DeVine examines proposed statewide smoking ban in Tar Heel State


Yours truly was interviewed today by Charlotte’s public radio station concerning a Democrat state legislator’s impending second attempt to pass a statewide smoking ban.

Originally published by Mike “gamecock” DeVine as Charlotte Law and Civil Rights Examiner for Examiner.com

It seems we have made a name for ourselves (excerpts below) as Law and Civil Rights Examiner in championing the rights of private property owners against the mob of non-smokers unsatisfied with a free market that provides 65% of all restaurants as smoke-free.

This morning, we advised Julie Rose, reporter from Charlotte’s WFAE 90.7 FM of our continuing opposition to a statewide smoking ban on the following grounds:

* No one has a right to eat at a privately-owned restaurant
* Hence, no one has the right to insist upon air that is aesthetically pleasing to them
* Claims that second-hand smoke is dangerous to one’s health is a crock
* Unpleasant smells and coughing are not health concerns
* If second-hand smoke were truly a health hazard to employees, the law could require face masks
* Coal miners and Textile plant workers wear face masks
* We don’t ban coal mining and textile plants
* Nanny-staters don’t want to be waited on by waiters wearing masks

We did advise WFAE that we would favor repeal of the pre-emption law passed in 1993 that prohibits cities and towns in North Carolina from passing local smoking bans. Obviously, we do agree that government has the right to pass health and safety regulations that apply to private business, but we would say that given the lack of evidence of any significant harm to health from second hand smoke (and obvious common sense), that such a ban should be deemed a “taking” under the just compensation clause requiring the government to justly compensate the property owner for costs of compliance and lost income.

This is a brazen power grab by the non-smoking majority. They prefer to eat in a smoke-free environment, so all restaurants must cater to their preference. Never mind that the free market continues to create smoke-free restaurants at an amazing clip without aid from legislators.

Do not misunderstand. Despite my skepticism of the dangers of second-hand smoke, my sympathies extend to Holliman, and all other who have lost loved ones to tobacco-induced cancer. I lost a grandfather (age 73) and my father (age 65), both life-long smokers, to lung cancer.

They chose to smoke, despite the warning labels, and died from it. That’s no reason to restrict the freedom that ensured they lived as long as they did.

Besides, since our own Sir Walter Raleigh (pictured above) made tobacco a cash crop over 400 years ago, it has provided politicians an east tax target. Maybe that fact will keep us free.

Remainder of column and all links may be found here, at Examiner.com

“One man with courage makes a majority.” – Andrew Jackson

Mike DeVine’s Charlotte Observer, Examiner.com and Minority Report columns


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24 Comments Leave a comment

No matter what, everything will become government dictated.

Steph C (Diary) Monday, January 5th at 11:47AM EST (link)

No reason to let it happen without a fight. I like your reasoning on this. Private business should not be told what to do in these matters. If the non-smoling majority don’t like it, they don’t have to patronize those establishments. That’s the free market at work. I’m sure those businesses would opt for private establishment smoking bans of their own if it meant the bottom line was red instead of black.

And another thing, the nonsmoking may be a majority of the populace, but it’s not a majority that is pushing for this kind of legislation but a minority that adhers to nanny statism over individual rights. Not every non smoker is a nanny stater.

“[I]f the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.” –Candidus in the Boston Gazette, 1772
Hillbilly Politics

 

as a recent quitter

nricciar Monday, January 5th at 12:04PM EST (link)

It is pretty obvious that the government can and will regulate drugs. Marijuana has been deemed to have no value to society and has been banned all together. Best I can tell tobacco is at least as dangerous and easily more addictive. So all I can say as an x-smoker is be glad you are not chased down by cops and thrown in jail for your vice.

Smoking bans are full of crap, but in today’s world be glad you can still smoke them in the privacy of your own home.

California considering law to ban smoking in apartments

Mike gamecock DeVine (Diary) Monday, January 5th at 12:15PM EST (link)

and many seek to ban smoking in the presence of children in enclosed spaces

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

hey...at the Rose Bowl parade, outside....No smoking

speciallist (Diary) Monday, January 5th at 12:18PM EST (link)

they were giving warnings and then $100 tickets…

Rooster too slow to keep up with swift nanny staters

Mike gamecock DeVine (Diary) Monday, January 5th at 12:36PM EST (link)

nt

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

They might as well just ban it outright

zuiko (Diary) Monday, January 5th at 12:40PM EST (link)

That seems like it is where we’ve been slowly heading for the past 10+ years. It’s not like the folks in CA care much about balancing their budget either, so it wouldn’t be that big of a deal to forgo the tax revenue. They can just sell some more bonds to fill the gap.

