Restaurants, bars should have say in whether to be smoke-free
This letter is in response to Megan Joy’s letter Smoke-free restaurants, bars a logical step for Mich. (SN 4/16). The issue of forcing all restaurants and bars to become smoke-free is not an issue of her personal preference or of statewide economic concerns, as she would have the reader believe. It is simply an issue of private property, government intrusion and capitalism.
If I own a bar, I have the right to have any legal activity I wish occur inside it. I am not forcing anyone, neither consumer nor employee, to be at my bar. The government has no right to invade my personal property and tell me what I can or cannot do in the facility that I bought, as long as everything that happens at my bar is legal — and as far as I know, smoking a cigarette is legal.
This situation is a perfect example of how capitalism and a free market can solve a problem without government interference. If someone does not like a smoking atmosphere, they have the option to support a smoke-free institution. As a bar owner, my goal would be to maximize profits. If I notice that consumers are leaving my bar for a smoke-free bar, it would then be in my best interest to make my bar smoke-free. This issue is best left to the free market, which will handle it more efficiently than the government. I mean, has anyone driven on the public roads lately?
Eric Awerbuch
philosophy sophomore
Published on Wednesday, April 16, 2008

Comments
eric
04/16/08 @ 9:26pm
just so people know, while i do not think it is relevant to the issue, I have never smoked a cigarette in my life.
Mark
04/16/08 @ 11:31pm
If I own a bar, I have the right to have any legal activity I wish occur inside it. I am not forcing anyone, neither consumer nor employee, to be at my bar. The government has no right to invade my personal property and tell me what I can or cannot do in the facility that I bought, as long as everything that happens at my bar is legal — and as far as I know, smoking a cigarette is legal.
Having sex is legal. Can we have a massive orgy bar? I think that would be very popular.
I could choose not to allow black people into my house. I could not do that if I own a business. Businesses play by different rules. (BTW there is no rule about black people coming in my house, that was an example).
I agree with you, but I do not like that particular argument about legality.
Get Your Facts Straight
04/17/08 @ 8:28am
Mark you are wrong,
Having sex is not legal in public places. Smoking is.
Tim
04/17/08 @ 8:37am
Well of course, prior to doing whatever they want on their property, the bar owners have to get a liquor license and the building has to be approved by numerous inspectors for compliance with numerous building and health codes. Of course, for the most part, those measures protect the customers as well as the public at large so those regulations are not the exact same as banning smoking. However, lets not pretend that you can do whatever you want on private property. The issue is more nuanced than Eric made it out to be.
Mark
04/17/08 @ 9:26am
Get your facts straight,
According to this libertarian perspective, private property is private property. A bar is not a public place.
Wil
04/17/08 @ 9:28am
@get your facts straight: You’re right, smoking is legal in certain places; the question is wheter or not it should be.
eric
04/17/08 @ 10:34am
Mark:
A private place should be able to decide who comes in and who doesnt. Lets say a bar opened up that did not allow black people; what would be the result? Huge protests from both blacks and whites and the bar would lose all of its business and be forced to change policy or shut down. This is another example of when the free market would solve the problem.
And mass orgy places? Sure if its all consenting adults I do not see a reason why those should be illegal.
Tim:
Americans shouldnt need the government to protect them from themselves. What I mean is that all these building regulations are ridiculous…its another case where free market would solve the problem. Is it in the bar owners best interest to build a faulty facility? Unsanitary? Its nothing a private organization could not do. For example I could start “eric’s judgement sanitiation” or something, and my company would go and inspect a restaurant to make sure all the food and everything is sanitary. And perhaps the consumer would trust my company and would not eat there unless it was “eric approved”. This is just one vague example, but I hope you understand my point.
a different eric
04/17/08 @ 10:49am
Tim,
I’ve seen the same complaint from you (assuming you are the same Tim) on other pages, and I just have to ask: How nuanced do you expect a 250 word letter (or an online comment) to be? Stating that someone has not considered all of the minutiae of a particular issue isn’t a very good way to make an argument.
