Smoking bans for private businesses

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zsdersw

Lifer
Oct 29, 2003
10,560
2
0
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.

In the case of laws that regulate otherwise legal activity, yes, they must be followed or else they are completely useless and, thus, should not be implemented.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
For all practical purposes Asbestos doesn't burn; and Spraying Chlorine gas is already illegal (that's considered a weapon of mass destruction: Mustard Gas is Chlorine) 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.

There is no ban on asbestos and there is no ban on chlorine. An individual is perfectly within his right to own either of these substances on his private property. There are bans on how they can be used in the workplace.

There is no ban on cigarettes. There is now a ban on how cigarettes can be used in the workplace.
 

CLite

Golden Member
Dec 6, 2005
1,726
7
76
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.

Allowing the employer complete control of the working conditions of his employees does not = individual freedom. Are you truly so dumb as to think otherwise?
 

Cutterhead

Senior member
Jul 13, 2005
527
0
76
Allowing the employer complete control of the working conditions of his employees does not = individual freedom. Are you truly so dumb as to think otherwise?

Ouch. Did I strike a chord? And here I thought I was being civil, agreeing to disagree and all. Clearly my intelligence (or lack thereof) is the issue here. Shake your fists and foam at the lips, little man. I still don't want your smoking ban.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
Allowing the employer complete control of the working conditions of his employees does not = individual freedom. Are you truly so dumb as to think otherwise?

The business owners individual freedom to run his business and allow a legal activity. The individual freedom of patrons of that business owner that want to frequent his establishment, and enjoy their perfectly legal habit. I'd say ...yes, it does.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
There is no ban on asbestos and there is no ban on chlorine. An individual is perfectly within his right to own either of these substances on his private property. There are bans on how they can be used in the workplace.

There is no ban on cigarettes. There is now a ban on how cigarettes can be used in the workplace.


/facepalm


You really are a complete idiot, aren't you? We're supposed to believe this sh*t? Really?

http://www.rhtubs.com/chlorine.htm

In its elemental state, chlorine exists as a gas. Gas is the purest form with an available chlorine content of 100%. While "available" as a sanitizer, it is extremely dangerous and restricted in its use. Due to stringent regulations, restrictions and licensing requirements only specialized professionals use it. Chlorine gas is extremely acidic and will drastically lower a waters pH.


http://www.osha.gov/SLTC/healthguidelines/chlorine/recognition.html#controls

Chlorine gas is damned well regulated as a hazardous material. The shit you buy for your pool is a compound that contains chlorine in it's solid form. Calcium Hypochlorite is neither a gas, nor (obviously, given it's name) is it pure.

And

HERE IS THE EPA's PAGE WHERE YOU CAN FIND THE DETAILS OF THE BAN ON ASBESTOS It even says "Ban".






***********

The problem here is you are attempting to regulate the WRONG ENTITY: If you don't want people to smoke, then go after people who smoke.

Don't pass a law that makes businesses/employers responsible for the behavior of others. That's stupid.

Instead, write a law to the effect that "..use of tobacco products is restricted to personal property {house, car, etc} and specific areas which may be designated by local authority. Problem solved, and you don't have to look like a complete ass because you are incapable of going after the correct person. Not to mention the side benefit of being able to write people {hundred dollar, or whatever} tickets for lighting up.
 
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HAL9000

Lifer
Oct 17, 2010
22,027
3
76
Lol thats such a fail analogy. Charging down the street with a knife? Yeah, thats exactly the same as lighting up a cigarette in a private establishment.

If you come into my house and people are smoking and you don't like it, fuck you and leave, don't tell me to put my cigarette out.

I never said about your house?! I said about a public place...
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
I never said about your house?! I said about a public place...

Whats the difference? I own my restaurant, I let people come in to be there, you don't like the rules you can leave and go somewhere else, its that simple. Tobacco is not an illegal substance and as a private establishment I should be able to set the rules in my own place.
 

piasabird

Lifer
Feb 6, 2002
17,168
60
91
What part of the constitution grants people the right to blow smoke in people's faces in some business open to the public?

If you want to smoke in your own home that is freedom. However, when you are not in your home you are polluting the air someone elese is breathing.
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
What part of the constitution grants people the right to blow smoke in people's faces in some business open to the public?

If you want to smoke in your own home that is freedom. However, when you are not in your home you are polluting the air someone elese is breathing.

And if someone else enters your home? If you have a gathering with smoking? A party?
 

Craig234

Lifer
May 1, 2006
38,548
349
126
Whats the difference? I own my restaurant, I let people come in to be there, you don't like the rules you can leave and go somewhere else, its that simple. Tobacco is not an illegal substance and as a private establishment I should be able to set the rules in my own place.

You can set some rules, and not others.

You should be able to put up lava lamps or chandeliers, shag rug or wood floors, serve burgers or tofu.