Underlying most arguments against the free market is a lack of belief in freedom itself. – Milton Friedman

A small bit of irony here:

janis (Diary) Monday, January 5th at 12:49PM EST (link)

The local discount tobacco store has now got a sign on their front door that reads, you guessed it “No Smoking Here”. Kind of counterproductive, but whatever.

Back in the day

1SGinTN (Diary) Wednesday, January 21st at 12:37PM EST (link)

you got a five pack of smokes in every government-supplied C-ration meal.

Tu Ne Cede Malis
-Virgil

 
 

The govt's dependency on sin tax revenues poses a dilema

Mike gamecock DeVine (Diary) Monday, January 5th at 12:52PM EST (link)

Tobacco sales are up this year and history tells us that Americans seek more solace in smoke and drink during economic downturns. Revenues for other tax sources go down as revenues from Marlboros and martinis go up.

Besides, since our own Sir Walter Raleigh (pictured above) made tobacco a cash crop over 400 years ago, it has provided politicians an east tax target. Maybe that fact will keep us free.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

we are probably doomed to repeat history

nricciar Monday, January 5th at 3:53PM EST (link)

Well hopefully the government has also learned a few lessons from prohibition, and the war on drugs also. History has taught us one very important lesson about these types of products… banning them will not make them go away. In fact all it does is drive the market underground while removing any tax revenue that exists while enriching criminals (See the pretty much all out war on the Mexican/American border).

But that means we are better off right?

 
 
 
 
 

Hey, you're the lawyer, not me...

Steve Maley (Diary) Monday, January 5th at 12:25PM EST (link)

…but isn’t the fact that restaurants are considered “public accommodations” call into question your assertion that “No one has a right to eat at a privately-owned restaurant”?

And I’m not sure of the Federal vs State thing, but it would seem that Federal law does create such a right.

Mind you, I’m not asking you whether you like the law. I’m pretty clear on that point.

The blogger formerly known as ‘Vladimir’.

There is a distinction - no one can be banned

Mike gamecock DeVine (Diary) Monday, January 5th at 12:49PM EST (link)

due to race, sex, ethnicity, religion – but people can be banned for other reasons.

ut technically, yes, there is some implied right to eat at restaurants that are of sufficient size under fed law, but not in the context presented here in which the right to eat there in a smoke free environment is asserted.

Now, given state police powers, I doubt my assertion that such a reg is a taking requiring just compensation under the constitution would fly, but I came clsoe to a similar argument beinga ccepted in SC Sup Ct in the early 90s.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

A great quotation...

birdmojo (Diary) Monday, January 5th at 1:08PM EST (link)

I forget who said it but here is my fuzzy remembry of it:

“In a few years, marijuana will be legal and people will be secretly growing tobacco in their basements.”

Man is free at the moment he wishes to be. –Voltaire

 

If you're a kid, under 19, in my state, it's easier

Achance (Diary) Monday, January 5th at 1:44PM EST (link)

to get marajuana than tobacco. If you’re 18 and over it is de facto legal, de jure legal in the 1st district, to possess up to four ounces of pot, but illegal to possess any amount of tobacco if you’re under 19. Same is true with alcohol except with alcohol its 21. Crazy.

In Vino Veritas

On Public radio today I pointed out how so many prime time msm tv shows

Mike gamecock DeVine (Diary) Monday, January 5th at 2:04PM EST (link)

ban smoking amidst the bohemianism that winks at teen sex, orgies, adultery, drug use, etc

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

To take it further, GC, into the craziness,

Achance (Diary) Monday, January 5th at 2:41PM EST (link)

if you were into such things, you could have a fling with an 18 yr. old girl, having sex right out of porno movies, knock her up, get her an abortion without so much as a fare thee well to her kith and kin and without violating any laws. BUT, if while you were basking in the afterglow, she lit up one of your smokes or took a sip of your drink, you’re going to jail for a while if the law finds out about it.

In Vino Veritas

lol...hey how long has it been since the Sun came out up there?

speciallist (Diary) Monday, January 5th at 4:05PM EST (link)

hey…i was standing outside the starbuck’s..looking through the window..staring at all the Coffee and muffins that I can’t afford….and I saw this sign…it’s getting crazy…

Actually happened to someone I know, specialist.