Mark
04/17/08 @ 11:11am
eric:
That whole free market thing worked so well in the south. I am sure they would have become a completely integrated society by themselves in the year 2030. We do so well here in Michigan with our very diverse cities.
Alumn05
04/17/08 @ 11:12am
I was living in Ohio last year when they passed a bill prohibiting smoking in restaurants, bars and everyone was whining about. But hey the majority of people who wanted to prohibit smoking went out and voted and the bill was passed. If the same happens in Michigan and the majority vote to pass the bill then I feel that’s a good thing. The people are being heard. I live in NYC now where smoking is also banned and I love going to bars and restaurants and not leaving smelling like smoke. If NYC and Ohio can enact this law why can’t Michigan as well?
Really?
04/17/08 @ 12:09pm
Did Mark just try to conflate smoking and slavery?
smoke free
04/17/08 @ 12:11pm
It’s great to go out to the bars in Ohio where they’ve banned smoking in bars. There are any number of regulations on what a bar owner can and cannot do on his/her property. Currently it is legal to smoke in a public place…if it became illegal (say through a state wide referendum) then any defense saying “i can allow any legal activity i want” becomes irrelevant.
Bars are cleaner, nicer, people feel better the next day, and frankly, smokers don’t stay away. They just step outside for 5 minutes every once in awhile and it’s not a big deal.
Mark
04/17/08 @ 12:22pm
Really?:
Not slavery, but in the south they used to have businesses that were restricted to one race. The free market did not stop that.
Phil Letten
04/17/08 @ 1:32pm
Good article. I agree with it all. If you don’t like people smoking inside then you don’t have to go inside a building where smoking is allowed.
eric
04/17/08 @ 1:41pm
alumn05- if the majority voted to take your child away because they believed you were not being a good parent or to institute one of your parents because they were no longer productive (if you have neither child nor parent please just realize this hypothetical) then would it be a good thing because the people have spoken, right? Sure this is an extreme example, but where do you draw the line when it comes to right of majority? The majority positions have no right to take away rights from minorities positions, and that is what you are implying.
eric
04/17/08 @ 1:43pm
Mark- then it was the business owner’s loss. They were not maximizing profit by disallowing certain people to be consumers. If they want to take that loss, I feel they have every right to do it. These places are not places of necessity, no one needs to go to a bar or restaurant; they are not public institution and therefore if they want to practice discrimination they may, as long as they accept the blowback in regards to protests and loss of business.
Mark
04/17/08 @ 1:55pm
if the majority voted to take your child away because they believed you were not being a good parent
Where have you been? They already do this.
Sheri
04/17/08 @ 3:01pm
It is comical to state that Ohio’s ban is going so smoothly. I live here. Here’s what’s happening. There have been 28000 violations in less than a year. 14 counties have opted out of enforcement because of the expense. Every $100 fine costs the state $350 in the appeals, and frankly, places that want to allow smoking are still doing so.
Tim
04/17/08 @ 3:33pm
Eric- I understand your argument and you are right that private groups could perform many functions that the government currently performs. My point wasn’t to say that this is the right way to do things, my point was that private property is subject to many governmental regulations that are similar to the smoking ban proposed here.
Other Eric- The letter said “The government has no right to invade my personal property and tell me what I can or cannot do in the facility that I bought..” That simply isn’t a true statement, 250 word limit or not. I wasn’t criticizing him for missing a nuance I was criticizing him for stating an absolute, “no right”, that is absolutely false. It looks like Eric and a few other understood my point. Do you have any thoughts on the topic?
Really? again
04/17/08 @ 4:02pm
Mark: “Not slavery, but in the south they used to have businesses that were restricted to one race. The free market did not stop that.”
The free market did stop that. Government intervention led to the integration of public institutions, but private businesses can still deny service to anyone they wish for any reason they wish.
eric
04/17/08 @ 4:08pm
tim- this is my beliefs in principle, not what actually happens. if it was up to me, if i own a piece of land or a store or anything, i believe anything should be permitted on that property that i wish as long as it only involves consenting adults who do not harm anyone else; from orgies to meth parties to political fund raisers…whatever the owner prefers.
