chefjeff said:
Kind of a limited study, imho....but if it's true, then the smoking ban helped take a private property, voluntary situation to the public involuntary streets. This could be another example of unintended consequences of laws that violate property rights.
But like someone said, drunk driving makes for DUIs....but why help that happen?
Fewer choices, dangerous streets.
Less freedom, eat your meats.
Hang the offenders, everyday.
Have beer and it goes away.
Jeff Livingston
You seem to misunderstand a few things.
First, private property rights are not absolute. Private property does not constitute a sovereign nation state, immune from restrictions and controls imposed by that nation which surrounds it.
As a matter of fact, both the federal and local governemnt possess the RIGHT of eminent domain so they can (and should be able to) control the activities in private property but they can TAKE it from you and in a democracy, that is as it should be.
Eminent domain is exercised for the greater good of the general population.
The number of examples of such just and necessary controls is nearly endless but to keep this on topic, children who have NO control over where they are taken by their parents, ought not to be permitted to enter establishments where smoking is permitted.
In fact, smnoking should be banned in HOMES with children under the legal smoking age.
I am a former smoker so I've been there, done that and feel genuine sympathy for those who have not been able to shake that pointless and dangerous habit.
But NO ONE has the right to subject helpless children to secondary smoke.
Furthermore, you suggest that activities on private property are voluntary and on highways, involuntary. That is incorrect. I have never been forced to use one highway and not use another...except in unavoidable circumstances such as construction and accidents.
Conversely, there are LOTS of things you cannot and should not do, even in a private home. But once the PUBLIC is invited onto private property then a wide range of necessary and proper laws, rules and controls are just and proper.
Few people complain about cleanliness laws that control restaurant owners behavior. The Libertarian view would be to have no such laws and when enough people get sick, then the place will close. Fortunately, however, we live in a democracy wherein Libertarians are a small, if vocal minority.
I believe government is bloated, inefficient, self-serving and in many ways, functions on no higher moral plane than a Texas bordello.
BUT...we elect those people and we deserve what we get.
And the TRUTH is, that we hate it when government officials prostitute themselves to benefit people OTHER THAN OURSELVES and love it when they do so for our benefit.
At the end of the day, the will of the majority prevails which is why Chruchill said...."Democracy is the worst form of government, except for all those other forms that have been tried from time to time.? ? Winston Churchill (from a House of Commons speech on Nov. 11, 1947)
Regards,
Jim