Achance (Diary) Monday, January 5th at 4:49PM EST (link)

He had such a fling and it came to the sort of ugly end you might expect from a May and September. Anyway, she wanted something or another and threatened to press charges over the smokes and drinks she’d had with him.

Anyway, the PYTs are long behind me and day after tomorrow is six months since the last smoke.

And, yeah, the days are pretty short, and my wife is insisting that she go with me to shovel the boat, so it doesn’t look like I get any R&R time at my favorite watering hole today.

In Vino Veritas

 
 
 
 
 

I don't get it.

Menlo (Diary) Monday, January 5th at 5:26PM EST (link)

How many places still allow smoking? It seems people can now go nearly anywhere they would want to go without having to endure cigarette smoke. It’s not like people have to go out of their way to search for non-smoking alternatives.

On that basis, I have to question the need for the law. If cigarette smoke were everywhere one turned and allowed in most public facilities, I might agree with the law and part ways with most here. Though I feel there are and will likely always be too many more important matters to address.

There are infinitely many things that are not only of much more danger to the public but also much harder for people to avoid (like Chinese imports). Also, as much as I hate the smell of cigarette smoke, there is no smell on the planet that has EVER made me sicker than onion rings! I believe the smell does more damage to my stomach than cigarettes do to my lungs. Of course I’m not on any campaign to ban them.

“The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” -Felix Frankfurter

 

I'm all for beating back...

Amy Miller (Diary) Monday, January 5th at 7:10PM EST (link)

…the Nanny State with sticks, but it’s awfully nice to be able to come home after a night out at the bars without reeking like an ashtray. It’s also GREAT to not have to worry about getting burned or lit on fire by someone waving their cigarette around. It hurts.

Just sayin’.

“I’m a conservative, I’m a textualist, I’m an originalist, but I’m not a nut.”
~Scalia, J.

The free market provides what you desire NOW and has

Mike gamecock DeVine (Diary) Tuesday, January 6th at 4:02PM EST (link)

for many years, in spades. No need to force 65% to 100% and trample on private property rights just because one has the support of the mob!

smile

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 

"Totalitarianism is the denial of all choices."

stang (Diary) Monday, January 5th at 11:38PM EST (link)

And I fear as Reese does, that we are moving inexorably in that direction. The good intentions (so called) that pave the road to Hades are merely the obfuscations and justifications of petty tyrants who live in fear of all they cannot control.

More words of wisdom on this from Charley Reese.

“In fact, since the traditional definitions of liberals and conservatives have been made obsolete by modernity and its muddy thinking, we can even redefine them. A liberal is person with a burning itch to run other people’s lives; a conservative has no desire to do so.

Look at our current society. People who think smoking is bad are not content to quit the habit themselves; they wish to forcibly prevent others from smoking. People who think eating trans fat is bad are not content to avoid it themselves; they want to ban it. People who think owning a gun is a bad thing want to prevent others from owning guns. People who think using certain drugs is bad want to prevent others from using them. People who dislike the Confederate battle flag wish to prevent those who like it from displaying it. And so on and so forth.

In every case, prevention is translated into a denial of choice, and what is freedom but the liberty of making one’s own choices? The more areas of our lives in which we are denied the freedom to choose, the less liberty there is. Totalitarianism is the denial of all choices. We haven’t gotten to that point yet, but we seem to be steadily marching in that direction, led, of course, by liberal reformers who wish to save us from ourselves. That’s why I say that authoritarianism, not democracy, is the direction the world is headed toward. ”

http://www.lewrockwell.com/reese/reese360.html

“In a republic this rule ought to be observed: that the majority should not have the predominant power.”

Marcus Tullius Cicero

“Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge which God hath provided for all men against force and violence.”

John Locke

55555 stang! - nt

Mike gamecock DeVine (Diary) Tuesday, January 6th at 4:03PM EST (link)

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 

55555 stang!

Steve W (Diary) Tuesday, January 6th at 4:27PM EST (link)

One sentence bears repeating . . .

A liberal is person with a burning itch to run other people’s lives; a conservative has no desire to do so.

Emphasis mine.

I want the government to GET OUT of my life – so, while I may want or believe that people should do it my way – if I choose to enact a law, or find a willing government legislator to do so – I AM ACTING LIKE A LIBERAL!

I don’t want to be saved from myself – I want to live FREE!

The ultimate determinant in the struggle now going on for the world will not be bombs and rockets but a test of wills and ideas-a trial of spiritual resolve: the values we hold, the beliefs we cherish and the ideals to which we are dedicated.
- Ronald Reagan