( - promoted by Carnacki)
Give me liberty or give me death! Patrick Henry's famous words take on an interesting twist if you think of them in terms of one's liberty to make a decision that puts their life at risk. I guess smokers could be saying, "Give me liberty that gives me death." In fact, many smokers are saying just that as many jurisdictions pass various types of smoking bans to the toker's chagrin. The recent smoking ban in Kanawha County bars and gambling parlors is no different. People are pissed and feel that government is infringing upon their civil liberties. Are smokers right? Or does their habit create a public health hazard? In this blog I will examine this policy paradox with particular attention being given to the Kanawha County ban.
I must start with the caveat that I am not a smoker but I am a staunch proponent of civil liberties. I favor one's right to bear arms while telling dirty jokes about the Pope and President in a gay pride parade on Christmas day. Hell, as far as I am concerned you can leave that parade go home and smoke 5 packs of cigarettes and 4 and a half blunts while burning an effigy of Uncle Sam. I might not agree but I do not have to. My general philosophy is that if your actions do not infringe upon another person's civil liberties then you have the right to do it. That being said, life is not usually painted in black and white but in various shades of gray. It is within these shades that we find the Kanawha County smoking ban.
On July 1st, the Kanawha County Health Department deemed smoking off limits in bars, gambling parlors and the Tri-State casino. These are places where alcohol is served and can only be accessed by consenting adults. Last fall, the health board voted unanimously to pass the new regulations after holding two public hearings and reviewing large numbers of public comments. Over 180 bars have been impacted by the decision and many of those bar owners are very upset. The owners feel they are being told how to operate their businesses by an unelected health board. They claim that the ban will have a huge negative impact on their bottom line because smoking patrons will now stay home. Opponents feel that if you don't like the smoke then stay away. On the other side of the coin proponents of the ban point to the overwhelming science showing how dangerous smoking is to not only the smoker's health but those breathing the air around the smoker. Proponents of the ban also claim that employees of bars should not be subjected to such a blatant and avoidable health hazard.
The impact of smoking bans upon business (debatable) notwithstanding, an owner's right to operate his or her business as they please is a valid argument that holds sway upon first examination. However, one's decision to smoke does not only impact one's own health but also that of other patrons and more importantly waiters, busboys, musicians, bouncers, bartenders, dishwashers and the cooks in your favorite watering hole. Whereas a patron can go to a non smoking establishment or leave after one or two drinks, the employees are subjected to a concentrated toxin for the duration of their shift.
Bar owners and smokers may say that these employees choose to work in a smoky environment and that they can also choose to work somewhere else if the smoke bothers them. I counter that point by saying not everyone has a plethora of other jobs available and even if they did why should certain employers be allowed to subject their employees to preventable health hazards. This would be like one coal operator running a mine with no safety protocols saying that if the miners did not want to be subjected to the additional risk then they have the freedom to go elsewhere. As a society we would rightfully not stand for this, to Don Blankenship's annoyance, and all coal mines must follow the same mine safety rules and regulations.
As far as an unelected board setting public policy, that occurs all the time in government. Most of our laws are not written and drafted by legislative bodies but created in response to legislation by unelected bureaucracy. The technical expertise needed in many areas of law is outside the parameters of what legislators can or should try to accomplish. I do not want a legislator telling me what food is safe for me to eat no more than I want the CEO of Dell computes coming to work on my PC. As a society we can certainly challenge these regulations and voters now have the opportunity to vote for or against those that appointed the health board but the county health department was well within its role to set these regulations.
This is without doubt a fascinating public policy question and one where I think the Kanawha County Health Department made the correct decision. I have stated the main reasons why I think the decision was sound but I am interested in what you think. Feel free to comment in support or against the Kanawha County bar smoking ban. |
