... and they drag you right back in......

Didn't we do this a while ago?  For some reason those of you that agree with the ban 
still have no understanding of private property.  Simply because an establishment 
opens it's doors to the public, does not mean that you give up all of your rights as a 
property owner.  If I have a party can you tell me I cannot smoke?  How then is it 
considered just to tell me that in a restaurant I own I cannot allow smoking?  
Consider the word, JUST.  As in Justice.  I don't know what the constitutions of New 
Mexico or Florida look like, however I am sure that the original authors did not 
intend for it to be abused in such a manner.  I mean look into history.  These were 
people to whom property and privacy were everything.  Liaise Faire economics, and the 
prohibition of government intrusion into business were some of the ideas that this 
nation were founded upon.  Remember that most of the men that lead this nation were 
businessmen first, and soldiers and statesmen second.  Ben B (where is he lately?) 
spoke of the restaurant industry suffering in California under these laws, others in 
New York spoke of the same.  I even remember on person beseeching us to assist a 
business owner who could no longer afford to run their non-smoking restaurant.

Listen there are several different issues at play here.  From my point of view it's 
primarily a private property issue.  None of us should have the right to tell a person 
what they MUST do and MUST NOT do on their own land.  You do not have a right to eat 
at any restaurant at all.  If you look many have signs that say they reserve the right 
to refuse to serve anyone.  You are in a private establishment, not a public property. 
 This is not the sidewalk, or a public park.  The government doesn't own this 
property, an individual or company does.  As such they should be able to make what 
rules they decide, without government interference.  Someone mentioned why we need 
speed limits, or a health code.  In my eyes both are truly unnecessary.  They make 
people less responsible for their own actions, they allow you to give up control to 
the government.

Again, I think this debate is merely a side issue, a symptom, to the larger issue.  
Does government drive it's power from the people, or does it enforce it's will over 
the people?  I see us moving more and more towards the second statement.  It scares me.

Tim
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