Voice For Liberty

Tag: Smoking bans

  • Let property rights rule Wichita smoking decisions

    A system of absolute respect for private property rights is the best way to handle smoking, as it is with all issues. The owners of bars and restaurants have, and should continue to have, the absolute right to permit or deny smoking on their property.

    Not everyone agrees with this simple truth. Charlie Claycomb, co-chair of the Tobacco Free Wichita coalition, asks in The Wichita Eagle why clean air is not a right when smoking is a right. The answer is that both clean air and smoking are rights that people may enjoy, as they wish, on their own property. When on the property of others, you may enjoy the rights that the property owner has decided on.

    It’s not like the supposed right to breathe clean air while dining or drinking on someone else’s property is being violated surreptitiously. Most people can quickly sense upon entering a bar or restaurant whether people are smoking. If you do not want to be around cigarette smoke, all you have to do is leave. That’s what I do. It is that simple. No government regulation is needed: just leave. If you wish, tell the manager or owner why you are leaving. That may persuade the owner of the property to make a decision in your favor.

    Employees may make the same decision. There are plenty of smoke-free places for people to work if they don’t want to be around smoke.

    Some think that if they leave a restaurant or bar because it is smoky, then they have lost their “right” to be in that establishment. But no one has an absolute right to be on someone else’s private property, much less to be on that property under conditions that they — not the property owner — dictate.

    Property rights, then, are the way to solve disputes over smoking vs. clean air in a way that respects individual freedom and liberty. Under property rights, owners will decide to allow or prohibit smoking as they best see fit, to meet the needs of their current customers, or the customers they want to attract.

    A property rights-based system is greatly preferable to government mandate. Without property rights, decisions are made for spurious reasons. For example, debate often includes statements such as “I’m a non-smoker and I think that …” or “I’m a smoker and …” These statements presuppose that the personal habits or preferences of the speaker make their argument persuasive.

    Decision-making based on personal characteristics, preferences, or group-membership happens often in politics. Wichita City Council member Jim Skelton, evidently once a smoker and opposed to smoking bans, is now receptive to bans since he quit smoking. Mr. Skelton, I ask you for this courtesy: would you please publish a list of the things you now take pleasure in, so that if you decide to quit them in the future, I shall have time to prepare myself for their banning?

    Lack of respect for property rights allows decisions to be made by people other than the owners of the property. In the case of a smoking ban, the decision can severely harm the value of property like bars or restaurants that caters to smokers. This matters little to smoking ban supporters like Wichita Vice Mayor Sharon Fearey. But we should not be surprised, as her record indicates she has little respect for private property.

    By respecting property rights, we can have smoking and non-smoking establishments. Property owners will decide what is in their own and their customers’ interests. Both groups, smokers and nonsmokers, can have what they want. With a government mandate, one group wins at the expense of the rights of many others.

  • No more smoking laws, please

    There is no doubt in my mind that smoking cigarettes and breathing secondhand smoke are harmful to health. If a young person asked my advice as to whether to smoke cigarettes, I would strongly urge them to avoid smoking.

    But it doesn’t follow that we should have laws against smoking, or laws that govern how businesses such as bars and restaurants must accommodate smokers and non-smokers.

    Smoking is (and should continue to be) a legal activity. It seems unlikely to me that there are adults who are not familiar with the data about the risks of smoking, and they are entitled to make up their own minds as to whether to smoke.

    In a similar fashion, business owners should be able to allow smoking or not, as they judge best serves the interests of their customers. Already many restaurants have judged that their customers prefer no smoking at all. That decision may drive off smoking customers, but that’s the business owner’s decision to make.

    Some businesses allow smoking, presumably because the owners decide it is in their best interests to allow smoking. If their customers tell them otherwise or if customers stay away, the business owner has a powerful incentive to change the smoking policy, either to ban it entirely, or to create a more effective barrier between smokers and non-smokers.

    People, through their free selection of where they choose to spend their dollars, will let bar and restaurant owners know their preferences. After some time we will have the optimal mix of smoking and non-smoking establishments based on what people actually do, not what politicians think they should do. Isn’t that better than using the heavy hand of government to force change?

    I believe that markets, if left to their own mechanism, would serve to reduce smoking. Already smokers pay more for life insurance. If it is true that smokers have more costly health problems than non-smokers, why not let health insurance be priced separately for smokers and non-smokers?

    Or, when renting an apartment, a landlord could charge smokers more to compensate for the higher risk of fire and the extra cleanup costs when the renters leave.

  • Let free markets, not laws, regulate smoking

    Today, in the town of Hutchinson, Kansas, an indoor smoking ban takes effect. I hope Wichita does not pass the same law. I believe the evidence that shows smoking is tremendously harmful to the health of the smoker, and also dangerous to those around the smoker. Personally, I don’t care to be around smokers and I take measures to avoid places where I will be exposed to cigarette smoke. So shouldn’t I favor a smoking ban in Wichita?

    We should let free markets instead of the government decide whether there will be smoking in places like restaurants and bars. In this way, people will be able to smoke or avoid smoke as they see fit. If restaurant owners sense non-smokers don’t like eating in smoky restaurants, they can either eliminate smoking (at the risk of losing smoking customers), or they can build effective separation between smoking and non-smoking sections of the restaurant. Or, if they choose to cater to smokers, they can create all-smoking section establishments. The choice is theirs.

    People, through their free selection of where they choose to spend their dollars, will let bar and restaurant owners know their preferences. After some time we will have the optimal mix of smoking and non-smoking establishments based on what people actually do, not what politicians think they should do. Isn’t that a better way?