Smoking ban

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Is there no right to slowly kill yourself?

Recently smoking bans have become all the rage in the United States. Amid cries of second hand smoke causing cancer and big and evil tobacco companies killing puppies just to make a dollar, banning smoking has become a favorite pass time of fascist assholes all over. Despite the fact that the studies cited as evidence that second hand smoke kills either don't in fact prove that, as in the case of the World Health Organization study, or have been denounced as junk science by a Federal court, as in the Environmental Protection Agency study, people everywhere have decided that they know what's best for you and decide to flex their voting muscles and make lighting up a cigarette into a crime.

1 Libertarian arguments against smoking bans
2 Activism
3 Absurdity
4 See Also
5 External links
6 Episodes

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Libertarian arguments against smoking bans

Perhaps the most persuasive argument against smoking bans that libertarians can offer, as well as one that is not raised by many non-libertarians, is the issue of property rights. A robust defense of property rights trumps other arguments, such as smoking being harmful or annoying.

In a free society, property owners can set whatever rules they wish for guests on their property. This means that not only does a property owner have the right to allow smoking on his property, he has the right to require that everyone on his property smokes, and to remove non-smokers if he so chooses. Of course, any business that instituted this policy would have a sharp decline in profits. However, this does not mitigate the fact that the owner has a right to create such a policy, no matter how bad it is for his business.

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Activism

Not everyone is rolling over and taking this obvious infringement of their rights.

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Eric Timmerman

Thank you Eric Timmerman for putting your neck on the line.

In Indiana, during a West Lafayette city council meeting in which members were considering whether to pass a smoking ban, Eric Timmerman protested the ban by quoting John Locke, lighting a cigar inside the legislative hall, and making a graceful exit. The quote was that governments that restrict people's rights "put themselves into a state of war with the people who are thereupon absolved from any further obedience." Right before his exit he stated "I love America. I love my freedom. And this council, in its infinite wisdom, has now trampled upon such."

To further add to the confusion, Ivy Tech Community College has posted a controversal smoking ban. Apparently you have to put out your cigarette before even entering the parking lot. I can understand not smoking in or around the buildings, but the concern is in denying people their rights in their own vehicle. My understanding is that if Ivy Tech will take complete responsibility for what goes on in the parking lot, then they can tell you not to use tobacco. But, if they will not take responsibility, then Ivy Tech cannot tell you how manage your personal goings on.

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New Hampshire

In the Free State of New Hampshire, where the official state motto is "Live Free or Die", a smoking ban for bars and restaurants was proposed in 2006. All the other New England states have passed similar bans in recent years. Anti-smoking zealots organized a massive lobbying campaign and commissioned a poll that showed 79% of NH residents supported a ban. For the first time, the NH restaurant association did not come out against an anti-smoking bill. Many bar and restaurant owners would like to ban smoking but fear losing customers, so they are willing to force competitors to eliminate smoking through the law. Much of the lobbying for passage highlighted this public and business-owner support, as well as the health issue of second-hand smoke for workers.

In light of this, passage seemed likely. In the NH house, the sponsor of the bill was a Republican who in past years had voted against similar bills. Nevertheless, the freedom movement in New Hampshire was activated. Free Staters and other liberty lovers called, wrote and emailed all 400 Representatives. Many went to Concord to speak to Reps personally. Timing was tight, but many Reps were swayed. Several remarked the dichotomy of paid lobbyists on the pro-side versus volunteers, many of them non-smokers, on the anti-side. Unfortunately, the House voted to approve the ban, 189-156.

The battle resumed in the NH Senate. Anti-smoking lobbyists increased their pressure, causing several Senators to complain about ghost-written mail. Liberty activists took a more personal approach, and were able to get a 3-3 tie in committee. This tie meant the bill was "Inexpedient to Legislate," meaning that the full Senate would not consider the bill on the consent calendar with other widely supported bills. On April 6, 2006, the full Senate debated the smoking ban, and it was defeated 12-11; clips of the Senate speeches are here. Kudos go to the liberty activists who turned this around. New Hampshire will need more activists when similar bills are proposed next year.

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Clark College smoking ban

The Clark College Smoking Ban demonstrates that even learning institutions can fall victim to junk science.

Recently a total smoking ban has been instated at Clark College in Southern Washington. this ban includes smoking on the entire campus, including the parking lot. Smokers are not given any area to do their deed and are told they must leave the physical campus to light up. Despite this the ban is proving to not be completely effective as both students and faculty continue to smoke despite threats of fines. In addition to outright subversion of the new complete ban on smoking the legal status of banning all smoking on public property is being investigated and may be a piece of legal fiction.

Some of the faculty with the balls to put their job on the line and continue smoking have been making comments about the bureaucrats who implemented the smoking ban. Apparently the lead woman pushing for the smoking ban is quite obese; this has raised calls for all fatty foods in vending machines around the campus to be removed, for her sake. This is obviously not a libertarian point of view but is an interesting way to manifest frustration at the situation.

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Absurdity

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Proving that nothing is too extreme when it comes to the moral panic about smoking, Callabassas, California has banned smoking outdoors, period. A locality in Australia has decided that you can't smoke in your car. The absolute absurdity and irony of a smoking ban being proposed in a state where the official motto is "Live Free or Die" should be reiterated.

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