Benjy Compson
04/17/08 @ 4:32pm
Tim,
You wrote “my point was that private property is subject to many governmental regulations that are similar to the smoking ban proposed here.” That is somewhat true, but there is a difference with the smoking ban. Things like inspections to ensure proper food handling at restaurants are necessary because consumers do not have a way to know if they are eating dangerous food. It is very easy, however, for a consumer to know whether or not an establishment allows smoking. To me, it is this varying access to the knowledge of risk that makes, for example, a law banning lead paint on children’s toys prudent, and a law banning smoking unnecessary.
Tim
04/17/08 @ 4:34pm
Eric- I guess I read that portion of your letter to be more of a statement of fact than one of belief. At least you are consistent.
Really?- “The free market did stop that. Government intervention…”
Well, so the government did step in. Also I don’t think a private restaurant can refuse to serve black people.
Phil Letten- If you don’t like Michigan’s smoking ban, move to a new state. See how well that silly argument works.
Alumn05
04/17/08 @ 4:58pm
My point is that if enough of the people who do NOT want to ban smoking actually went out and voted there wouldn’t be any reason to argue. If however the bill is passed bc the majority of the voters WANT the ban, then why shouldn’t it be passed? If the bill does pass and I happen to hear a smoker bitching about not being able to smoke in a bar or restaurant, I will simply ask them if they took the time and effort to vote and state their opinion. And if they didn’t then they have no right to complain. That’s all I heard what bitching and groaning in Ohio when the bill passed and most of the people bitching didnt even vote!
Eric
04/17/08 @ 5:05pm
Alumm05- just because the majority want something does not mean it is ok! What if the majority wanted to take away one your hobbies that few others enjoy. Hypothetical: you collect stamps, but annoy some people who dont. They vote to make owning multiple stamps illegal…
Really?
04/17/08 @ 5:49pm
Tim, did you read what I wrote? The government stepped in to integrate PUBLIC institutions (i.e. things that taxpayers fund or subsidize). Despite what you and Mark apparently think, a privately owned business can refuse service to ANYONE for ANY reason (some even post signs to that effect). But, if a bar banned black people then, as eric wrote, “huge protests from both blacks and whites [would make that bar] lose all of its business and be forced to change policy or shut down.”
Benjy Compson
04/17/08 @ 5:55pm
Alumn05,
As Eric pointed out, just because the majority wants something does not mean it is ok. Also, this bill would not be put to a vote by the general public, so most of your comment is irrelevant.
An interesting side note: The bill as passed by the State House has an exemption for casino gaming floors. Apparently they’re OK with smoking there because they tax the hell out of casino revenues.
Tim
04/17/08 @ 8:00pm
Really- You could not be more wrong! Check out Title II of the Civil Rights Act of 1964. It says you can’t discriminate based on race, color, religion or national origin in places of public accomodation. Restaurants are considered places of public accomodation.
Maybe you should take a constitutional law class before you decide to lecture everyone else on the subject.
Jason
04/17/08 @ 8:32pm
Benjy and Eric- since you are both saying that we should just let capitalism and the market figure it out, are you saying that capitalism always gets things right?
Agent5
04/18/08 @ 12:40pm
Everyone here is neglecting one important fact. When you smoke or inhale second-hand smoke, you run a huge risk of lung and heart disease. When you reach 65 and get Medicare, who pays for your medical care during your end-stage lung and heart diseases?
That’s right – the US government via taxpayer dollars. I’d say that both parties have a vested interest in the regulation of smoking.
Benjy Compson
04/18/08 @ 10:31pm
While I cannot speak for Eric, I would say that in no point in our separate arguments have we stated that capitalism is the end-all-be-all of political (certainly not medical) thought. But, Jason, I think you, and he and I, would agree that absolutisms cannot be applied to such an issue.
