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Author Topic:   Smoking Bans
New Cat's Eye
Inactive Member


Message 23 of 151 (505551)
04-13-2009 12:53 PM
Reply to: Message 1 by Straggler
04-12-2009 7:09 PM


The law goes too far
I think its bullshit that according to the law (here in illinois)somebody can't open up a bar that allows smoking if they want to.
The law shouldn't disallow people having a bar that can be smoked in if the owner wants it to be that way.
If people don't want to be in a smoky bar, then don't go to the bars that allow smoking.
I also think its funny when people bitch about smoking and the air while they stand on the sidewalk next to bumper to bumper traffic breathing in car exhaust

Its kinda funny though, around here in southern Illinois. Lots of bars just ignore the law and let people smoke anyway. Shit though, I've seen people smoking pot in a bar.
The chief of police in one small town here said (I think publically) that he wouldn't acknowledge any smoking tickets and that he felt that his officers had better things to do than issue tickets for smoking cigarettes.

This message is a reply to:
 Message 1 by Straggler, posted 04-12-2009 7:09 PM Straggler has replied

Replies to this message:
 Message 25 by Rahvin, posted 04-13-2009 1:57 PM New Cat's Eye has replied
 Message 26 by Straggler, posted 04-13-2009 2:04 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 36 of 151 (505574)
04-13-2009 3:49 PM
Reply to: Message 25 by Rahvin
04-13-2009 1:57 PM


Re: The law goes too far
I think its bullshit that according to the law (here in illinois)somebody can't open up a bar that allows toxic fumes to be present if they want to.
The law shouldn't disallow people having a bar that can be filled with toxic fumes if the owner wants it to be that way.
If people don't want to be in a bar filled with toxic fumes, then don't go to the bars that allow toxic fumes to be present.
Is this a little clearer?
Sort of...
I don't really consider a bar that allows smoking to be "filled with toxic fumes", but your point came across.
Your right to personal privacy gives you the right to do basically whatever you want to your body. You do not have the right to make choices affecting other people's bodies. Smoking unfortunately is not an individual activity - everyone around you winds up inhaling the smoke as well.
You also do not have the right to open up a bar at all. You're subject to all manner of government regulations including the procurement of a liqour licence, zoning concerns, the age of your clientele, etc. Just because it's "your property" doesn't mean you get to do whatever the hell you want. Public safety laws already exist that restrict your bar from operating with gas leaks, or with unsanitary glassware, etc. Even your personal home is regulated - you aren't allowed to improperly store or ustilize toxic chemicals in your home where they pose a public safety hazard (or even an unreasonable hazard to yourself, since public resources would need to be expended to rescue you and clean up your mess).
That's actually a really good argument, thank you.
Since second-hand smoke is just as serious a public safety concern as an unwashed drinking glass, the government is well within its authority as a regulator of public safety to disallow smoking in an area where nonsmokers will be affected as well.
I disagree on the bolded part. Second-hand smoke does not pose an immediate risk like dirty glasses (or gas leasks) do.
Your libertarian position that unsatisfied customers will simply choose to go to a different bar is irrelevant; the same can be said about bars with dirty glassware or other unhealthy conditions, and yet the government is clearly within its authority to regulate those public safety concerns.
But its not clear to me that allowing smoking is as dangerous as dirty glassware and I don't know where the governments authority begins and ends on these things, so I'm not entirely convinced that the government is well within its authority to regulate smoking.
And even if I found out that they are, I still have an issue with the way the law here is in Illinois that someone can't even open a bar that allows smoking if they want to. There should be public places where people are allowed to smoke inside, IMHO. The current law doesn't allow for them in any way.

This message is a reply to:
 Message 25 by Rahvin, posted 04-13-2009 1:57 PM Rahvin has replied

Replies to this message:
 Message 40 by Taq, posted 04-13-2009 5:10 PM New Cat's Eye has not replied
 Message 41 by Rahvin, posted 04-13-2009 5:14 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 37 of 151 (505575)
04-13-2009 3:56 PM
Reply to: Message 26 by Straggler
04-13-2009 2:04 PM


Re: The law goes too far
Having designated smoking bars that are licensed exceptions to the otherwise universal ban in public places seems like a fair compromise to me.
Me too.
In Oklahoma, you can smoke in the bars but you can't smoke in the restaurants. For facilities that sell both alcohol and food, if they sell more alcohol than food then you can smoke in them but if they sell more food than alcohol then you cannot smoke in them.
I just think it sucks that no bar at all can allow smoking here in (The People's Republic of) Illinois.
There was a "cigar bar" in town that pretty much had to close down because of the smoking ban. Its a shame.

