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Ky: To local governments: Butt out of smoking policies
Blue Grass Institute ^ | 2-20-05

Posted on 02/21/2005 8:07:28 AM PST by SheLion

Despite intense lobbying from anti-smoking fanatics, Elsmere’s city council kept residents’ property rights from going up in smoke by voting against a smoking ban in public places, including privately owned businesses.

Proponents of a ban seized on a limited proposal by Elsmere Mayor Bill Bradford that would have banned smoking only in city buildings. However, Bradford showed courageous leadership by casting the tie-breaking vote against the plan when the ordinance presented to the council went far beyond his original objective.

Opponents said such a ban would overtax Elsmere’s police department and harm businesses. Dottie Baxter, owner of JB’s Roadhouse in Elsmere says she doesn’t tell the city how to do its business and she expects the same courtesy in return.

Baxter is right. Private property – even those establishments which employ a large staff or provide services to many people – does not belong to the public. Property owners, not government do-gooders, are the rightful decision makers about whether legal activities like smoking should be allowed.

Proponents of bans often aim at restaurant owners by comparing rules against smoking to regulations protecting diners from impure foods. However, the comparisons are not analogous. Restaurant patrons have no advance warning of contaminated foods, but are aware up-front of the presence of second-hand smoke by simply using their noses.

The law should provide appropriate legal reprimand for restaurant owners who engage in acts that injure patrons or workers. But customers are acutely aware of the hazards of second-hand smoke and can easily avoid the risk by leaving. No one is holding a gun to non-smokers’ heads and forcing them to go to bars or restaurants that allow smoking.

Consumers increasingly choose to avoid second-hand smoke. As a result, more restaurants are making their establishments smoke-free. But they should be allowed to voluntarily make that decision. Governments should butt out.

Sources:

“Elsmere rejects smoking ban” by Kevin Eigelbach, The Kentucky Post

“Bloomberg Smokes out Property Rights” by Robert A. Levy, Cato Institute


TOPICS: Culture/Society; Government; US: Kentucky
KEYWORDS: antismokers; bans; butts; cigarettes; fda; individualliberty; lawmakers; maine; niconazis; professional; prohibitionists; pufflist; regulation; rinos; senate; smoking; smokingbans; taxes; tobacco
Baxter is right. Private property – even those establishments which employ a large staff or provide services to many people – does not belong to the public. Property owners, not government do-gooders, are the rightful decision makers about whether legal activities like smoking should be allowed.
1 posted on 02/21/2005 8:07:34 AM PST by SheLion
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To: Just another Joe; Great Dane; Madame Dufarge; Gabz; MeeknMing; steve50; KS Flyover; Cantiloper; ...
Ping for Comments
2 posted on 02/21/2005 8:09:00 AM PST by SheLion (The America we once knew and loved ........................is gone.)
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To: RonPaulLives

A Ky. Ping, Please. :^)


3 posted on 02/21/2005 8:22:56 AM PST by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :^)
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To: SheLion

Property owners, not government do-gooders, are the rightful decision makers about whether legal activities like smoking should be allowed.




That one sentence says it all! Get the government out of our faces and let the market decide. It worked for years and made this country the great country that it is.

The city next to me had very loose smoking laws and yet 50% of the restaurants banned smoking.The market was doing it's job and everyone was happy. Then the Commonwealth of Massachusetts stepped in last July and smoking is banned.

The most unhappy ones now are the small business owners---the large chains could care less.


4 posted on 02/21/2005 8:27:57 AM PST by Mears ("Call me irresponsible".)
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To: SheLion
In (smoking) Richmond, Ky...Friday Night, the RED LOBSTER Rest. was packed (45min. wait)....I bet many rest. in (nonsmoking) Lexington, Ky. wished they had that situation.
5 posted on 02/21/2005 8:29:23 AM PST by skinkinthegrass (Just because you're paranoid, doesn't mean they aren't out to get you :^)
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To: Mears
The most unhappy ones now are the small business owners---the large chains could care less.

Yes.  And what about the 7 states that have forced a smoke free agenda?  How can these business's get their Freedom of Choice back????

6 posted on 02/21/2005 8:31:02 AM PST by SheLion (The America we once knew and loved ........................is gone.)
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To: SheLion

They may eventually get their rights back,She,but I probably won't be around to see it.

I smoke,you see,and am destined for an early death! LOL


7 posted on 02/21/2005 8:35:14 AM PST by Mears ("Call me irresponsible".)
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To: Mears

8 posted on 02/21/2005 8:40:17 AM PST by SheLion (The America we once knew and loved ........................is gone.)
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To: Mears
I smoke,you see,and am destined for an early death! LOL

Well, from the "authority figures" in HERE, I guess I am too. heh!

9 posted on 02/21/2005 8:42:13 AM PST by SheLion (The America we once knew and loved ........................is gone.)
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To: Mears; SheLion
The most unhappy ones now are the small business owners---the large chains could care less.

Another unhappy group are the owners of the businesses that had already gone smoke free.............the government took away their market.

This is why it always blows my mind when they claim it's to "level the playing field"........excuse me, but it was already level, before the nanny-do-gooder-big-brothers went and messed with it.

10 posted on 02/21/2005 8:46:51 AM PST by Gabz (Anti-smoker gnatzies...small minds buzzing in your business..............SWAT'EM)
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To: SheLion
But customers are acutely aware of the hazards of second-hand smoke and can easily avoid the risk by leaving.

Great article, but this got my attention. The myth is being perpetuated even in an honest article. The number of people genuinely affected by SHS is minuscule. The number of people claiming to be "injured" by SHS is enormous by comparison, and evidently uniformly neurotic.

Every truly scientific study ever made on SHS has found no significant statistical connection between SHS and the average non-smoker.

11 posted on 02/21/2005 9:49:12 AM PST by Publius6961
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To: Knuckrider; MBohman; republicanbob1; jcwky; aCDNinUSA; borntobeagle; cooldown3; kentuckydurby; ...
BLUEGRASS PING
12 posted on 02/21/2005 5:01:31 PM PST by RonPaulLives (Never trust anything ending in "u." For example, "DU," "EU," "I love you")
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To: SheLion

Amen! Smoking is my vice, I'll admit. I am glad that I can buy a pack of cigarettes here in KY and still afford to pay my bills!


13 posted on 02/21/2005 7:39:34 PM PST by borntobeagle
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To: RonPaulLives

Thanks for the PING


14 posted on 02/21/2005 7:40:43 PM PST by borntobeagle
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