumps. I don't think this infringes on people's rights at all-- just go outside and light up, eh?

I disagree. If one of the conditions of employment is that the employee must work in a smoky environment then the emplyee accepts that when he or she is hired.

Consider bartenders or waiters in bars. They knew what to expect when they hired on, now you say that the business is responsible for any ill effects they may suffer from that environment? Don't think so.

And you're missing the point too. Smoking is a LEGAL activity. What right does government have to infringe on the rights of a property owner to engage in a legal activity which is not specifically prohibited by zoning laws?

My wife can't stand the odor of certain wax candles and will not go into small stores which carry them. Should she be able to get legislation prohibiting these candles because she is allergic and as a result cannot shop for other items in the store?

Just because smoking is a bad habit and is in disfavor, let's not be in such a rush to hand over more of our rights to the government.
 
Merlin1047 said:
Banning cigarettes will likely generate the same crime wave and be just about as successful as banning alcohol was.

Yep.

AK has one of the highest, if not the highest taxes in the nation on cigarettes now. In Anchorage, you'll pay over $5.25 per pack for Marlboros.

There's a huge blackmarket now just because of the horrendous taxes. Many Indian companies that are exempt from taxes are reselling cartons for much less money. They openly advertise their services, and you can nab a carton of Marlboros for like $15.00 through them.

I think the cat is out of the bag, because I don't think there's a snowball's chance that the taxes are going to be eased. So the blackmarket will continue to grow and the end result is that the government will end up receiving LESS revenue because it bought into the anti-smoking nazi's arguments and levied punishing taxes on tobacco.
 
manu1959 said:
in california........you can't smoke in any bar, any restaurant, any place of work with an employee, in a park, on the beach, within 100 ft of any builidng entry, some city streets.........but you can dress up as a woman with your pickle swinging in the breeze and get maariied at city hall while the all gay boyscout troop views a bust of harvey milk and a den mother er father er lesbian explains the twinky defense

this state should be magenta not blue


Haha, I feel your pain brother. The same exact BS applies in Ontario. Watch out, Sharia Law will be next.
 
Merlin1047 said:
My wife can't stand the odor of certain wax candles and will not go into small stores which carry them. Should she be able to get legislation prohibiting these candles because she is allergic and as a result cannot shop for other items in the store?

that remindes me of the time my mother was sent home from work because the HR director thought her perfume was too strong.....they have notices in public meeting halls saying " if your perfume or colonge is deemed to strong you will be asked to leave " california is effing whacked
 
NightTrain said:
Yep.

AK has one of the highest, if not the highest taxes in the nation on cigarettes now. In Anchorage, you'll pay over $5.25 per pack for Marlboros.

There's a huge blackmarket now just because of the horrendous taxes. Many Indian companies that are exempt from taxes are reselling cartons for much less money. They openly advertise their services, and you can nab a carton of Marlboros for like $15.00 through them.

I think the cat is out of the bag, because I don't think there's a snowball's chance that the taxes are going to be eased. So the blackmarket will continue to grow and the end result is that the government will end up receiving LESS revenue because it bought into the anti-smoking nazi's arguments and levied punishing taxes on tobacco.


You're right, people drive to a Mohawk reserve here just for that purpose. Why they can't find someone in town to buy off is unknown to me, but it's not hard.
 
Merlin1047 said:
I can agree with the education part. As for the rest, well that's another matter.

Our current drug laws do little to deter users from seeking illicit narcotics. If the government was truly serious about stopping drugs, they need to change their approach. Currently we're going after suppliers. That's the wrong end of the chain. To stop or significantly reduce drug use, you have to go after the demand - ie the user. You forget about crap like cannabis and go after the hard stuff like crack, heroin, cocaine. A first time offender gets a one thousand dollar fine and community service. Second time, five thousand, third ten thousand. We don't want drug users in prison. Seize their assets and put them to work in community service. Once the demand begins to dry up, the supply will diminish on its own and the price will go through the roof.

Same thing if you wanted to ban the use of alcohol. But you only have to look at history to see how successful that was. Banning cigarettes will likely generate the same crime wave and be just about as successful as banning alcohol was.

Besides, do you really think that another alcohol ban has a snowball's chance in hell of passing? Let's see - we amended the constitution once to ban alcohol consumption and production. Then we repealed that amendment. Now we're going to reinstate it? I don't think that's very likely.

Im aware of history. but I think as you have pointed out they enforced prohibition the wrong. They should have attacked the demand side rather than the supply side.

I dont think an alcohol ban has a chance. but id support it if it was ever up. like i said there are far more important things to deal with.
 
I'm a heavy smoker---make it illegal or let me smoke anywhere I like. It won't happen but the hypocrisy is ludicrous. Nonsense governmental interference diminishes respect for laws in general.
 

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