Michael Atherton had written:

> At most, your argument would require the isolation of smokers,
> not the prohibition of smoking.  As I have pointed out many
> times previously: Vancouver, B.C. has required the construction
> of smoking rooms by bars that want to allow patrons to smoke.
> These smoking rooms protect public health.  Other than satisfying
> your own sense of morality, what further objectives does a ban 
> provide for? 

Jim Bernstein responded:
 
> Because restaurants and bars are public spaces!  For the 
> umpteenth time, bars and restaurants are licensed facilities 
> in Minneapolis; they have to conform to public health standards 
> which are established by the city. The owner does not have the 
> authority to determine which public health standards he/she wishes 
> to abide by!

Mark Snyder pondered:

> Aside from that, I'm kind of curious what "slight modifications" 
> could be made to Jim's argument that would justify banning dancing, 
> music, art, sports or driving.

Generally, governments feel the necessity of providing a justification
for the imposition of force on individuals.  Throughout history
they have provided a variety of justifications: spiritual purity,
moral turpitude, and so on.  Although such rationalizations may
seem innocuous enough to us in the 21st century, they have been 
used to justify all types of atrocities in the past.  Today, 
rather than salvaging the souls or the morality of our fellow citizens, 
we justify our impositions on them in the name of public health.

Although not quite as open to interpretation as spiritual purity
or moral turpitude, public health, if liberally interpreted
(no pun intended), can be used to ban any number of activities
that involve what we normally consider to be acceptable risks.  
Professional sports for instance.  There is a non-zero probability 
that you can be seriously injured or killed while attending any 
number of sporting events, from foul balls at Twins games to 
crashes at stock car races.  We could ban any number of personal
sports because of risks to participants or bystanders: rock climbing,
sky diving, bicycling, etc.  A number of years ago there was 
serious discussion about banning slam dancing as a public health 
hazard.  The hegemony of morality into the realm of public
health is exemplified by the redefining of the physical abuse of
women as a public health epidemic (for some reason the physical
abuse of men doesn't qualify).

> This is issue is not and has never been about "rights".  It is a very
> simple question about whether or not second hand tobacco smoke in
> enclosed places poses a hazard to people. If such a hazard 
> exists, then communities are free to take action to eliminate or 
> at least minimize the hazard.  

Right-wing "breath" squads are not dragging people from their
homes and imprisoning them in smoky bars and restaurants. People
go to these places by choice. There is no such thing as stealth
cigarette smoke which injures people unawares (cigarette smoke
stinks). People make knowledgeable and often stupid choices.  
It's their right or it damn well should be.  So this issue IS 
really about "rights" and always has been. Maybe it's not about 
specific legal rights, but it is about the moral right of 
self-determination and individual choice.  Social pressure 
and customer preference have been pervasive factors in the
reduction of exposure to cigarette smoke in restaurants.  They
can continue to be.  There is no need for the imposition of
blanket legal prohibitions.

> The evidence from myriad studies done about this issue is 
> compelling and persuasive to virtually every public health professional
> and agency in the U.S.  Communities therefore, are responding and
> implementing ordinances and laws to protect the public by eliminating
> second hand smoke in public places - including bars and restaurants.

There is a myriad of studies about skin cancer that are compelling 
and persuasive to virtually every public health professional and agency 
in the U.S.: sunshine is a public health hazard. Yet, you are not
advocating the imposition of burkas or sunscreen.

Bottom line: I think that adults should be able to gather in public 
spaces and partake in pursuits that you and the society may
find dangerous or offensive, as long as they don't impact other people 
against their will. You don't.

Michael Atherton
Prospect Park






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