Prelude: To try and better understand the opinions of
those who support a smoking ban, I am attempting to
distill the differences. If I make any mistakes in my
simplifications, they are not an attempt to twist the
discussion but are an honest error or
misunderstanding. Please respond to them as such.
I believe that the main point of disagreement is who
has the right to decide what goes on in private
businesses:
Those who are on the "no ban" side believe : "Those
who own a business have the right to run it as they
choose. As potential consumers, the public has a
choice to patronize. As potential employees, the
public has a right to apply. In either case, anyone
has a right to try and change the owners' minds, but
they do not have a right to force compliance."
Those who are on the "pro ban" side believe : "Bars
and coffee houses are public resources and people
should have the right to access them or work in them
without being exposed to smoking."
To further simplify, the basic question is: Is a
business fundamentally private or public?
"no ban" : If someone has an idea, buys the property
to make it happen, builds it to their vision, and
invites people to come and experience/consume their
offering, that person has a right to run their
business however they wish. [ see note 1 ]
On the "pro ban" side : By virtue of providing the
infrastructure around a business and permitting the
business to exist, society has a right to place
whatever rules and restrictions they see fit on the
business.
>From what I can tell, most of the other arguments
being put forth on both sides are either emotional
issues or minor side effects. Mainly "It is better
for you" vs. "It is my body" (which I hope no one is
seriously arguing - my body, 'nuff said.) and whether
or not it will improve or damage the economy (which is
minor in comparison with whose rights are being
trodden on - the general public or the business
owners).
Is my understanding as to the basic difference
correct?
If it is, is there a way for a person to create a
private business where they are free to let their
clients smoke, drink, gamble, prance naked, or
whatever? [ see note 2 ]
So I ask: Do I understand the "pro ban" point of view
correctly, and can one create a truly "private"
business?
### side notes and such ...
[ note 1 ] We as a society have decided on basic
assumptions that can be made about a business of a
certain type and expect the business owner to meet
those assumptions. For example, I can assume my burger
does not have glass or excrement in it.
I should note that I'm not entirely comfortable with
all the health requirements that currently exist. For
instance, I should be able to order a raw burger or
steak if I want but the business owner should be
required to be honest about the source and handling of
the meat - or say they don't know if that's the case.
If someone wants to put rat or dog on their menu, I
see no problem with it.
Basically, I believe that as long as they observe two
basic requirements, a business owner should be able to
do as they wish. Those requirements are: 1) They can
not deceive the general public, consumers, or
employees. 2) Their business stops at the edge of
their property - noise, smell, light, etc. that
extends beyond that border is subject to the same
restrictions as any other public space, those
restrictions being set however the local society
chooses, as long as they are not discriminatory.
Licenses that state that a certain base set of
assumptions are being met are just fine with me -
basically a contract between the business owner and
society. Of course, I could probably be persuaded
that they shouldn't have to have a license - just as
long as any potential customers are made aware of that
fact and the potential ramifications.
[ note 2 ] Speaking of unreasonable restrictions on
citizens of Minneapolis (I'm not sure which are state
and which are municipal) Why can't I play cards for
money? Why can't a dance club be open past 3? Why
can't I sell my body for a bit of extra cash? Why
can't I buy a bottle of wine on a Sunday? Frankly, it
feels like it is because I'm surrounded by a bunch of
Christians forcing their morality on me. Don't even
get me started on herbs and fungus - I know that's a
national issue.
Disclosure: It was asked if anyone works for smoking
or anti-smoking lobbies. As stated before, I work in
a nightclub and am a smoker (in the process of trying
to quit - down from a pack a day to a pack a week,
whoo!). My s/o does work for an anti-smoking
organization (paid by tobacco settlement funds) which
is focused on keeping teens from starting to smoke and
helping those who have started quit - an effort I
heartily endorse. Personally, I class "big tobacco"
in the same category I put Coke, Crystal Farms, Kraft,
Pepsi, McDonalds, etc. - business I dislike and avoid
if not outright boycott.
Rejection: I have noted that there is one perspective
that on a superficial level supports the same thing as
I do - "don't ban smoking in bars and clubs in
Minneapolis", but does it for a completely different
reason. They feel that it will have a negative impact
on local businesses so they would rather see the ban
placed on a state level. This to me suggests that if
we as a community are afraid of the consequences of
our decisions, we want to force our desires on other
communities rather than accepting those consequences
as being the cost of what we want. This does not seem
right to me.
Random Note: My downstairs neighbor goes to the Hard
Times specifically to because he likes to smoke and
drink coffee while he writes. Besides liking to be
able to buy cheap but good coffee, there is no smoking
in my building.
Random Thought: If such a ban is enacted, it is going
to get scary at work. 75% of the bouncers and 66% of
the bartenders are going to be having a bad time of
it, not to mention the customers. This is not an
argument for or against the ban, just a bit of
nervousness on the part of one relatively scrawny
bouncer.
Random Fact: It is somewhat amusing (and sad) that
reading, considering, and participating in this
conversation has significantly upped my desire for a
smoke - power of suggestion, I guess.
Random Fact: I started smoking because when I was in
college I wanted to get high but marijuana was illegal
and expensive and I was poor and didn't want to get
busted. Thanks, war on drugs. (Also, being an idiot,
I didn't think cloves had tobacco in them - I thought
that great buzz was coming from clove. Can't blame
Phillip Morris for that one - just dumb old me and a
cute but misinformed goth girlfriend. Incidentally,
my friend from the time who said "screw the law" still
only smokes weed and only on occasion.)
- Jason Goray
Sheridan, NE
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