The following was written by Ryan Pacyga, attorney for Minnesotans against Smoking Bans, and is posted on this site as part of a new plan - to carry on discussion of the show's topics here on the show blog.
The Minnesota Legislature is considering the adoption of a bill entitled "The Freedom to Breathe Act of 2005." Essentially, the proposed bill seeks to ban smoking in bars, restaurants, and private clubs. Recently, an amendment was introduced to exclude bars whose liquor sales amount to 50% or more of their revenues. The next committee to consider the bill is the House Commerce Committee.
Proponents of the bill maintain that the purpose is to protect the health of restaurant and bar employees. They cite flawed stistics to further their cause. For example, during testimony before the House Health & Finance Committee, several proponents referred to the Helena, Montana study that purportedly found that heart attacks dropped 40% after Helena implemented a smoking ban over a six-month period. What they did NOT tell the Committee is that the number of heart attacks dropped from 7 to 4, a statistically insignificant number. Moreover, the town experienced the same decline four years ago--long before it implemented a smoking ban.
Proponents of the bill also argue that business will suffer adverse economic consequences as a result of the proposed ban. This is not true. Other states and localities who have implemented similar bans have caused bars and restaurants to close their doors. If a ban is adopted, some businesses will benefit, while others will close down. Government should not be able to regulate a business out of existence, expecially when the product at issue (tobacco) is legal.
If you support local business, or if you are opposed to governmental infringement on civil liberties and property rights, then we could use your help. Proponents of the bill have launched a massive effort to sway public opinion and their representatives. They are backed by hundreds of thousands of dollars, as well as groups like MPAAT and the American Lung Association. Clearly, this is a David v. Goliath fight, but we can do it. Please contact your local representative and urge them to vote "no" on the Freedom to Breathe Act. Please write to the opinion section of your local newspaper. Please visit minnesotansagainstsmokingbans.com and view its resources. Finally, please support our constitutional rights. If you have other ideas, please contact me at 612-991-6000, or email me at [email protected]
Please discuss!
I suspect that the proponents of smoking bans are being dishonest when they cite health risks as the primary reason for their busybody efforts. The excitement of a good political fight is why they persist. With a villain as vile and unpopular as big tobacco, they cannot resist the opporunity to impose another of their personal preferences on others. It's all about the exercise of raw political power, not concern for the poor cancer victims.
If I walked into a restaurant and couldn't escape the smell of smoke, I would be inclined to leave, not because I'm afraid I'll acquire lung cancer but because I don't like the odor in the air or in my clothes. The fact is I've NEVER had to leave a restaurant for this reason. Restaurants have listened to the voices of their customers and have provided non-smoking sections.
If I worked at a restaurant and couldn't escape the smell of smoke, I would avoid working at that restaurant much like I avoid working at a veal farm. The freedom to breathe already exists if only we dare to use it.
Posted by: Michael Matuszak at January 31, 2005 04:13 AMContrary to clamor over a state-wide smoking ban as a “public” health issue, it is much more than that. Three limited government individual liberty issues are at stake. (http://craigwestover.blogspot.com/2005/01/house-committee-passes-butt-on-smoking.html)
1) A neutral definition of “public” health than defines when government intervention is necessary.
2) A decision on whether or not state government is the correct level of government at which to micromanage local economic and cultural issues.
3) A decision whether natural autonomous individual rights trump government granted preferential civil rights.
Although these issues are independent of science related to secondhand smoke, an excellent debunking of secondhand smoke research by a retired enviornmental consultant can be found here -- http://craigwestover.blogspot.com/2005/01/other-side-of-secondhand-smoke-science.html
"Freedom to Breathe". Nice.
Is this bill really about the employees? Or is it about the public in general? If they're really trying to convince us that it's to protect employees, are they also going to outlaw smoking in private homes in which the owners employ nannies or housekeepers? What about plumbers and carpet cleaners and electricians and cable guys and chimney sweeps and painters? Aren't they entitled to the "freedom to breathe"? If we can tell a person he can't smoke in his own restaurant, what's to stop us from telling him he can't smoke in his house if he's paying someone to work there?
Pawlenty has stated that he will sign this bill and it seems as though a major reason for his support is that his daughter has asthma. So, which daughter is it that works in a restaurant or bar? Is it the 11-year-old or the 7-year-old?
Posted by: Kate at February 1, 2005 03:15 AMI'm not a smoker. In fact, it is difficult for me to be around smokers as I have asthma and allergies. However, I find this bill incredibly stupid and the arguments behind it even more stupid. Think about it. They're trying to ban smoking in bars, restaurants and private clubs because smoking is a health risk, but then, so is drinking alcohol, which will still be allowed in these places. It's moronic. Some might argue, "But people don't die from second-hand drinking!" True, but then people do die from DUI drivers. If city councels and state legislatures are going to ban one thing as a health risk, then they need to be consitant and ban all health risks.