You should not be able to create an unsafe workplace for workers, and their 'right ro leave' does not give you the right to create an unsafe workplace.

In the late 19th century, when workers were paid barely enough to get food to eat and the public was angry, an ideology spread in the country that "contracts" were the fair solution. They could still pay the same low wages, but by having the worker sign a contract for that wage, it was said "he didn't have to sign, it's a mutually agreed deal and therefore fair".

It took some time for public opinion to evolve to say there was an inherent power imbalance between the employer and employee so that a contract did not make it fair.

The worker has to eat - and this allowed employers to push their wages down and down to where they could sign to work for almost nothing or starve.

There was no 'invisible hand' or 'free market' benefits fixing this - it was just a disaster for the workers.

This is where a recognition of the need to even things a bit on power came up, and the right for workers to organize got support - and it worked.

An employer could tell each worker, 'sign or starve', but if it told that to all its workers, they could say 'you can't afford for the workforce to strike' over poverty wages'.

This 'they can leave if they don't like getting cancer' line is like the 'sign the contract for poverty wages or starve' line. It's ridiculous, and it's wrong morally.

There are people who still think segregation should be legal because they take the 'private business' ideology too far, and would let segregation come back.

Businesses do not need to be allowed to do things against the public interest, like segregate or create unsafe workplaces.

You are a sad person to put your 'freedom' to give people cancer ahead of the health of workers. And you're wrong.
 

HAL9000

Lifer
Oct 17, 2010
22,027
3
76
You can set some rules, and not others.

You should be able to put up lava lamps or chandeliers, shag rug or wood floors, serve burgers or tofu.

You should not be able to create an unsafe workplace for workers, and their 'right ro leave' does not give you the right to create an unsafe workplace.

In the late 19th century, when workers were paid barely enough to get food to eat and the public was angry, an ideology spread in the country that "contracts" were the fair solution. They could still pay the same low wages, but by having the worker sign a contract for that wage, it was said "he didn't have to sign, it's a mutually agreed deal and therefore fair".

It took some time for public opinion to evolve to say there was an inherent power imbalance between the employer and employee so that a contract did not make it fair.

The worker has to eat - and this allowed employers to push their wages down and down to where they could sign to work for almost nothing or starve.

There was no 'invisible hand' or 'free market' benefits fixing this - it was just a disaster for the workers.

This is where a recognition of the need to even things a bit on power came up, and the right for workers to organize got support - and it worked.

An employer could tell each worker, 'sign or starve', but if it told that to all its workers, they could say 'you can't afford for the workforce to strike' over poverty wages'.

This 'they can leave if they don't like getting cancer' line is like the 'sign the contract for poverty wages or starve' line. It's ridiculous, and it's wrong morally.

There are people who still think segregation should be legal because they take the 'private business' ideology too far, and would let segregation come back.

Businesses do not need to be allowed to do things against the public interest, like segregate or create unsafe workplaces.

You are a sad person to put your 'freedom' to give people cancer ahead of the health of workers. And you're wrong.

This.

You shouldn't be able to set a rule that negatively effects the health of the public who enter
 

matt0611

Golden Member
Oct 22, 2010
1,879
0
0
Of course there are free market solutions to low wages and poor working conditions, that is such bullshit craig. Employers bid up wages in the free market, and the more productivity the higher the wages can be.

You're so blinded by your ideology that you think you can tell people what to do just because you think its best, you have to legislate your feelings of whats best to and make everyone follow it.

Why should we have people working in mines? Thats subjecting their workers to danger craig, why should we have tree loggers? thats subjecting their employees to danger.

Smoking is a legal recreational activity that you can choose to be around or leave. No one is forcing the workers to be there, there are plenty of work places where is not smoking.

You're a sad person when you don't allow people to choose for themselves, no craig, you are wrong.

There is no inherent power balance between the worker and employer, they both need each other.

And I would let segregation come back, people have the right to serve who they wish, in my world anyway. (I won't go into this any further though, cause I know you're liberal heart may go into arrest)

You are free not to do business with anyone who segregates or allows smoking. Its pretty fucking simple.

Workers were paid shit because they were not nearly as productive as they are today.

It comes down to this, you want to legislate rules that you think are for everyones good and not allow them to choose the way they do their business. I want them to decide how to run their business and people to make decisions about whom to do business with.. You want to run society for everyone else, I don't. Its a philosophical difference and we both think we're right, so I think we're done with this discussion here.
 
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Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
This.

You shouldn't be able to set a rule that negatively effects the health of the public who enter


The issue here is the businesses are not the ones causing the problem. The businesses are NOT the one's "creating an unsafe workplace". The business doesn't make people smoke. The business' processes do not involve smoking. Individuals are the ones doing that. This entire viewpoint that workplace safety laws are applicable is nothing more than an end run effort and a smokescreen justify twisting those regs in a manner their writers did not intend.

