Tack one more nail in the American coffin. The rights-trampling frenzy continues with restaurant and bar owners being the latest victim burnt on the collectivist mob-rule stake as The People’s Republic of North Carolina has finally passed their precious smoking ban.

A similar attempt failed a few years back, but the statist yearning to rule by force is insatiable. This debate emphasizes the typical degree of concrete-bound, irrational thinking that consumes most of our population. If we were to extract the essentials from the average opinion supporting this law, we’d discover a criteria template that could justify any law imaginable. However, when the facts are considered, the silly, evil, and obtuse nature of this law is abundantly clear.

Relevant Facts:

1. Freedom: In a rational, civilized society, individuals are free to choose which establishments they patronize. Virtually all supposed justifications for this pathetic abuse of power evade or ignore this fact completely.

2. Property Rights: In a rational, civilized society, property owners are free to determine their own smoking policies. This is the core issue at hand.

3. Role of Government: In a rational, civilized society, the proper role of Government is to protect individual rights from forceful encroachment. Instead, this law relies on initiation of force by Government.

4. Objective Law: In a rational, civilized society, laws and legal enforcement thereof should be based on rights. If an action doesn’t forcefully encroach on an individual’s right to life, liberty or property, or doesn’t objectively convey intent to do so, it shouldn’t be illegal. Whenever considering any law or regulation, justice demands we ask “whose right to what is being forcefully violated?”, and if there is no clear and objective answer, then justice is not the motive at hand. In this context, where smoking is permitted by the owner and other individuals are free to leave, no one’s rights are forcefully violated.

Irrelevant Misconceptions:

“The issue is smokers vs. non-smokers…”

This issue is about the rights of property owners. The owner of a restaurant or bar has the right to determine his own policies regarding smoking. This law imposes on the property owner, not the customers. See #2.

“When you serve the public you forfeit your property rights.”


Perhaps in a collectivized, mob-rule nation ignorant of the concept of rights, but not in a free country. Individuals conducting commerce are traders - not servants. They are offering a value in the form of a product or service that other traders can choose to consume or not, depending on whether they find the value offered as beneficial in proportion to the cost. These two individuals, the traders, are the only two who should rightly decide on the details pertaining to their barter. If a consumer is unhappy with the product or service offered they are free to seek consumption elsewhere, and the seller must adjust his offering to remain in business. The only proper function of Government in the barter is to enforce contractual obligations breached by force or fraud. Any other Government intervention in this voluntary transaction is illegitimate and a violation of one or both of the trader’s rights. Only the competition of a free-market can rightly and justly promote change in the seller’s offering. In a rational and just society, this rule applies to any and every aspect of the business and barter. The fact that we’ve set precedent for such encroachment with OSHA, FDA, zoning, wage and countless other regulations does not justify yet another blatant disregard for the sanctity of property rights. See #1-4.


“Smokers don’t have the right to smoke anywhere they choose.”

This is correct, but the decision to allow or prohibit smoking is up to the property owner and no one else. See #2.

“Do you smokers have the RIGHT to harm other people just because you think it’s ok to smoke around them?”

Of course not, there is no such thing as a right to harm others, but this question evades the fact that the “victim” is free to leave an environment where conditions (including second-hand smoke, noise, temperature, food quality etc.) aren’t suitable. See #1.

“This ban is guarding the public safety.”

See #1 and #4.

“It’s a darn shame that a law had to be passed to prevent the inconsiderate nicotine addicts from spreading their disease and stench while ruining ones meal.”

If their lack of consideration offends you, you’re free to leave. See #1 and #4.




“Studies show that {insert any fact supporting the negative impacts of second-hand smoke} is harmful.”


See #1.

“An owner that accepts non-smokers does not reserve the right or choice to put the life of the non-smokers family in danger of death due to lung cancer to satisfy the addiction of a smoker.”

Their lives are only in danger if they choose to be present in such conditions. See #1.

These are only a handful of the common justifications used by advocates. As I hear new ones I’ll add them to the list along with a proper debunking.

Conclusions:

There is no just basis to support a smoking ban on private property - only emotion-driven rationalizations that undermine the rule of law, and scoff at the American essence. Objective law requires for an individual’s rights to be forcefully violated. So long as one’s presence in such establishment is voluntary, force is absent, and any legal intervention represents an injustice.

If all private restaurants and bars closed their doors (the appropriate response to this and any other meddling in business), how many days before this fascist tripe would be repealed? The first day they’d call their bluff. The second day they’d call an emergency session with expedited Governor sign-off so all the statist thugs in Raleigh would have a place to grab lunch, and this wretched idea would never be brought up again.

Do I look forward to the first Sunday morning I enjoy a completely smoke-free breakfast at Cracker Barrel? You bet I do. But, for that reality to come into fruition through an anti-American, rights-stomping, emotion-driven law is hideous. I’d rather endure smoky meals for the rest of my life to hang on to the smell of freedom than condone such a contemptible mob-rule measure. Precisely because this is happening in America, the first nation founded on justice and freedom, we truly are in the golden age of injustice.

This entry was posted on Wednesday, May 13th, 2009 at 10:32 pm and is filed under Subjective Law, Idiots, Nonsense, Meddling, Fascism, Pragmatism. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.