Posted by: Jinx McHue at February 1, 2005 06:10 AMAll:
As you might have seen in the StarTribune's West Metro section today, there ARE city councils that have not completely lost their collective minds in this smoking ban issue.
I will continue to defend the rights of private property owners to determine whether or not they allow smoking on THEIR PRIVATE PROPERTY. Further, business owners do NOT need Big Government making decisions for them, that THEY can decide and enact in 60 seconds.
Unfortunately, 2 of Hennepin County's commissioners (Randy Johnson and Linda Koblick) made the decision to stomp all over the local jurisdictions and enact a ban. The next time either one of these clods opens their mouths and spews ANYTHING about supporting limited government, private property rights, or unfunded mandates....all you have to do is remind them how their smoking ban subverted EVERY one of those principles.
I am proud of my vote and my stand on this issue and no number of anti-smoking zealots are going to make me subvert the private property rights that our nation cherishes.
Dave Osmek
Mound City Councilman
I find the arguments on this topic interesting. The conservative party is out there promoting the rights of property holders and individuals over smoking. Yet they jump on the pulpit and try to tell the rest of us that what we do to our bodies (i.e. abortion, sexual orientation) is the right of the government not of the individual. The arguments I read on these comments should be the same filter for government involvement on all property/individual rights or not used at all.
I will not comment on the smoking ban issue, because several others have posted very cogent arguments against it here. I could add nothing of substance to the discussion. I would like to respond to Offtopics criticisms of conservatives, which I do not consider well-founded. Offtopic alleges that conservatives "try to tell the rest of us that what we do to our bodies (i.e. abortion, sexual orientation) is the right of the government not of the individual".
The examples cited to support the argument simply do not hold water. The canard of abortion being a simple matter of a woman 'controlling her body' is disengenuous and tiresome. Abortion is rather a procedure in which the body of ANOTHER is affected, and more precisely made unviable as a living entity. Nascent human life that if left unmolested would mature and take a place in the world is instead mechanically or chemically extinguished. Protecting the rights of unborn to live has little to do with the bodies of the mothers, regardless of where you weigh in on the issue of abortion legality, prevalence and government sanction.
As far as sexual orientation goes, I don't know of a single conservative who has gone on record advising or coercing anyone regarding their sexual orientation. This statement is honestly baffling. I can only surmise that Offtopic is, well offtopic in this remark, and awkwardly conflating the issue of same-sex marriage and sexual preference per se. Marriage itself is in fact a public and not a private affair. Given that fact, it is perfectly within the purview of individuals to question the redefinition of marriage, which has served as the bedrock undergirdment of society and the family for millenia. Perfectly germain topic for government consideration I would think. But again, no conservative wishes anything other than happiness and freedom for people of any sexual orientation. Controlling personal behavior that does not affect others is out of the question. Hence the objections to 'smoking bans'.
What really irks me is the fact that these anti-smoking activists whine about smokers costing taxpayers money, while our tax dollars are being spent by organizations such as MADD and Minnesotans for Smoking Bans for issues which are "no-brainers" as pointed out by others on this thread.
I attended the meeting by the capital for the state-wide smoking ban a couple of weeks back and someone named Pat McCone spoke in favor of a smoking ban and said something like this:
"I just want to say that we are organized and if this bill does not pass, we will be back and will not be stopped."
It was the same kind of statement Senator Joe McCarthy would have made back in the 50's when he claimed communists had infiltrated the U.S. government. As he gained noteriety, hysteria, over something which was later proven false, ensued.
At least I can excuse Senator McCarthy since he was from Wisconsin, but this McCone idiot is from Minnesota.
After hearing Pat McCone speak, I suddenly had a vision of flags with swastickas on them flapping in the breeze as horrible teutonic orchestra music played in the background while hundreds of people who did not drink, smoke, eat sugar, have pre-marital sex and were on the Atkins diet marched down the street en-masse.
The only difference between my vision and 1930's - 1940's Germany was all races, colors, creeds and sexual orientations were represented.
Is this a sign of the future or did someone drop a hit of acid in my Diet-Coke?
People like McCone make up completely false stats and shove them down the public's throats and most people will not take the time to find out that what they're hearing is a bunch of B.S.
It's like Hitler's public relations man said, "If you tell a lie long enough, it becomes truth."
It's the exact same tactic these activists use.
Nice to see that fascism still lives on, hopefully people will wise up and put a stop to the few who want dictate how everyone else lives.
As far as the whole Democrat/Republican thing, am I the only one that thinks choosing one over the other is putting limitations on yourself?
Not to mention the fact that both parties stink.
Posted by: Torquemeda at March 15, 2005 10:55 AMI am a non-smoker and always have been. Yet, I find smoking bans stifle freedom. As a libertarian, I favor individual liberty, free markets, private property and personal responsibility. Smoking bans trample on all these values. I am pro-choice on smoking. Let the establishment owner decide if there is smoking in the bar or restaurant or nightclub.
For help in combatting smoking bans: www.cafepress.com/extinguishbans
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