Smoking bans for private businesses

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zsdersw

Lifer
Oct 29, 2003
10,560
2
0
Actually, I was reinforcing your statement. Whats popular isn't always right. Obviously at some point in our history smoking was so popular we used cartoons to sell them. Keep up.

No one thinks smoking is a good thing, but that doesn't mean government is the proper or best tool to correct the problem. Government is historically a very poor instrument of control over personal vices.
 

JSt0rm

Lifer
Sep 5, 2000
27,399
3,947
126
No one thinks smoking is a good thing, but that doesn't mean government is the proper or best tool to correct the problem. Government is historically a very poor instrument of control over personal vices.

So in the past government had very little to no control over the regulation of cigarettes and they were more popular. Now with more regulation and medical studies funded by the government smoking is less popular.

The truth is the opposite of what you state.
 

Cutterhead

Senior member
Jul 13, 2005
527
0
76
I will be the first to admit true nanny-state laws exist. However, as I've argued in this thread I don't believe the elimination of carcinogenic particulates from the work environment deserves such a label.

But it absolutely, positively, does deserve exactly that label. Because it is a nanny state law. A law being enforced against an otherwise legal activity, conducted on private property, by informed and consenting individuals.

The reason this thread has gone on for so long, much to your frustration, is due in part to a rather irreconcilable difference of opinions regarding the boundaries of government, as perfectly captured in the OP's original question. It's a question that makes you uncomfortable, because no matter how you scuttle and dance and try to justify your position, you know that it boils down to YOU ordering OTHER PEOPLE what they can and cannot do through force of government.

I've read as you have argued what should and should not be permitted in a "civilized society". Apparently, civilization in your mind comes at the expense of personal liberty. We need laws to tell our fellow civilized citizens what is and is not best for them, regardless of whether this affects us personally.

Well, in my "civilized society" we would respect one another's individual freedoms, even those we do not agree with, and even those that *shock* may carry an element of danger to those whom willingly accept such risk. And if someone in my neighborhood wants to open a bar and allow smoking inside that bar, I would do the civilized thing and allow him to do so, regardless of my opinion on the dangers of SHS. I would not lobby for laws to force my neighbor to run his business the way I want him to because I presume to be more intelligent, classy, or "civilized" than he.

Nor would I seek to prevent smoking in his bar under the presumption of protecting his now and future employees, my fellow citizens whose individual rights I respect, and whom I know to be adults of legal age, capable of making their own big-boy and big-girl decisions. I would not do these things, because that is the civilized thing to do. The civilized thing being, to live and let live. But this will, of course, be lost on you, because you know what is best, and that is just the way it is.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
You're in a fantasy world if you believe these bans will result in "all businesses eliminating unnecessary carcinogenic particulates from the work environment". I know of a few bars here in Milwaukee that don't care if patrons smoke, even though WI has one of these bans in place. They take the chance. Bans require enforcement. Milwaukee police have *a lot* of things they should be doing that better serve the public interest than inspecting bars to ensure compliance with a smoking ban.

What should cities/states/communities do to ensure that bars are adhering to these smoking bans?

The best way is to let businesses become smoke-free on their own (something that has already happened for the vast majority) if their clientele and/or employees demand it.

Oh my god, not this argument.

People still murder each-other that doesn't mean the laws against murder are ineffective and solely depend on personal responsibility. There are laws against bad things because the shit is bad (such as carcinogenic particulates in the work environment). They will never be 100% enforced but in general they serve to eliminate dangers from the work environment. Will people break the law? of course. Will most people follow the law? probably.

@Scotteq, the employer is allowing employees to work in an environment with carcinogenic particulates by allowing smoke in that environment. Is it coming from patrons? from fellow employees? it doesn't really matter, the fact is the environment is polluted by carcinogenic particulates.

