Jim Bernstein wrote:
When did smoking become a "human right"?  In fact, there is no such
thing as "smokers rights" so lets not elevate this "nasty habit" to the
status of a basic human right!  

Mark Anderson replies:
I always thought that how you lived your own life was your own business.  Rights are 
not a limited number of activities one is allowed to do.  I was taught that people 
have the right to do whatever they wish, as long as it doesn't impugn on the rights of 
someone else.  It's true we seem to have gotten away from that concept; nowadays 
rights seem to consist of only those enumerated in the First Amendment and the 1964 
Civil Rights Act.  Any other activity is fair game to be legislated away anytime the 
political elite decides they don't like it.  I'm not saying here that smokers have 
constitutional or other legal rights.  It is ethical rights I'm referring to.  
Everyone has the right to live their own life.

I know that your response will be that second hand smoke does impugn on the rights of 
others.  But this proposed law is not to allow non-smoking bars to exist; they already 
do.  The law is to ban smoking in all bars, even if everyone in the bar wants to 
smoke.  The law would benefit people who want more choices on where to drink unimpeded 
by smoke, at the expense of those who want to smoke while drinking in a bar 
(anywhere!).  Certainly the anti-smokers have better health on their side, but I don't 
see why that gives them the right to force their choices on everyone.  That way lays 
totalitarianism -- we all need to fit into politically correct boxes.

JB:
The comparison to drinking alcohol doesn't work; there is no pollutant
from that drink that affects the health of anyone else but the drinker.
The idea that restricting smoking is a prelude to banning certain foods
like ice cream is also flawed; one can consume as much ice cream as one
likes without affecting the health of anyone else.  

We do not allow the drinker or the ice cream eater to dispose of the
residue of their activity on the person next to them.  Next time you
indulge, try throwing that drink or a glob of ice cream in the face of
the person sitting next to you or at the next table over.  I suspect
that the reaction of the recipient will be . . . impolite?  Yet
non-smokers who do not wish to consume tobacco smoke are required to
suffer or leave.  

MA:
Statistically speaking, drinking of alcohol will result in more assaults on fellow bar 
patrons, not to speak of the bad effects once they leave the bar, such as increased 
spousal abuse and car accidents.  Those who don't want to take that risk must suffer 
or leave.  Even ice cream will affect others unfavorably, as fat people take up more 
room in buses and planes, as well as cause an increase in medical expenses.  I'm sure 
all these arguments will be used in the future to eat away at our rights to consume 
what we want.  But as long as the smoking ban doesn't harm you, what the heck, let's 
limit some one else's activity, right?  The principle that the community can (and 
should) take away people's rights because an activity MIGHT occasionally hurt an 
innocent really scares me.  Go ahead and tell me why we shouldn't completely ban 
cigarettes, alcohol, sugar, pain medication, professional sports, and traveling for 
pleasure, based on the principle that the community has the obligation to save us from 
any activities that could affect a third party.

JB:
The argument that people who work in places where smoking occurs should
not be protected because they are not "forced to work there" is no
argument at all.  Most places of business whether they are mines,
airplanes, factories, breweries, offices, schools, or farms have rules
in place to protect the workers in those places.  No one is forced to
work there either, but common sense has prevailed and we do our best to
protect the people who work there and use those services.  

MA:
Poor analogies.  Banning smoking in bars is more analogous to laws that would force 
cars at NASCAR to slow down because it endangers the drivers and other workers on the 
racetrack.  Or force guides of mountain climbers or rapids jumpers to do all their 
guiding as simulations on the computer, because falling off the mountain or drowning 
in the river is a risk to those workers.  I hope I'm not giving you more ideas for 
legislation.

I think few people would favor such laws because everyone has the right to risk life 
and limb as long as they do it voluntarily.  And the workers involved are part of the 
whole process -- they too have become voluntarily involved in the activity, probably 
because they are thrill seekers also.  I think the same process works for bar workers. 
 There is a whole culture of people that are highly involved with drinking and 
visiting bars.  The vast majority of bar workers are part of that culture, and so have 
voluntarily agreed to make their living in such an environment.  

Mark V Anderson
Bancroft Neighborhood
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