Groaning for freedom

A Dallas Morning News editorial of 2/19 complains that what I consider a wise rejection of a statewide smoking ban by the Texas Legislature in years past was caused by the presence of too many caveats and exceptions -- and that the smoking ban legislation developing in this session should be more uniform.
I don’t smoke and I love freedom and respect property rights. I respect the property owner/business owner’s right to post a sign “no smoking” and to refuse to serve people who smoke. And if that is profitable, nonsmoking venues will proliferate. I don’t see that happening.
A big problem with the DMN editorial statement, and the smoking ban proposal itself, is that the businesses affected are not uniform. Restaurant patrons buy more food than drinks while owners of bars depend on beverage sales for most of their income. And there is no question that up to 50% of all bar patrons are smokers — not so many in restaurants.
Don’t get me wrong. A statewide smoking ban is also a reckless expansion of government, tearing away at private property rights of owners and the individual freedom of patrons. But, I strongly uphold the right of bar and restaurants owners to go smoke-free -- without government intervention.
Are non-smokers too stupid to select establishments which don’t allow smoking? If so, who will walk us across the street so we don’t get run over?
If elected officials want to truly represent these small businesses well, they should not even think about taking away a significant source of income for thousands of Texas bar and tavern owners during one of the worst recessions of our lifetime.
So even if the DMN doesn’t respect property rights, individual freedom and consumer choice, some of us recognize appreciate liberty. I’m not ready to turn the lights out on the Statue of Liberty just yet. – Peggy Venable (a “groaner” by DMN editorial standards)

The DMN editorial
The groans of exasperation are audible from smokers and civil libertarians as the Legislature moves closer to passing a statewide ban on smoking in restaurants and bars. Groaners say businesses should be able to set smoking rules for themselves, based on what drives business.

But what if it turned out that affected business owners actually agree with this law? The Texas Restaurant Association now says that a statewide ban is a good idea. When a 5,000-member group representing a $34 billion industry says it supports a smoking ban, it's time for lawmakers to take notice.

The lack of statewide uniformity has created a hodgepodge of ordinances among the 28 Texas cities that ban smoking and those that don't. It confuses patrons and leaves some business owners worrying about losing customers to smoking establishments up the road.

With this proposed law, the same ban would apply everywhere. It ends the guesswork.

Lawmakers must resist heavy lobbying by the tobacco interests fighting this bill. A similar bill in 2007 failed after it became so laden with caveats and exceptions that it threatened to weaken anti-smoking laws already on the books.

The proposed ban would outlaw smoking in bars, restaurants and all indoor public places, as well as at outdoor sporting or music events and within 15 feet of public building entrances.

Smokers complain that this bill tramples on their right to light up, which they think trumps non-smokers' right to eat, drink, socialize and breathe free of secondhand smoke. What smokers really demand is the right not to be inconvenienced. Sorry, but the time has come for you to step outside if you want to foul the air.

Secondhand smoke is both an annoyance and a serious public health threat, according to the 2006 surgeon general's report. Secondhand smoke kills an estimated 53,000 people a year. Numerous surveys indicate that most Texans support a statewide smoking ban.

It's time for the Legislature to stand up to the tobacco lobby and stand for Texans who want to breathe freely and live longer.