David Brower quips:  "(Remind me to call it "property rights hysteria" the
next time that issue comes up. We can do better than inflammatory rhetoric
here.)"

Vicky responds:  The smoking ban controversy IS a property rights issue.  It
boils down to a conflict between the "Nanny State" and "Private Property
Rights".

To frame the debate, let's start with some facts.

1.  80% of the population does not smoke.  The other 20% paid $247 million
of excise and sales taxes in 2002, plus $363 million in tobacco settlement
payments to Minnesota, for a total of $610 million.

2.  Tobacco is a legal, heavily taxed (and heavily subsidized) product.

3.  The percentage of people who smoke declines each year.

4.  Virtually everyone knows that health risks are associated with tobacco
use.

The left argues:  The 80% majority of the population deserves "victim"
status, thus government protection.

The right argues:  Voluntary acts involving legal products on private
property are none of your business.

If 80% of the population wants smoke-free night clubs and restaurants, many
would exist.  Free markets and profit motives work.  As time goes on, there
will be fewer and fewer smokers; so the problem will solve itself.  In the
meantime, NOTHING prevents the establishment of smoke-free venues.

>From the Illinois Supreme Court:  "It is precisely for the protection of the
minority that constitutional limitations exist.  Majorities need no such
protection.  They can take care of themselves."  Ring V. Board of Education
(1910)

Regulating people out of business is a government "taking" - equivalent to
the abuse of eminent domain powers.  Such acts on the part of government
require "just compensation" to the harmed parties.

The regional solution is to do nothing.  Let free markets and freedom of
choice prevail.

Opinions by Vicky Heller
North Oaks and Cedar-Riverside

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