As Jstorm has pointed out it doesn't matter in the end, we can go in circles in this thread but our civilized nation will pass laws that promote working environment safety.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
Well, in my "civilized society" we would respect one another's individual freedoms, even those we do not agree with, and even those that *shock* may carry an element of danger to those whom willingly accept such risk. And if someone in my neighborhood wants to open a bar and allow smoking inside that bar, I would do the civilized thing and allow him to do so, regardless of my opinion on the dangers of SHS. I would not lobby for laws to force my neighbor to run his business the way I want him to because I presume to be more intelligent, classy, or "civilized" than he.

Your society is not civilized if you consider it an employers individual freedom to unnecessarily endanger his employees.

Yes there are dangerous jobs by nature. No that doesn't give employers the unlimited freedom to add as much danger as they so choose to the job description. I can't hire people and tell them they have to work on a skyscraper without safety harnesses because it's my company. Now I can't hire people and tell them they have to serve food and drinks in the presence of severely elevated levels of carcinogenic particulates.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
... the employer is allowing employees to work in an environment with carcinogenic particulates by allowing smoke in that environment. Is it coming from patrons? from fellow employees? it doesn't really matter, the fact is the environment is polluted by carcinogenic particulates.

That's right, they allow, not force, them to work there, and they also allow them to not apply if they don't want to work around smoke ...simply amazing huh?
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
@Scotteq, the employer is allowing employees to work in an environment with carcinogenic particulates by allowing smoke in that environment. Is it coming from patrons? from fellow employees? it doesn't really matter, the fact is the environment is polluted by carcinogenic particulates.


For the umpteenth time: Those businesses do NOT force people to smoke. That's an individual behavior. Therefore regulating business is not the proper way to go.

It DOES matter, because that activity is LEGAL and people are (supposedly still) free to choose to smoke. And it *is* a nanny state argument, since you are regulating an otherwise legal activity.

I told you how to go about it: Have nicotine declared a Schedule 1 drug.


It only "doesn't really matter" because you would use/abuse the law to (en)force your opinions on how people should behave.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
Your society is not civilized if you consider it an employers individual freedom to unnecessarily endanger his employees.

Yes there are dangerous jobs by nature. No that doesn't give employers the unlimited freedom to add as much danger as they so choose to the job description. I can't hire people and tell them they have to work on a skyscraper without safety harnesses because it's my company. Now I can't hire people and tell them they have to serve food and drinks in the presence of severely elevated levels of carcinogenic particulates.



The problem with your argument is that SMOKING IS NOT A JOB REQUIREMENT.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
For the umpteenth time: Those businesses do NOT force people to smoke. That's an individual behavior. Therefore regulating business is not the proper way to go.

It DOES matter, because that activity is LEGAL and people are (supposedly still) free to choose to smoke. And it *is* a nanny state argument, since you are regulating an otherwise legal activity.

I told you how to go about it: Have nicotine declared a Schedule 1 drug.


It only "doesn't really matter" because you would use/abuse the law to (en)force your opinions on how people should behave.

Who said anything about forcing people to smoke for the umpteenth time.

This is about employees who do not smoke who are forced to breath SHS.

The problem with your argument is that SMOKING IS NOT A JOB REQUIREMENT.

Stop eating paint chips.
Now.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
Your society is not civilized if you consider it an employers individual freedom to unnecessarily endanger his employees.

Yes there are dangerous jobs by nature. No that doesn't give employers the unlimited freedom to add as much danger as they so choose to the job description. I can't hire people and tell them they have to work on a skyscraper without safety harnesses because it's my company. Now I can't hire people and tell them they have to serve food and drinks in the presence of severely elevated levels of carcinogenic particulates.

Just because a business owner allows smoking does not automatically mean his employees are in any danger. There are plenty of ways to mitigate SHS, fans, ventilation systems, separating smokers, and workers that don't mind working in smoke. Your solution to use force of government is draconian and stupid without exhausting other options that are available, and let people, and business keep their freedoms.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
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Who said anything about forcing people to smoke for the umpteenth time.

This is about employees who do not smoke who are forced to breath SHS.


Second hand smoke provided by their employer?? Or by other individuals??


