Comments on: Update: Smoking ban http://catallaxy.net/2007/12/27/update-smoking-ban/ Some civil servants are just like my loved ones. Sat, 11 Oct 2008 13:37:59 +0000 http://wordpress.org/?v=2.5 By: Jason Barney http://catallaxy.net/2007/12/27/update-smoking-ban/#comment-130 Jason Barney Thu, 03 Jan 2008 06:43:57 +0000 http://catallaxy.net/2007/12/27/update-smoking-ban/#comment-130 You know, I have never understood the lack of outrage when government disallows otherwise legal activity on private property. I have heard the argument go this way: Second hand smoke is a health hazard (I agree.) Therefore, government should disallow smoking in public places. Here's the rub: a private business establishment is not a public place--it is a private place into which the general public is allowed to enter. It is not a courthouse or DMV or other government monopoly for which you would have no other alternative to conduct that particular business--so a reasonable argument can be made that it should be accessible to non-smokers as well. But for a tavern or whatnot, with the variety capitalism affords why not allow smoking bars? Think of it this way: you can legally inhale the concentrated smoke directly from a cigarette but if you dare inhale it second hand it's a crime? What gives? You know, I have never understood the lack of outrage when government disallows otherwise legal activity on private property.

I have heard the argument go this way: Second hand smoke is a health hazard (I agree.) Therefore, government should disallow smoking in public places.

Here’s the rub: a private business establishment is not a public place–it is a private place into which the general public is allowed to enter. It is not a courthouse or DMV or other government monopoly for which you would have no other alternative to conduct that particular business–so a reasonable argument can be made that it should be accessible to non-smokers as well.

But for a tavern or whatnot, with the variety capitalism affords why not allow smoking bars?

Think of it this way: you can legally inhale the concentrated smoke directly from a cigarette but if you dare inhale it second hand it’s a crime? What gives?

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