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Gwinnett County Smoking Ban by Wes Alexander

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    Gwinnett County Georgia recently banned smoking everywhere except at home and in designated locations at their new civic center. Why not ban bad breath, body odor, and tattoos?
    -- 01/14/04

Gwinnett County Commissioners,

Your recent decision to ban smoking in Gwinnett was contrary to free market solutions, limited government, private property, and freedom. You may say my opinion is an exaggeration and that the harmful affects of smoking are obvious to all. Perhaps both of these are true, but I urge you to seriously consider the precedents set by the power you so carelessly weld.

What makes property--private--instead of public? My assumption has been that private property is owned by an individual, a family, or a business. I have also assumed that public property is owned by the county, city, state, or federal government. Please let me know if these assumptions are incorrect or somehow naive.

I don't understand why your ban excludes homes and the new Gwinnett arena. Do you believe that our homes are somehow "more" private property than our businesses? Do you believe that being "open" to the public somehow magically turns private property into public property?

What's next on your TO-DO list? Perhaps you will consider banning rude behavior, bad breath, body odor, tattoos, loud music, lazy teenagers, crying babies, bad teeth, women in low cut tight shirts, pierced body parts other than the ear, and bad grammar. All these offend me when I dine out. Besides, any one of these could be evidence of an underlying health problem or some psychological deficiency that needs immediate taxpayer oversight.

Commissioner Hill says the market has failed. I say government has failed. By eroding property rights, government continues to weaken the very free market forces that would peacefully resolve social conflicts and offensive behavior. Gwinnett Commissioners should protect property rights, not tear them down. Any business that wants to cater to or exclude smokers, non-smokers, lawyers, children, teenagers, Hispanics, Asians, Afro-Americans, Caucasians, red-necks, homosexuals, heterosexuals, singles, married couples, bib overalls, or bald hardheads like me should be able to do it. I say balderdash to government supervision of freedom of association on private property.

Your action was nothing more than expedient pandering to mob political correctness. Government at every level is slowly replacing liberty with dependence. I hope we never see it, but someday the democratic mob will cry out for death to those in the minority. What will you do then?

Jim Crow laws were wrong and so is your smoking ban.

Please take time to read the Walter Williams article below. It was posted on the Cato Institute's web site December 14, 2003.

Wes Alexander


Economic Straight Thinking by Walter E. Williams
December 14, 2003

Walter E. Williams, the John M. Olin Distinguished Professor of Economics at George Mason University, is an adjunct scholar with the Cato Institute and a syndicated columnist.


Several weeks ago, I wrote "Harm's a Two-Way Street," a column that generated considerable reader response, some of it angry and nasty. The gist of the column was that the liberty-oriented solution to the smoking controversy was through the institution of private property, where the owner of a workplace, restaurant or bar decides whether there would be smoking. The totalitarian solution was to use the brute force of government.

I argued harm is a two-way street. Tobacco fumes might harm someone who is allergic or just finds the odor offensive. The person who smokes and is not permitted to do so is also harmed by being denied a pleasurable experience. Quite a few letters asserted, "Williams, you can't compare the health harm to a nonsmoker to the inconvenience harm that a smoker suffers just because he's not allowed to smoke." No, I can't and wouldn't even try. Why?

Using economic jargon, it is impossible to make interpersonal utility comparisons. Let's try a few. A dollar will bring me more happiness than it will bring you. It's better to like opera music than hip-hop music. Human life is more important than money. There's no objective way to prove any of these statements simply because there is no objective standard for comparison.

You might have an opinion, but an opinion is not proof. The same reasoning applies if you said, "The harm I suffer from your smoking is greater than the harm you suffer from not being permitted to smoke." Contrast these statements to: "You are taller than I." For such a statement there are indeed objective standards for falsifying or verifying it -- just get out the measuring instruments.

Another part of the column suggested an owner of a restaurant, workplace or bar might post a sign indicating whether he permitted smoking. After all, private property rights have to do with rights held by an owner to keep, acquire and use property in ways he pleases so long as he doesn't interfere with similar rights held by another. Private property rights also include the right to exclude others from use of property.

Quite a few readers asked, "What if the owner wished to exclude blacks or some other race?" I value freedom of association. An important part of the right of association is the right not to associate for a good reason, bad reason or no reason at all. That's not to say I don't find some forms of association offensive. But the true test of one's commitment to freedom of association doesn't come when he allows others to associate in ways he deems desirable. The true test of his commitment comes when he is willing to allow others to associate in ways he deems offensive.

One might be tempted to think that if owners were free to reject customers by race, segregation would be widespread. But that's nonsense because there's a difference between what people can do and what they'll find it in their interests to do.

Think about it. During the United States' Jim Crow era and South Africa's apartheid era, there was an elaborate legal structure mandating and enforcing racial segregation. Whenever you see a law on the books, your best guess is that the law is on the books because not everyone left to their own devices would behave according to the specifications of the law. After all, why would there be a need for a law saying bars or theaters cannot admit blacks if no white bar or theater owner would admit blacks in the first place?

There are a lot of things we can disagree about, but let's have straight thinking as a part of the process.

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