This message is a reply to:
 Message 26 by Straggler, posted 04-13-2009 2:04 PM Straggler has not replied

Replies to this message:
 Message 38 by Taq, posted 04-13-2009 5:02 PM New Cat's Eye has not replied

  
New Cat's Eye
Inactive Member


Message 53 of 151 (505688)
04-15-2009 12:40 PM
Reply to: Message 41 by Rahvin
04-13-2009 5:14 PM


Re: The law goes too far
I don't think that second hand cigarette smoke is dangerous enough for the government to regulate it to the point that a person is forbidden to open up a bar that allows smoking.

This message is a reply to:
 Message 41 by Rahvin, posted 04-13-2009 5:14 PM Rahvin has replied

Replies to this message:
 Message 55 by Rahvin, posted 04-15-2009 2:12 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 57 of 151 (505696)
04-15-2009 2:50 PM
Reply to: Message 55 by Rahvin
04-15-2009 2:12 PM


Re: The law goes too far
I'm not totally against any regulation at all and I agree that its reasonable for the government to restrict smoking. I just think that the regulation, specifically here in Illinois, takes it too far when there can't even be one bar that is allowed to have smoking. If a bar has a vested interest in allowing it, then I think they should be permitted to.
One way to go about it would be to require a membership, for say $0.01, to be allowed in the facility thereby making it a "private" club and then have smoking there. But the way the law here is, we can't even do that (IIRC). That's too much governmentin' for my taste.
So, I'm not against it altogether, I just think it goes too far.

This message is a reply to:
 Message 55 by Rahvin, posted 04-15-2009 2:12 PM Rahvin has replied

Replies to this message:
 Message 58 by Rahvin, posted 04-15-2009 4:04 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 61 of 151 (505704)
04-15-2009 4:46 PM
Reply to: Message 58 by Rahvin
04-15-2009 4:04 PM


Re: The law goes too far
What "vested interest?"
I was thinking specifically about the cigar bar that I meantioned in message 37 that had to close down.
What tells you that this legislation "goes to far?" When you say that you think bars should be allowed to permit smoking, what is your reasoning? A "gut feeling?" It seems that you're being extremely vague, which prevents us from establishing the guidelines by which regulation is permitted.
I have no interest in establishing the guidelines by which regulation is permitted.
You can call it a gut feeling if you want to, but I just don't like all this Big Brother governmentin' that looks to be an increasing trend. Do we really need the government telling us that we're not allowed to have a cigar bar?
How is that a way around anything? Are the employees not still subjected to an environmental health risk by working there? If you think "the employees don't have to choose to work there," why does this not apply to other workplace environmental safety standards?
You'd think that if you were applying for a job at a cigar bar, you'd know that you'd be subjecting yourself to, what I feel is a minor, health risk. What's next? Cracking down on sexual harassment of strippers?
Do you agree that secondhand tobacco smoke is a safety hazard for those in the same enclosed area as the smoker? If not, why not?
Do you agree that the government has a compelling interest to protect the health of the public, and that this compelling interest gives the government justification to override private property and privacy rights when the government's compelling interest is strong enough? If not, why not?
Do you agree that the hazardous environment created by secondhand smoke in an enclosed area provides the government with a compelling interest in restricting the times and places one may smoke? If not, why not?
I don't think the environment created by second hand smoke in a bar is hazardous enough for the government to restrict it to absolutely none at all.
So far you haven't provided any sort of argument beyond "I think that's too much." You have not elaborated on the reasons you hold such a position, leading me to believe it's a "gut feeling" for you, and is therefore nonsense.
Then leave it as nonsense....
Similarly, you haven't addressed a single point I've made regarding the health hazards or justifications for restricting smoking in bars or on personal property in the presence of a child,
I'm talking about bars here. Children are a non-issue.
Why is it "too far," CS? Where is the boundary you set, and how does this law cross it? What is your reason for setting the boundary where you have set it?
The boundary should be set at just before absolutely none at all. Get the government out of the people way and let them be free to live how they want and stop babysitting them so much. We don't need the government telling us that we are not allowed to have a cigar bar.

This message is a reply to:
 Message 58 by Rahvin, posted 04-15-2009 4:04 PM Rahvin has replied

Replies to this message:
 Message 68 by Rahvin, posted 04-15-2009 6:19 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 77 of 151 (505760)
04-16-2009 10:35 AM
Reply to: Message 68 by Rahvin
04-15-2009 6:19 PM


Re: The law goes too far
All businesses are subject to government regulation when the government has a compelling interest to protect the public's health.
Of course they do, I'm not arguing against that.
Look, in Missouri there is no smoking ban at all. In Oklahoma there is a ban in restaurants but you can still smoke in bars. In Illinois, there is no smoking inside public places without exception.
We can see that there is a range on how restrictive the legislation is. This isn't an all or nothing issue.
I feel, yes it is my opinion, that the Illinois restriction goes too far because it doesn't even allow for specialty businesses like a cigar bar to exist. I'm not saying that they shouldn't be able to put the line there, just that I don't like where they've decided to put the line.
Even with the known health risks, the people should be able to decide for themselves if they want to have a cigar bar or not. They don't need the government to do that much regulating for them. Some states agree with me, some don't. Its a matter of opinion at this point.
I don't care enough about this to get down to the gnat's ass on exactly where the regulation should be (besides that I'd prefer to enjoy my time here). Actually, it should be up to the state (like it is). The state gets to decide where they want to draw the line and I get to express my dissatisfaction with where they've put it. If its just noise to you, then so be it. I don't have to participate here in the way that you think I should be participating.
I've just expressed my opinion on the issue, which happens to agree with some states and not others. You're acting like this is a black and white issue and yours is the only one that's correct.

