The St. Louis County Council is about to consider a proposal to ban indoor smoking:
After months of contentious debate and careful negotiations, members of the county's Justice and Health Committee unveiled the latest draft of the proposed smoking ban Wednesday.
The legislation, which could be sent to the full council next week, bans smoking in restaurants and bars, while allowing Harrah's casino, area bowling alleys and Lambert Field to maintain separately ventilated smoking areas.
Of course, the proposal is selective - and therefore discriminatory.
The fundamental issue, though, is what right the government has to tell a private business-owner whether or not smoking (which, last I checked, was still a legal activity) is allowed in his establishment. A private business owner has the right to operate his establishment as he sees fit, and has the right to take the risk of losing patronage by allowing or prohibiting smoking at his establishment.
Personally, I detest cigarette smoke. It smells disgusting, it makes me sick, it tastes disgusting, and it lingers on clothes. I think smokers, as a group, are among some of the most inconsiderate people with respect to violating public fresh air (huddling around building entrances, and forcing non-smokers to traverse the second-hand smoke "gauntlet"), and littering their cigarette butts wherever they want. At the same time, smokers are among the most maligned group in the country.
While an equal-protection and equal-opportunity balance needs to be struck in public, owners of private establishments (be they businesses or homes) have the right to manage them as they see fit. I think "smoking sections" in restaurants are about as effective as "peeing sections" in swimming pools. That said, I vote with my feet and with my wallet. If I do not want to subject myself to a restaurant, bar, or other business that allows smoking, I can choose not to go there. If I want to support smoke-free businesses, I can likewise do so with my own feet and wallet. If enough people agree with me, then the free market will dictate which establishments stay in business.
The government has no right dictating.
