Your argument for "clarity" fails because nearly EVERY ordinance passed
by the city of Minneapolis (or any legislative authority for that
matter) "limits choices"!  Parking restrictions "limit my choices"; leaf
burning restrictions "limit my choices"; waste disposal restrictions
"limit my choices"; zoning restrictions "limit my choices" and so forth
and so forth but you get the point I think. 

Restaurants and bars are licensed by the city of Minneapolis which
places conditions and restrictions on those licenses.  Mostly those
restrictions and conditions are designed to protect public safety or
public health. The smoking ban was enacted only after persuasive
evidence that the effects of second hand smoking on non-smokers merited
action based on a public health issue of considerable consequence.  

Thankfully, the courts and lawmakers have recognized that public
accommodations - like bars and restaurants - must in fact be public!
That means that they must accommodate ordinances to protect the health
and safety of the public who wish to patronize them.  That includes
people who do not smoke.  

There has not been any activity to ban smoking in Minneapolis (or
Minnesota).  There is no public support for such a move and it is
questionable if such an ordinance could pass legal muster and would
certainly be near impossible to enforce.  Given the experiment with
Prohibition in the 20's, and the widespread abuse of illegal substances
like marijuana, banning tobacco is not likely to eliminate its use.  So,
like alcohol, like gaming, lawmakers have decided that if people want it
then they will be taxed for doing it!  In fact, there are some who
advocate legalizing marijuana and prostitution not because those are
"wholesome" or "healthy" activities but because they could be taxed if
legal!  

Jim Bernstein
Fulton

-----Original Message-----
From: Michael Thompson [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, April 05, 2005 6:30 AM
To: Jim Bernstein; 'Andy Driscoll'; 'Minneapolis Issues'; 'St. Paul
Discuss'
Subject: Re: [Mpls] Re: Smoking ban: Night One

One more time for clarity: the smoking ban limits choices. It takes
choice
away. Before the ban everybody had a choice to patronize businesses
based on
their comfort with the smoke there. Businesses had a choice to run a
smoking
or non-smoking establishment. A business could choose to let the market
dictate the smoking environment in their establishment. And all of us
could
make an informed choice whether or not we patronized such
establishments.

Now there is no more choice. Nobody has a choice.... patrons or
business.
Smoking ban advocates trumpet this as some sort of victory...... but
it's
not, even for them. Winning the battle may feel really great now, but
losing
the freedom to make ones own choices (especially choices one doesn't
like to
make) will eventually lead to a lost war. For all of us. Like it or not,
everyone had choices before the ban. If you didn't like smoky bars, you
could stay out of them. If you wanted a heater with your beer, you
stayed
out of the smoke-free establishments. Now there are no more choices.
That
simply is not good overall for all of us.

As for the mental gymnastics our legislators play: you really need to
pay
attention. It's not all about regulation. They are taking HUGE amounts
of
tax money from a product that they are trying to ban because it's
sooooooo
bad and sooooo evil and is promoted by "BIG tobacco". If the product is
so
damn evil, ban it!!!! Please!!! Legislators are as addicted to tobacco
revenue as smokers are to the leaf, and they talk out of both sides of
their
mouth concerning the substance. Smoking may be a "vice" that they
believe
they have a right to regulate, though they sure make a hell of a lot of
money on it.

Mike Thompson
Windom


----- Original Message ----- 
From: "Jim Bernstein" <[EMAIL PROTECTED]>
To: "'Michael Thompson'" <[EMAIL PROTECTED]>; "'Andy Driscoll'"
<[EMAIL PROTECTED]>; "'Minneapolis Issues'" <[email protected]>;
"'St.
Paul Discuss'" <[email protected]>
Sent: Tuesday, April 05, 2005 2:34 AM
Subject: RE: [Mpls] Re: Smoking ban: Night One


> No "situational mental gymnastics" are required!  Smoking - like
alcohol
> and gaming - is a regulated "vice" that is both tolerated and taxed.
> Smoking - like consuming alcohol and gaming - is not banned but rather
> limited to specific places and forbidden in others.
>
> Smoking in a public accommodation is not a right subject to ones
> "choice"; never has been.  The problem with smoking is the residue(the
> smoke)which imposes a well defined, potentially hazardous situation on
> other people who wish to enjoy that same public accommodation but who
> choose not smoke.
>
> Prohibiting smoking in bars and restaurants does not limit ones
"freedom
> of choice" any more than driving, drinking, hunting, or having sex.
All
> of those are legal activities but citizens(as government)impose some
> limits on where you can do them.
>
> Jim Bernstein
> Fulton
>
>
> ---------------------------------------------
> And what about the hypocricy of the city council and state legislators
> who
> take in millions of dollars (in the form of tax revenues) from a
product
> they are publically admitting is a health hazard and are banning
> (despite
> it's legality). That type of situational mental gymnastics should make
> all
> of us queasy.
>
> I've read the entire thread about "Smoking ban: Night One". The
smoking
> ban
> proponents were going to paint whatever rosy picture they needed to
make
> the
> first night sound like the greatest thing since hot water. I have no
> doubt
> the atmosphere everywhere was different. But an n of one means exactly
> squat. Even if the smoking ban is a resounding success the far greater
> damage done is to everyone's freedom to make a choice. Voluntarily
> abdicating one's freedom to make a decision does exponentially more
> damage
> to all of us than second-hand smoke will ever do.
>
> Mike Thompson
> Windom
>
>
>
> -- 
> No virus found in this outgoing message.
> Checked by AVG Anti-Virus.
> Version: 7.0.308 / Virus Database: 266.9.1 - Release Date: 4/1/2005
>
>
>
>



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