This message is a reply to:
 Message 68 by Rahvin, posted 04-15-2009 6:19 PM Rahvin has replied

Replies to this message:
 Message 78 by Rahvin, posted 04-16-2009 12:05 PM New Cat's Eye has replied

  
New Cat's Eye
Inactive Member


Message 95 of 151 (505793)
04-17-2009 9:46 AM
Reply to: Message 78 by Rahvin
04-16-2009 12:05 PM


Re: The law goes too far
As Taq mentioned earlier, when it comes to actually making the legislation, more than the logic of teh argument needs to be taken into consideration. Irrational human beings are still voting on the issue, and that means that contradictory views can be held by the law.
Contradictory views are held by the law because they do need to be practical. I agree with Straggler that your general approach is "too ratrional" and doesn't include enough pragmatism.
I feel, yes it is my opinion, that the Illinois restriction goes too far because it doesn't even allow for specialty businesses like a cigar bar to exist. I'm not saying that they shouldn't be able to put the line there, just that I don't like where they've decided to put the line.
But why, CS? Why don't you like it? Why should the law make exceptions for "specialty businesses?" Why shouldn't it cover everyone equally?
I'm not convinced that smoking in a bar is dangerous enough to outlaw without exception. If it really is that bad, then smoking should not be legal.
You haven't given any sort of method for determining whether a given private activity qualifies for government regulation, beyond "I don't like government intrusion" and "that's too far in my opinion."
I'm just not putting in the time and effort to explain myself to the point that you're satisfied. That doesn't exclude all rationality from my position, though. Like Onifre said, my likes and feelings can be based off of a rational interpretation.
I can't predict from one case to the next what you'll determine to be "too far" based on your completely undefined standard. I'm asking you to show me your line of reasoning so that your standards can be applied to other cases to determine whether your reasoning is sound.
/yawn. No thanks.
You seem to hold the opinion that regulating smoking in bars in general is fine, but that the law should contain an exception for businesses specifically set up to include smoking on their premises. Why should the exception exist?
Because without it, I feel like there's too much governmentin'. The People don't need a babysitter like that.
The health risks posed to both customers and employees remains the same. Other safety hazards are illegal in a workplace/private business, regardless of whether the employees and patrons want to "choose" to be exposed. You can't open a paint huffing bar, for example - even though the employees would know what they're signing up for, and even though paint is a perfectly legal substance, the health risks allow the government to step in. Why is smoking any different?
The health risk isn't high enough.
But if you didn't want to actually debate the subject, why did you bother posting?
I'll debate the subject, just not to the depth where I'm no longer enjoying it.
If you cannot express why you are dissatisfied, isn't that disturbing to you? I don't like having emotional reactions that I cannot understand; I try to rationally analyze them, determine why I'm reacting that way, and determine whether my "gut" feeling can be supported on a rational basis or not. If not, I abandon that opinion, despite my "feelings." You seem to be just fine with having an emotional reaction and letting it lie...that's a recipe for irrationality if I've ever heard one.
It can be but it doesn't have to be. It doesn't disturb me to be unable to adequately express my dissatisfaction to you, to your standard. I'm comfortable with my position and I understand my feelings myself. I'm not going to put in the time and effort to justify them to you. I'm not that good at expressing myself on paper anyways (which makes it require more time and more effort).
I've just expressed my opinion on the issue, which happens to agree with some states and not others. You're acting like this is a black and white issue and yours is the only one that's correct.
No, I'm not. I'm acting like I've provided a line of reasoning and a rational standard for determining whether government interference is justified in any given case, and that you've failed to do the same, effectively making any sort of discussion and debate impossible.
You're welcome to have a different opinion, CS. But at least tell us why you have that opinion. Then we can determine whether your line of reasoning is self-consistent and rational. Perhaps your line of reasoning is even superior to mine, and you can convince me to change my opinion and abandon the standards that I posted earlier. But nothing happens, not even discussion, until you explain your opinion beyond "I just feel this way."
I have though. Cigarettes aren't that bad and having no exception is too much intrusion on the People. We don't need that much governmentin'.

This message is a reply to:
 Message 78 by Rahvin, posted 04-16-2009 12:05 PM Rahvin has not replied

  
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