Give Me Liberty or a Non-Smoking Room!

Wednesday, October 21, 2009
By Anthony Webb

Let me first make it clear that I am a smoker and I am in favor of public smoking regulations. With that said, I’m also a Texan. Texas has recently attempted to push Senate Bill 544, a statewide ban on smoking, but was one vote shy of going to a full hearing.

I’m sure that most Americans know that smoking is a real health hazard and according to a publication by Smokefreetexas.org 68 percent of Texans want a smoking ban. I personally think more people want a ban on public smoking; even most smokers. However, most smokers feel that this type of legislation is constructed without any consideration for the personal rights of smokers and small businesses.

I fully support the banning of smoking in public places such as: public transportation, public parks, schools and government buildings.  Please note that all the places I listed are already smoke free areas. These are places that all people should be able to enjoy a smoke free environment. However, these pieces of legislation specify the banning of smoking from restaurants and bars. These are free enterprises, businesses that provide and sell service. If you’re a non-smoker and really want to try some linguine from your popular local smoke-filled Italian restaurant, then ask the owner to make it non-smoking and until he does, order it to go or boycott. If a restaurant can profit more by removing smoking from it, then let the owner of the establishment choose to remove smoking.

Why do non-smokers want to ban smoking from bars? I personally don’t understand it. Think of the niche market you, non-smokers, are about to aerosol out of existence, non-smoking taverns. All of you that are pushing this 100% statewide smoking ban are about to make it impossible to start this new multi-billion dollar industry. Why legislate when you can compete for profit? What’s more American than that?

Many people have suggested that the rights of employees of smoking establishments are not observed. I must point out that employment is not a constitutional right, it’s a choice. If you don’t want to work in a smoke filled bar, then don’t. Case closed.

If we allow our government to control things of this nature then what is to stop them from banning the consumption of burgers and fries? According to American Heart Association (AHA) heart disease is the leading cause of U.S. deaths at 35.3 percent annually; the number one cause of heart disease is a poor diet. Don’t misunderstand, I don’t desire to smoke in restaurants and I am not opposed to using a designated “smoking area” in certain places. This is not really about smoking, this is about our rights as citizens and our rights to manage a business as we see fit. There is an old saying you might have heard of, “give an inch and they’ll take a mile.” Remember that when you set precedents in legislation you are giving the government that inch they want.

I have read that people think that smoking in restaurants and bars should be regulated by the local departments of public health. This is an interesting argument, because you cannot operate a business that serves food or drinks without passing a health inspection. Currently the Food and Drug Administration (FDA) restricts1 the use of cigarettes by employees in bars and restaurants. So, what these people want is for the local health department to enforce smoking bans on the customers. Well, if that’s what people want, then they need to also change the “Employees must wash their hands before leaving” sign to also include “all customers.” If we are going to force businesses to ban smoking through health code then you might as well protect the customers from eating with urine stained hands and spreading diseases. We also need government approved menus with healthy food and mandatory exercise routines before each meal. Does not everyone agree that we need more government regulations to save us from ourselves?

In conclusion, smoking regulations are written with the best intentions for the general public.
In the words of 1957’s Nobel Prize Winner, Albert Camus, “The evil that is in the world almost always comes of ignorance, and good intentions may do as much harm as malevolence if they lack understanding.”


1Food and Drug Administration Food Code 2005: Chapter 2 Management and Personnel: Food Contamination Prevention (2-401.11) Eating, Drinking, or Tobacco.

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