Saturday, October 15, 2005

Take Your (cigarette) Butt Outside

With the exception of some bars I used to frequent when I was a drinker, I have not smoked a cigarette indoors since 1992. My wife has never smoked and, thank goodness, none of my children smoke. It soon came to be that my wife used my own words against me to put me outside where my smoke and I belonged.

At my work place where smoking was still allowed, there were many non-smokers. They had become accustomed to cigarette smoke in the work place and simply learned to live with it. More and more information, however, made it clear that second-hand smoke is essentially non-filtered smoke and is dangerous. Whether is it more dangerous that smoking first hand is irrelevant. Non-smokers have more of a right to breathe clean air than we smokers have a right to foul it up. It is more reasonable that a cigarette smoker step outside for ten minutes to smoke than it is to expect a non-smoker to step outside for ten minutes of fresh air.

I bring this up because more cities are lining up to declare all public places to be smoke-free, including private establishments such as restaurants and bars. Smokers are up in arms over the whole deal and trying to convince anyone who will listen that their "rights" are being violated. Even business owners are upset because they are being told by the government what they can and cannot do and allow in their "private" establishments.

Should the government be involved at all? Does the city, county, or state have any business telling a restaurant that smoking must not be allowed? In a word, yes.

The government is already involved with the various Health departments that come and inspect facilities, food, preparation areas, and sanitation facilities. There are rules by which a business must abide if it expects to stay in business. The law is absolute: if you endanger the well-being of the consuming public, you will be shut down until corrections are made.

I had an unfortunate bout with samonella not long ago. Once I had tests done at a local hospital (doctors were not sure what was wrong), the hospital notified the state Health department as required by law. The Health department then contacted me to determine whether I worked in food service or child care. Had I been engaged in either of these businesses, I would have been forced to quit until the Health department gave me the ok to return to work. Why? Because I was sick, and it was a risk to public health.

So why is cigarette smoking any different? Science tells us that the smoke is dangerous, so why do smokers believe that they have "rights" to include usurping another's rights? Because cigarettes are legal. And tobacco is subsidized by the US government. And believe me, the non-smoking sections in restaurants do not work. My wife can become deathly ill while smelling or breathing cigarette smoke while she is trying to eat. Being in a separate room does not remove the cigarette smoke from the building.

Restaurant owners are also in a tear about the potential loss of business. Do they really believe that smokers will stop eating out if they cannot have a cigarette with their meal? It is highly unlikely. I would venture to guess that it is more likely that non-smokers who stopped eating out will return. And if the city makes the regulation across the board with no exemptions, one restaurant cannot enjoy an advantage over the other.

The fact is we smokers have every right to smoke if we so choose, and we can smoke to our heart's content (and detriment, you know!). With rights, however, come enormous responsibilities to one another. We lose our rights when our rights begin to trample on the rights of others. I do have a right to smoke, but I do not have a right to force another to breathe it.

8 comments:

John said...

I'm a bit confused about your position here. Do you support or oppose these laws to restrict smoking in bars and whatnot?

Michael said...

I support smoking restrictions. I do believe it to be a public health issue. Smokers can still smoke if they want to; they just cannot willfully expose others to it.

John said...

I disagree, Michael. The bar/restaurant owner holds title the property. He should be the sole person deciding whether smoking should be permitted or not. After all, it's his property!

I don't see how it is a public health issue. If people don't like to be around cigarette smoke, they can take their money to a business that does not allow it.

Michael said...

For the time being, that's pretty much what people have to do now because there is no separation between the smoking section and non-smoking section except for maybe a door.

Consider this. You are the first to enter into the restaurant, and you begin to enjoy your meal. You will also pay for this meal. About that time, smokers enter. They are seated, and they light up.

I realize you lean toward libertarian and I don't completely disagree with what you say. However, we know for a fact that cigarette smoke is dangerous. The non-smokers were there first. Who has the "rights"? Doing without a cigarette will do no harm. Lighting up and exposing others to the smoke does harm.

Yes, the non-smokers were taking their chances presuming or knowing that it was not a non-smoking restaurant. This does not preclude a little consideration - which this world is sorely in need of - in which a non-smoker is not forced into what could be a dangerous situation.

The smoker, of which I am one, has rights. The non-smoker, in my smoking opinion, has the greater right. It is my Christian duty to stand down if I am endangering others. My right to do anything ends when it interferes with your God-given rights.

John said...

But who owns the bar? That would likely be the, well, owner.

It's their property. Shouldn't they set the rules?

Yes, it might be rude for a smoker to light up in the presence of a non-smoker. But should that social taboo have the force of law?

Michael said...

We're talking about a social taboo that endangers others. The owners do not get to set the rules. The government has more of a hand in a public facility than many of us would like, but they are there for our protection. Besides, smokers don't go out to smoke; they go out to eat.

If it is a cigar bar, that's a whole other kettle of fish. That place is specifically a place to smoke, but a restaurant is a place to eat. I wouldn't have a problem with a bar being a smoking place, but a restaurant is a different story.

I understand what you're saying, but I happen to think that it would be ok for a municipal government to restrict smoking in restaurants for the sake of non-smokers. Rude or not, the fact is that cigarette smoke is dangerous. And people are too darn rude to take that into consideration so, unfortunately, the government - that is, the people - have to protect those who cannot protect themselves.

John said...

So even though the bars are owned by people, it is not the decision of those property owners how their property is to be used?

And people are too darn rude to take that into consideration so, unfortunately, the government - that is, the people - have to protect those who cannot protect themselves.

This is intruiging. The purpose of government is to protect people from their own stupidity. A non-smoker might be foolish enough to hang around a smoke-filled bar, but because he cannot be trusted to make his own decisions about life, government must do it for him.

I have a problem with this approach because once you accept that nannyism is a legitimate purpose of government, there's no limit to the possible expansion of the state.

Michael said...

We'll have to agree to disagree about this one, I think. Thank you for your thoughts. I do admit that they are very legitimate.