My overall opinion is that more govenrnment regulation leads to more restrictions on individual liberty. And eventually these separate restrictions on individuals will be compounded to decrease the liberty of everyone. I am not a smoker, Eric has stated that he isn’t, and I assume you are not. But eventually these unneccesary laws will affect something that you care about.
As a side note, I appreciate Agent5 for offering the only legitimate (in my opinion) argument FOR this bill. I disagree for a few reasons, but he/she does raise a compelling point that I would be willing to discuss.
Benjy Compson
04/18/08 @ 10:34pm
I just realized that I have offered the proverbial “slippery slope” argument, but I think this is one of a few situations where it may be appropriate. As always, however, I appreciate dissention.
Jason
04/20/08 @ 10:35am
Benjy- My point wasn’t that you actually think capitalism solves everything, just that your argument could be turned around and easily applied to what you and Eric had said. I do agree that what you are arguing isn’t the usual weak slippery slope argument and I do appreciate your point. I generally like to believe that society, or maybe the Supreme Court,recognizes when the government goes too far, but I have less faith in voters than I used to.
eric
04/20/08 @ 10:45am
as far as for medicaid/medicare, they are very inefficient. there is no place in the government for them to attempt to supply healthcare for anyone, especially over the adult age. Once someone is an adult, it is their responsibility to purchase/or somehow “get” healthcare, not the responsiblity of the government. So to me, while in practice that argument is valid; in theory it is irrelevant regarding my principals of government.
Capitlism can solve most problems. I have heard very good arguments for the free market in all circumstances, except I am not sold yet on the court system. So I would not mind debating you on the benefits of free market/capitalism on any subject except for the courts of law.
Tim- The civil rights act should be revoked. A private business does have the inherent right, since it is privately owned by individual(s), to discriminate. 99.9% of the time it will most likely not be in their best interest financially. If someone wants to disallow me to spend my money in their business, good for them, they just lost a customer.
Tim
04/20/08 @ 11:27am
Eric- I’m going to assume that you want to revoke the portion of the civil rights act that impacts private business and not the entire act. I do think you underestimate the prevelance of racism. Not too long ago, Denny’s settled a $56 million dollar lawsuit for racist business practices that included making black wait longer for tables and food. I do think economics is a bigger source of segregation than overt racism. However, how we solve that problem is way beyond me.
I’m not well read enough on free markets and capitalism to debate you or Benjy on the subject. My feeling is that the free market will often get things right, but in some cases may move to slowly in which case the government has needed to step in. Do you think the civil rights act/ fair housing acts were always unnecessary intrusions or were they needed at some point? Do you think the free market would have addressed these issues in a timely manner? I would be interested in any studies/books that you have read. Not to challenge you, but rather to become more informed on the issue.
Tim
04/20/08 @ 11:40am
Eric- as for your Medicaid/Medicare arguments (not sure where they came from), but there are many holes in your argument. Have you had to pay insurance premiums recently? It’s easy to say everyone should be able to pay the 100 or so dollars a month, but that ignores reality. What happens if your plant gets shutdown? The scenarios are virtually endless. Not to mention that of the 36 million unininsured adults, not all of them can just be idiots who are bad at budgeting.
You also ignore the hospital side of things. What if a gun shot or car accident victim comes in, should the hospital wait to do anything until they can confirm insurance? If they don’t, under your scenario, they would risk never being reimbursed. Hospitals are already going bankrupt under the Medicare/Medicaid administration, take those away and there probably would be no inner city hospitals left.
eric
04/21/08 @ 10:48am
tim
i define a “right” as something you inherently have that can only be taken away from you, not something that can be given to you. If you accept this definition, rights include clearn air to breathe, the right not to have someone infrigne upon your life goals, etc…education, healthcare, etc are not right. Someone needs to pay for your education, teach your classes, etc…someone needs to pay your doctor, treat you, pay for your medicine, etc…A government only responsiblity is to protect your inherent rights. If you want something to be given to you, i.e something that I do not define as a right, than it is your/your family’s responsibility to acquire it. THis may mean not having some of these things all the time, or it may mean going to private charities (churches generally do a very good at job this), etc.
