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Snuffing Out Property Rights PDF Print E-mail
by Paul Perry    Sun, Aug 31, 2008, 11:47 PM

Those who care about us more than we care about ourselves are at it again. It appears that some members of the Dallas City Council want to further their citywide smoking ban, which already includes most restaurants, to engulf bars and even tobacco shops. A few in the state legislature want to start a statewide ban. Yes, it appears those who are psychotically driven to trespass into the lives of others want to give smoking establishments a big, dysfunctional hug.

A few years ago in Dallas, a friend of mine spent over six thousand dollars for ventilation in a small restaurant that he designed to serve the cigar dinner market. For those of you who are shocked that there is such a thing, let me explain. It happens that right here in the land of the free and the home of the brave, some folks actually like to enjoy fine, often expensive dining in a private venue, while enjoying their favorite cigar. That is now a crime in Dallas and many other places. It doesn’t matter if the restaurant was engineered to serve the smoking trade or is totally separate from the non-smoking public.

This new holy war seeks to cleanse society of bars that permit smoking, as well as tobacco shops. Just in time for the recession, the leading lights of political correctness are going to slow down the trade in tobacco shops and taverns that allow one to spend money on their favorite minor pleasures. In the Land of Everything Is Up for a Vote, a bunch of screeching busybodies can’t keep their noses out of other peoples’ business and are trying to force their will on others who are peacefully assembled and spending their money on something they enjoy in a privately owned establishment.

I can hear the chorus. It goes something like this: "But smoking is baaaaad for you; therefore, we need to stop it." What many in that chorus mean is: "I don’t care if the majority of restaurants are smoke-free, I will not be happy until I shove my way into everyone’s business and to heck with your personal and property rights, unless you want to kill a person in-vitro or drink soft drinks until you bloat up and crush bystanders or merely want to nanny and gripe your fellow citizens to death."

Many do-gooders point to the health risks that no doubt accompany smoking, especially cigarette smoking. Well, if we are going to try to limit cigarette smoking by forcing our will on our neighbors by government mandate, how long is it going to be before we limit by some legal statute soft drink consumption? How long before we mandate a certain number of hours of exercise per week? All might be good for our citizens’ physical lives, but does anyone ever consider that our government was predicated on private property rights and the right of each and every citizen to pursue their own happiness? I think if you don’t want to fire one up, you at least need to chill out.

The most virulent anti-smoker – and vegetarian, for that matter – in human history was Adolph Hitler. That would make him the original anti-smoking Nazi. He probably died of a gunshot wound – maybe self inflicted – at the age of 56. His arch nemesis Winston Churchill, a heavy cigar smoker and drinker, died in 1965 at the age of 90. Was Churchill’s lifespan a product of his smoking and drinking? Probably not, but he lived to be 90 without having to give up his cigar. No doubt Churchill would have looked upon our busybody anti-property rights activists with complete and utter disdain. Where is our perspective?

Others in the activist crowd want to point out that since smokers are on average more subject to various diseases that they have the right to circumvent smokers’ property rights and peace and quiet because there is such a cost to society. That argument has been all but abandoned in light of recent studies. While smokers generally die a few years younger on average, the fact is most pass on after the age which the great majority of us contribute meaningful tax revenue to social insurance such as Medicare and Social Security. Ghoulish though that analysis might be, the fact is that most smokers cost taxpayers less than most non-smokers during an average lifetime when it comes to all social insurance, especially if you also factor in the cost of additional Social Security payments that go to longer-lived non-smokers.

It used to be that most adults understood that one had certain latitude in their private pleasures, even vices. Bluntly, we are a nation that allows hang-gliding, helmet-free motorcycle riding, bungee jumping, and extreme skiing. We should not challenge those who wish to socialize and smoke.

After all, there are plenty of smoke-free environments. The market demands them. Some folks have medical conditions that make that necessary, and I also support any private property owner, such as a restaurant owner, who wish to operate smoke-free. The market also demands a few smoking environments. Leave them alone.

Paul D. Perry


 

A few years ago in Dallas, a friend of mine spent over six thousand dollars for ventilation in a small restaurant that he designed to serve the cigar dinner market. For those of you who are shocked that there is such a thing, let me explain. It happens that right here in the land of the free and the home of the brave, some folks actually like to enjoy fine, often expensive dining in a private venue, while enjoying their favorite cigar. That is now a crime in Dallas and many other places. It doesn't matter if the restaurant was engineered to serve the smoking trade or is totally separate from the non-smoking public.

This new holy war seeks to cleanse society of bars that permit smoking, as well as tobacco shops. Just in time for the recession, the leading lights of political correctness are going to slow down the trade in tobacco shops and taverns that allow one to spend money on their favorite minor pleasures. In the Land of Everything Is Up for a Vote, a bunch of screeching busybodies can't keep their noses out of other peoples' business and are trying to force their will on others who are peacefully assembled and spending their money on something they enjoy in a privately owned establishment.

I can hear the chorus. It goes something like this: "But smoking is baaaaad for you; therefore, we need to stop it." What many in that chorus mean is: "I don't care if the majority of restaurants are smoke-free, I will not be happy until I shove my way into everyone's business and to heck with your personal and property rights, unless you want to kill a person in-vitro or drink soft drinks until you bloat up and crush bystanders or merely want to nanny and gripe your fellow citizens to death."