Read that carefully: You would apply the law against the first party because of the actions of the second.
 

zsdersw

Lifer
Oct 29, 2003
10,560
2
0
So in the past government had very little to no control over the regulation of cigarettes and they were more popular. Now with more regulation and medical studies funded by the government smoking is less popular.

The truth is the opposite of what you state.

The reduction in popularity of smoking, while significant compared to 40 ago, is not as significant today. One in every five adults regularly smokes.

So how effective are these regulations, again? Not terribly.

Everyone knows smoking is unhealthy, yet nearly 21% of the adult population still smokes regularly. Teenage smoking is roughly the same. Clearly, regulation and knowledge of its dangers aren't solving the problem. Help to quit smoking is readily available, too, for the people who want to quit.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
Just because a business owner allows smoking does not automatically mean his employees are in any danger. There are plenty of ways to mitigate SHS, fans, ventilation systems, separating smokers, and workers that don't mind working in smoke. Your solution to use force of government is draconian and stupid without exhausting other options that are available, and let people, and business keep their freedoms.

A reasonable regulation would be to have a certain particulate level identified as acceptable. The fact of the matter is that no laws is not the solution, although a complete ban isn't necessarily the only solution. If a business had extremely good ventilation that isolated the smokers then that would be fine in my opinion.

What laws allow for is people who are treated to extremely bad working conditions (say a working environment that is a smog of smoke) to file for grievances and end the practice. You could say they should just find employment elsewhere but then the remaining employees would still suffer. It is possible one or many of these employees would have an extremely hard time finding another job. The bottom line is that it is unacceptable to allow the employer full discretion for determining working environment safety.
 

zsdersw

Lifer
Oct 29, 2003
10,560
2
0
Oh my god, not this argument.

People still murder each-other that doesn't mean the laws against murder are ineffective and solely depend on personal responsibility. There are laws against bad things because the shit is bad (such as carcinogenic particulates in the work environment). They will never be 100% enforced but in general they serve to eliminate dangers from the work environment. Will people break the law? of course. Will most people follow the law? probably.

Oh your god, not this lame retort..

Murder is not legal.. smoking is. There's a huge difference between laws against murder and smoking bans for private businesses.
 

IBMer

Golden Member
Jul 7, 2000
1,137
0
76
Everyone knows smoking is unhealthy, yet nearly 21% of the adult population still smokes regularly. Teenage smoking is roughly the same. Clearly, regulation and knowledge of its dangers aren't solving the problem. Help to quit smoking is readily available, too, for the people who want to quit.

I think that looking at the number of cigarettes smoked would be a more accurate number in correlation to the percentage of the population..
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
A reasonable regulation would be to have a certain particulate level identified as acceptable. The fact of the matter is that no laws is not the solution, although a complete ban isn't necessarily the only solution. If a business had extremely good ventilation that isolated the smokers then that would be fine in my opinion.

What laws allow for is people who are treated to extremely bad working conditions (say a working environment that is a smog of smoke) to file for grievances and end the practice. You could say they should just find employment elsewhere but then the remaining employees would still suffer. It is possible one or many of these employees would have an extremely hard time finding another job. The bottom line is that it is unacceptable to allow the employer full discretion for determining working environment safety.



Is the Employer providing the smoke?? A simple yes or no will suffice.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
Oh your god, not this lame retort..

Murder is not legal.. smoking is. There's a huge difference between laws against murder and smoking bans for private businesses.

I did not make a claim that there was no difference.

I stated that whether a law is followed or not should not be the basis for the law being implemented in the first place.
 
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zsdersw

Lifer
Oct 29, 2003
10,560
2
0
What laws allow for is people who are treated to extremely bad working conditions (say a working environment that is a smog of smoke) to file for grievances and end the practice. You could say they should just find employment elsewhere but then the remaining employees would still suffer. It is possible one or many of these employees would have an extremely hard time finding another job.