AS for the dennys people, they should have left, called a lawyer, submitted a press release and threaten to go public with it (without government interference) and they could have gotten a nice payday. Or they could have gone public and if the claims were true then you would have people picketing in front, newspapers claiming the restaurant to be rasict, anyone who went inside would be booed, etc…
As for the driver accidents, again, there could be, in theory at least, hospitals set up by churches or private organizations for those who need immediate, expensive treatment. Rememebr than when someone goes to a hospital for dier care, they are not receiving it for free. THe taxpayers are taking the cost and some of those taxpayers may have p refereed that money to go somewhere else. What if the driver was drunk? What if he is old and on his death bed regardless? What if he was coming from a bank robbery? There are many moral dillemas that arise when deciding to give ER treatment to anyone…
Tim
04/21/08 @ 11:25am
eric- the right to health has been identified by a number of international treaties which the US has signed. Arguably health care would be included in the right. Afterall, how do you enjoy the right to health without access to medical care. Obviously you disagree and I don’t anticipate being able to dissuade you, so I’ll just leave it at that.
The Denny’s people did sue and got a nice payday. The question is whether or not Denny’s would have changed their policy without the suit occurring. You obviously think capitalism, protests, loss of business, would have ended Denny’s racist actions. You are probably right on that.
I’m curious what you propose to do with the over 36 million uninsured adults. Let them die in the streets? Same with the drunk driver, old man, or bank robber? At this point federal law requires hospitals to treat patients who come in with emergencies so that law would have to change before your system comes into play.
You mention having charitable hospitals take care of patients, but how do those hospitals stay open if they receive no payment whatsoever? Many are already debt ridden due to the minimal payments of Medicare and Medicaid.
What you really propose is that the poor die in the streets while the rich live longer and healthier lives.
eric
04/21/08 @ 12:40pm
Right to health? Its up to you. The majority of Americans eat garbage and do not exersize. That is their choice, but when they are 45 and have health problems they have no reason to come to the government asking for money for expensive surgeries and medicines. Cold hearted? Perhaps. Rational? Definitely. People make daily life choices and must face the consequences, whether good or bad.
Private Hospitals/charities (do) would receive money through donors. If I am wealthy one day, i am sure I would donate some money to hospitals.
The poor die and the rich live? Really? That is what you think my argument is about? I propose that people are responsible for their actions and must accept the consequences of a) driving drunk, b) robbing a bank, etc. The elderly one is quite a moral dillema, as i think the two i just mentioned do deserve to die as opposed to me (taxpayers) paying for their care. The situation with the elder is something happening in Britain right now where there are not enough funds to go around for everyone and they must make decisions. I am glad I am not the one telling someone that we dont have care for their grandpa because the state is bankrupt.
Tim
04/21/08 @ 1:43pm
eric- the impact of your policy is that the poor die and the rich live. A poor person without health insurance who gets shot or eats bad food dies, while the rich person can eat whatever they want because their insurance will pay for the bypass surgery. Don’t pretend that your system doles out justice to those who neglect their bodies and rewards those who care for it.
Your policy wouldn’t really care if a person was a drunk driver or bank robber would it? Regardless of what they did to end up in the hospital, if they don’t have insurance they die.
So you think there are enough donations to pay for the medical care of 36 million uninsured adults? That’s beyond naive.
eric
04/21/08 @ 4:11pm
No more naive than your thinking that the government can afford to pay for 300 million American’s health care by printing more money and causing greater inflation, or by taxing us more and hurting the economy.
The key for healthcare is that if it was left entirely to the free market then prices would have to lower, or people would not purchase it. When the government buys it, they do not care what the prices are, necessarily. The companies will charge what they want and the government will pay what they ask, under a national health care plan.
Tim
04/21/08 @ 4:31pm
eric- Obviously increased taxes would be the only way to pay for a nationalized system of health care. We both agree that the current system doesn’t work, but disagree on what change should occur.
You say free market health care would result in lower rates… so that means you think Medicare and Medicaid are to blame for the current high price? Other than those two, isn’t insurance presently a free market?