Many do-gooders point to the health risks that no doubt accompany smoking, especially cigarette smoking. Well, if we are going to try to limit cigarette smoking by forcing our will on our neighbors by government mandate, how long is it going to be before we limit by some legal statute soft drink consumption? How long before we mandate a certain number of hours of exercise per week? All might be good for our citizens' physical lives, but does anyone ever consider that our government was predicated on private property rights and the right of each and every citizen to pursue their own happiness? I think if you don't want to fire one up, you at least need to chill out.

The most virulent smoker - and vegetarian, for that matter - in human history was Adolph Hitler. That would make him the original anti-smoking Nazi. He probably died of a gunshot wound - maybe self inflicted - at the age of 56. His arch nemesis Winston Churchill, a heavy cigar smoker and drinker, died in 1965 at the age of 90. Was Churchill's lifespan a product of his smoking and drinking? Probably not, but he lived to be 90 without having to give up his cigar. No doubt Churchill would have looked upon our busybody anti-property rights activists with complete and utter disdain. Where is our perspective?

Others in the activist crowd want to point out that since smokers are on average more subject to various diseases that they have the right to circumvent smokers' property rights and peace and quiet because there is such a cost to society. That argument has been all but abandoned in light of recent studies. While smokers generally die a few years younger on average, the fact is most pass on after the age which the great majority of us contribute meaningful tax revenue to social insurance such as Medicare and Social Security. Ghoulish though that analysis might be, the fact is that most smokers cost taxpayers less than most non-smokers during an average lifetime when it comes to all social insurance, especially if you also factor in the cost of additional Social Security payments that go to longer-lived non-smokers.

It used to be that most adults understood that one had certain latitude in their private pleasures, even vices. Bluntly, we are a nation that allows hang-gliding, helmet-free motorcycle riding, bungee jumping, and extreme skiing. We should not challenge those who wish to socialize and smoke.

After all, there are plenty of smoke-free environments. The market demands them. Some folks have medical conditions that make that necessary, and I also support any private property owner, such as a restaurant owner, who wish to operate smoke-free. The market also demands a few smoking environments. Leave them alone.

Comments (4)add comment
...
written by On Target , September 03, 2008

Parts of this article have been posted twice. Who is managing this site??????


...
written by Boo , September 06, 2008

Paul: I will not lie. I only skimmed your article. What I saw though I can not agree with more. The march of the anti-smoking groups to try to control what happens on private property is saddening. That they keep on winning is quite frightening. I am a former smoker myself, and to be honest since I have quit smoking I have come to loathe smoking not only because of it's health hazards but because it truly is addictive. That being said I knew what I was getting into when I started smoking, and so did anyone who smokes under the age of 60 in this day and age. This nanny stating nonsense that tells property owners how they should manage their business. If there is a market for non smoking bars non smoking bars will be opened. Apparently there is not, and attempting to control free markets via legislation is just plain stupid.

That being said. Your attempt to claim that smoking does not lead to a shorter life span is blatantly misleading. While it is true that smoking usually does not shorten one's life span smoking does make the final years of ones life of seriously lower quality. Having seen several people die of lung cancer slowly I can attest to that.

Now then. My rant about how being killed by cigarettes sucks should be qualified with the fact that I stopped half way through to get a fresh beer. Which will probably one day lead to me having liver cancer. If things like cigarettes, beer, and various other things used in moderation make your quality years better and your twilight years worse there should be no shame in that. That nanny stating nut jobs keep trying to prevent us from having a bit of fun before we die is a good example of how democracy some times go awry to be run by shrill, tea totally non smoking puritanical types.

P.S. I wont drink at a bar the wo'nt let me smoke my occasional cigar. I really hope that that bar of Dallas remain cigar/cigarette smoker friendly.



...
written by Paul , September 08, 2008

Boo,

Thanks for comments however...

Next time do me the honor of doing more than "skimming" before you make comments about what I wrote.From my article:

"Many do-gooders point to the health risks that no doubt accompany smoking, especially cigarette smoking."

also: "While smokers generally die a few years younger on average, the fact is most pass on after the age which the great majority of us contribute meaningful tax revenue to social insurance such as Medicare and Social Security. "



...
written by Jarrod R Atkinson , September 09, 2008

Personally, I think that our city council should have the ability to limit smoking in the City of Dallas. If they want to kill bars, then let them suffer the consequences, i.e. lower tax revenue and lower economic development. However, I think that the State should stay out of it. We, as citizens of Dallas, should be able to pass ordinances as we see fit (within the limits of the Constitution, of course). I whole-heartedly disagree with any measure that seeks to infringe upon the property rights of a business, but, at the very least, we have a significant say in what the city council does because it's a local group.
As a non-smoker, I prefer to avoid bars and restaurants that have improper ventilation. One establishment in particular on Henderson has VERY poor ventilation, so I do not go there. There are other smoking-friendly establishments in the neighborhood that I do enjoy, but that location on Capital will not receive my business again.
As someone who just returned from a visit to a non-smoking establishment, I appreciate not smelling like smoke, but that's my decision, not the city council's and certainly not the state government's.




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