I'd like to apologize in advance for repeating some 
old arguments, but I think that they're important 
and are either being sidestepped or ignored.

Andy Driscoll wrote:

> This focus on rights and privileges vs. public health is 
> getting very old.

Well the debate on rights vs. government intrusion is 
very old, more than two hundred and fifty years in this 
country.  What would Americans of the 16th century have
thought if the British had tried to ban the public use of 
tobacco when they were so irritated by the price of tea?

> We regulate all sorts of behavior to protect the public 
> health, behavior that many see as their inalienable right 
> - personal or commercial, but that has not stopped wise 
> policymakers elsewhere from seeing the larger picture,
> let alone their official responsibility. It is what the 
> public interest is about.

It's true that our government has regulated all kinds
of behavior. Some of these restrictions have unjustly 
prohibited or legitimatized various practices: slavery, 
women's suffrage, interracial marriage, intra-gender 
marriage...etc, etc, etc.

Many of these issues could be addressed more equitable
if the Framers had maintained the belief expressed
in the Declaration that all individuals are endowed with 
the unalienable Rights of Life, Liberty and the 
pursuit of Happiness.

I don't think that we need an Amendment "banning" gay marriage;  
I think that we need an Amendment protecting personal decisions 
related to Life, Liberty, and the pursuit of Happiness. 
  
> Smoking, though legal, is NOT an inalienable right, 
> especially when, like drunk driving, it's a choice that 
> harms others.

I would argue that smoking which doesn't impact other
people is an inalienable right as stated in the Declaration.
I believe that consenting adults should be able to gather
together in public places and smoke (or whatever) as long as 
it doesn't impact others who are not forced to be in their 
presence. I will readily admit that such a right does not 
currently exist, but there are also currently laws in Minnesota 
prohibiting sex outside of marriage, adultery, and sodomy.

Interestingly, my position would prohibit smoking on
Nicollet Ave, or outside of doorways, and in any business
that decided that it wanted to prohibit smoking.  It would
permit smoking in rooms designed to limit exposure or in
establishments that are, by declaration, designed to serve 
smokers.

> Stop it now. This discussion about rights and 
> responsibilities is so obvious on its face that all 
> the libertarian and civil rights issues are overwhelmed
> by the public health evidence, whether you wish to believe 
> that evidence or not for your own purposes or agenda.

Excuse me, but what bearing does public health 
have on an adult's decision to partake of a behavior
that has no impact on others?  What moral basis allows
you to restrict the behavior of other adults when that
behavior has no impact on you or anyone else (other than 
consenting adults)?

> Comparing yourself to protected classes of color, religion 
> and sexual orientation strikes me as disingenuous in the extreme.

Although race and sexual orientation may not be choices, religion 
is. It is just as offensive to me to limit other individual choices 
simply because you don't like them or don't understand them.

> I submit that smoke-delivered nicotine should be illegal to consume 
> in the presence of anyone else, including one's own children, but that's 
> an issue for yet another day. 

I actually agree with this statement (if the others are not consenting
adults).

> As to compromise: there is none and should be none. Compromise on this 
> issue is no compromise at all; it is folly. Compromise is merely 
> selectivity by another name and would result in a far more complex system 
> of political favoritism for those seeking exception to the rule.

I would agree that until we provide blanket acceptance for individuals'
personal choices we will have a complex and inconsistent set of laws.

> Again, once the law starts being selective, it's inherently unfair 
> because someone will get the raw end of the deal.

I couldn't agree more with this statement and the ones who will
get the raw end of this deal will be smokers.

> Tobacco is *always* addictive and lethal when used as directed. 
> Nicotine is the most addictive substance on earth, including heroine, 
> opium and cocaine. It's use is predictably lethal with every drag and 
> every breath taken in a room full of it. It usually takes far longer 
> to die from smoking than it does alcohol, which can be immediately 
> lethal when its influence spawns a murder or a DWI fatal accident. 
> But both are deadly.
> 
> I'm recovered and recovering from both.

I can understand the struggle necessary to change certain
behaviors.  I have a great deal of trouble managing my
emotions, but I have been able to eliminate a number of 
addictions from my life.  Personally, I think that relationships
are far more addicting than most substances and can be even more 
deadly and unhealthy. [BTW, I have a foolproof way to quit 
smoking, it just requires two or more obsessively 
honorable people; it's worked for me for thirty years.]   
However...I have little tolerance for people, who because of their 
own weaknesses or their own suffering, need to regulate the 
behavior of others.

I would appreciate it if Mr. Driscoll would explain why
smoking-rooms are not a reasonable compromise.

Michael Atherton
Prospect Park



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