If enough employees leave, whether they can find a job or not, because their employer permits smoking indoors it is extremely likely the employer will change their mind and not allow smoking anymore.

The only businesses that allow smoking indoors these days are bars. The number of people who have to take a job at 1.) a bar and 2.) one that allows smoking is extremely small.

The bottom line is that it is unacceptable to allow the employer full discretion for determining working environment safety.

"Full discretion" is not really what's being advocated.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
Is the Employer providing the smoke?? A simple yes or no will suffice.

The employer allows the practice that provides the smoke.

As an employer I can't allow a select few employees to prance around burning Asbestos. As an employer I can't allow a select few employees to spray chlorine gas around the working environment. Now as an employer I can't allow a select few employees to run around smoking when it subjects other employees to the Second hand smoke.

HOWEVER, these employees can burn asbestos on their private property, they can inhale all the chlorine gas they could ever dream of, and they can smoke to their heart's content on their private propety. They can't do any of these things in a working environment with fellow employees around, is that so difficult to comprehend?
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
A reasonable regulation would be to have a certain particulate level identified as acceptable. The fact of the matter is that no laws is not the solution, although a complete ban isn't necessarily the only solution. If a business had extremely good ventilation that isolated the smokers then that would be fine in my opinion.

Good.

What laws allow for is people who are treated to extremely bad working conditions (say a working environment that is a smog of smoke) to file for grievances and end the practice.
Give me a fucking break, letting customers smoke is not "treating people bad". Other customers have the right to not patronize the establishment, and employees that don't want to work where there's smoke can seek employment elsewhere. There are literally hundreds of restaurants that do not allow smoking by patrons, and only allow smoking for employees in designated areas.

You could say they should just find employment elsewhere but then the remaining employees would still suffer.
It is possible one or many of these employees would have an extremely hard time finding another job. The bottom line is that it is unacceptable to allow the employer full discretion for determining working environment safety.
If they choose to than too bad for them, that's their choice. If no one wants to work there, than the business will go out of business.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
The employer allows the practice that provides the smoke.

As an employer I can't allow a select few employees to prance around burning Asbestos. As an employer I can't allow a select few employees to spray chlorine gas around the working environment. Now as an employer I can't allow a select few employees to run around smoking when it subjects other employees to the Second hand smoke.

HOWEVER, these employees can burn asbestos on their private property, they can inhale all the chlorine gas they could ever dream of, and they can smoke to their heart's content on their private propety. They can't do any of these things in a working environment with fellow employees around, is that so difficult to comprehend?


For all practical purposes Asbestos doesn't burn; and Spraying Chlorine gas is already illegal (that's considered a weapon of mass destruction) and covered by other laws.

Your examples fail to explain why an Employer should have laws passed that make him responsible for the otherwise perfectly legal actions of individuals.
 
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zsdersw

Lifer
Oct 29, 2003
10,560
2
0
I did not make claim there was no difference.

I stated that whether a law is followed or not should not be the basis for the law being implemented in the first place.

If the entire purpose for these smoking bans is, as you say, to make the workplace less unhealthy, compliance with the bans must be 100% for the ban to be effective enough to justify its existence.

A small minority of bars in a given community that disobey the ban eliminates the ban's effectiveness in making the workplace more healthy. Obviously, people who have a problem with the smoking in these bars won't go there.. and employees who don't like it will find jobs elsewhere... but then that's what I've been saying will happen anyway, making the ban irrelevant.
 

Cutterhead

Senior member
Jul 13, 2005
527
0
76
Your society is not civilized if you consider it an employers individual freedom to unnecessarily endanger his employees.

Actually, it is quite civilized. Especially considering, as I already mentioned, those employees are free to make their own decisions and work or not work wherever they please. Certainly it is more civilized than your version of society, where we slowly legislate individual freedoms into extinction at the behest of the disapprovers and finger-waggers such as yourself, for the presumed benefit of those who did not even ask for it in the first place. But this is that little irreconcilable difference I was alluding to previously. I will agree to disagree with you.
 
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