I disagree that people would not purchase health care if they thought the free market price was too high. What is that based on? Anyone not on Medicare or Medicaid is free to go without insurance right now, but few voluntarily choose to do so. The risk of being injured and being faced with tens of thousands of dollars of bills, which would barnkrupt most people, is simply too high.
I already pay taxes to support Medicare/Medicaid and additional money comes out of each of my paychecks for my own insurance. So any increase in tax would be decreased by the savings I would get from no longer paying for my own health insurance. So unless my taxes increased by about $90 a month, I would have just as much money to spend as before.
I think the bigger issue with socialized health care is related more to the quality of care that we would receive and less about the money
The Man, man
04/21/08 @ 5:36pm
smoking ban is another example of the government over reaching and holding our hands like little kids through life; taking away yet another choice, if you would.
fundamentally it’s a repulsive proposition.
however, i like the ends! smoke free is so nice.
The Champion of Champions
04/21/08 @ 5:44pm
Attn: MARK...
“Having sex is legal. Can we have a massive orgy bar? I think that would be very popular.” —YES YOU CAN OPEN AN ORGY BAR. A PRIVATE BAR/CLUB WITH ORGIES AS ITS PURPOSE OR MISSION IS PERFECTLY LEGAL. ALSO, SMOKING IS ALLOWED IN PRIVATE BAR/CLUBS.
“I could choose not to allow black people into my house. I could not do that if I own a business. Businesses play by different rules.” —IT DEPENDS IN THIS EXAMPLE. DISCRIMINATION RECEIVES STRICT SCRUTINY UNDER THE LAW AND USUALLY DOESN’T SURVIVE IT. IT IS ENTIRELY DISTINCT FROM SMOKING HOWEVER. YOU ARE ERRONEOUSLY COMPARING APPLES TO ORANGES HERE.
Eric’s argument was not flayed like you suggest, yours is.
eric
04/21/08 @ 7:10pm
THANKS CHAMPION
to tim:
“Obviously increased taxes would be the only way to pay for a nationalized system of health care. We both agree that the current system doesn’t work, but disagree on what change should occur.”
Forced taxation is a form of stealing; taking earned monies and redistributing it against the owner’s wish. Stealing is bad. Therefore, increased taxation is bad.
“You say free market health care would result in lower rates… so that means you think Medicare and Medicaid are to blame for the current high price? Other than those two, isn’t insurance presently a free market?”
Again, my argument is more about principle than about practicality, as I think principles and morality are more important that anything. But, as I see it, if health insurance is too expensive, then dont buy it. if no one buys it, they will obviously go out of business or lower their price.
“I disagree that people would not purchase health care if they thought the free market price was too high. What is that based on? Anyone not on Medicare or Medicaid is free to go without insurance right now, but few voluntarily choose to do so. The risk of being injured and being faced with tens of thousands of dollars of bills, which would barnkrupt most people, is simply too high.”
By definition, if people are purchasing something, then the price is not too high.
“I already pay taxes to support Medicare/Medicaid and additional money comes out of each of my paychecks for my own insurance. So any increase in tax would be decreased by the savings I would get from no longer paying for my own health insurance. So unless my taxes increased by about $90 a month, I would have just as much money to spend as before.”
Good for you, it may not be like that for everyone else.
“I think the bigger issue with socialized health care is related more to the quality of care that we would receive and less about the money”
quality, as experience proves (namely education) increases the more deregulated it is and more it is left up to individuals not the gov’t/
Tim
04/22/08 @ 7:32am
“I think principles and morality are more important than anything”
So your policy of morals and princples thinks taxation is stealing but is cool with people dying on the streets because they can’t afford health insurance. That’s messed up.
The Champ
04/22/08 @ 11:24am
people don’t die on the streets b/c they can’t afford health insure, by the way. people die on the streets b/c they made bad decisions long before health insurance was an issue.
also, “taxation with representation…ain’t so hot either!” (funny line i read in Forbes magazine a few months ago.