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Smoking Ban is an Affront to Our Liberties
Can you say CHOICE?

(Published 02/21/02)


Everyone knows that smoking is bad for you. Everyone. Warnings are plastered on packs and cartons of cigarettes. The dangers of smoking are prominently displayed on billboards and public service announcements on television. I can't imagine that anyone who smokes today doesn't know that it is harmful. Yet, some people are still choosing to smoke. Where they can smoke, however, is an issue that city officials are about to decide. If they have their way, eventually the answer will be nowhere.

Judy Perkins, the tobacco control officer for the City of Lawrence, wants to follow the lead of Methuen and Andover by banning smoking in all restaurants. She, as well as many others, believe that second hand smoke is so harmful that the government has to step in and force privately owned businesses to ban smoking entirely.

This amounts to the government passing laws to protect you from....you. In a free society this is a very dangerous business for the government to be in. Whenever the government (at any level) is in the business of telling you and I what is best for ourselves (like it or not) we have lost a little more of our freedom.

If you do not want to be exposed to second hand smoke when you walk into a restaurant which allows smoking, you have the freedom to get up and go somewhere else. That's the American way. Just as smokers who enter an establishment which voluntarily bans smoking have the right to turn around and leave for one which allows it. It is this freedom in a capitalist market place that will determine which restaurants will thrive and which will not. This decision should be left up to business owners, not government. If a restaurant is forced to ban smoking when the majority of their clientele are smokers, it is tantamount to the government shutting them down.

Not only is a smoking ban an affront to the liberties of customers who wish to smoke, it is also an affront to the rights of restaurant owners to attract the customers they wish to attract. If this ban is passed, people who smoke will stream over the border to Salem New Hampshire so they can light up. This is certainly bad for businesses in the City of Lawrence.

Just imagine being a restaurant owner who spent thousands of dollars to accommodate smokers in a special section, now being told that they cannot allow this legal product to be consumed in their establishment at all. One restaurant owner in Andover told me his beef is that he is not allowed to smoke in his own club. "What about my right to smoke in my own restaurant. Don't I have any rights?" he asked me.

This is a debate about basic rights and liberties. Non smokers who push this anti smoking silliness may be well intended. They want to save us from ourselves, which is noble. But that's not the role of government. Government should never tell you what is best for you regardless of whether or not you want their help.

Smoking tobacco is still legal in this country. Tobacco products are heavily regulated by the federal government and overly taxed in many states. We give federal subsidies to tobacco farmers to harvest their product. We give huge tax breaks to tobacco companies like Philip Morris. The US profits a great deal from the export of tobacco products to other countries. In other words, the government profits from the production of this legal product while at the same time punishing tobacco users as though they were second class citizens.

A restaurant owner must have the right to choose whether or not smoking is allowed in "their" place of business. Customers must have the right to choose which restaurants they will patronize if being exposed to smoke offends them. But the key word here is "choice." The government has no business taking those choices away from restaurant owners or patrons.

I hope the City Council will reject any attempt by Mrs. Perkins to ban smoking in Lawrence restaurants. I don't care how man surveys she has taken or how good she thinks this ban will be for our health. It is our decision to make when it comes to our own bodies. Not the City Council, not the board of health and certainly not Mrs. Perkins.