In a sane world, we would regulate the behavior of private individuals by passing a law or an ordinance putting the onus on those individuals who engage in that behavior. i.e. - If the problem is "People Smoking In the Vicinity Of Those Who Don't", then in a sane world we would write the laws to disallow Smokers from doing that.

But no: We apparently can't do that. "We" have to regulate Businesses and force Employers to enforce "our" views onto 3rd parties. Read that again: You would force someone <Not Causing The Problem> to impose your views on <Yet Another Set Of Individuals>.

Instead, write a law to the effect that "..use of tobacco products is restricted to personal property {house, car, etc} and specific areas which may be designated by local authority. Problem solved, and you don't have to look like a complete ass because you are incapable of going after the correct person. Not to mention the side benefit of being able to write people {hundred dollar, or whatever} tickets for lighting up.



But no - That's too hard to do...
 
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TeeJay1952

Golden Member
May 28, 2004
1,540
191
106
If a company can hire only non smokers by preference may another establishment hire only smokers? ie a bar with only smokers working there.
Seems that a sign on door that says smoking within should be permissible.
 

Scotteq

Diamond Member
Apr 10, 2008
5,276
5
0
If a company can hire only non smokers by preference may another establishment hire only smokers? ie a bar with only smokers working there.
Seems that a sign on door that says smoking within should be permissible.


The problem here is that the Second Hand Smoke enters the atmosphere.. which enters the ventilation system... which comes out somewhere else in the building... and irritates the sand which is in the vaginas of the non~smokers... making them crazy enough that they can no longer differentiate between the business owner and the person smoking the cigarette.


See??


{Edit}: This ... is an ellipse. In the context of this post it can be representative of the sand.
 
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alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
Here's my problem in all of this and today it's really far too late to change since we let it get out of hand long ago because we were more worried about given birth to soccer moms that run over things while talking on their iPhone and drinking a Starbucks and yet only strike a tier to the mid middle class or high lower class as a heirloom.

Almost all laws have been set from the mindset of those that have the power and money to protect that. Our people always project themselves as something they really are not. An example is that guy living in a duplex in the worst part of town that somehow bought a 300M chrysler and some stolen wheels and stereo. He thinks since he has possession of a nice ride, he is somehow better.

Then you have those that can't find work anywhere because of crimes, lack of education, or simply can't wake up on time to go to a job. They gather and bitch and moan as a force.

Too much sympathy enters the financial equation.

I say allow all businesses to put up what they are willing to pay.

There will be a long period of adjustment, but in the end commerce will be fair.
 

IronWing

No Lifer
Jul 20, 2001
69,532
27,835
136
Here's my problem in all of this and today it's really far too late to change since we let it get out of hand long ago because we were more worried about given birth to soccer moms that run over things while talking on their iPhone and drinking a Starbucks and yet only strike a tier to the mid middle class or high lower class as a heirloom.

Almost all laws have been set from the mindset of those that have the power and money to protect that. Our people always project themselves as something they really are not. An example is that guy living in a duplex in the worst part of town that somehow bought a 300M chrysler and some stolen wheels and stereo. He thinks since he has possession of a nice ride, he is somehow better.

Then you have those that can't find work anywhere because of crimes, lack of education, or simply can't wake up on time to go to a job. They gather and bitch and moan as a force.

Too much sympathy enters the financial equation.

I say allow all businesses to put up what they are willing to pay.

There will be a long period of adjustment, but in the end commerce will be fair.
If you reflect for a few moments on the words assembled above, you will realize that they make no sense. Not that they support a position or oppose a position inadequately but that they simply make no sense.
 

alkemyst

No Lifer
Feb 13, 2001
83,967
19
81
If you reflect for a few moments on the words assembled above, you will realize that they make no sense. Not that they support a position or oppose a position inadequately but that they simply make no sense.

because you live in fear.
 

HAL9000

Lifer
Oct 17, 2010
22,027
3
76
I hate smokers. They are inconsiderate of people who don't want to smoke, this thread demonstrates that.

/Discussion.
 

Tom

Lifer
Oct 9, 1999
13,293
1
76
Do you think the government, at any level.. whether federal, state, or local.. should be able to enact/enforce absolute smoking bans on private businesses?

The rights involved here are ones of property ownership and the right of association, not to mention the more general right of personal liberty.

I have a big problem with smoking bans for private businesses. The government does not have the right to enact/enforce absolute smoking bans on these businesses, in my opinion. I can understand the compromise of setting up zones or areas in these businesses where smoking is allowed, but absolute bans take things too far.

Patrons who have a problem with smoking can choose to punish businesses that don't offer smoke-free environments by spending their money elsewhere. Employees who have a problem with smoking can find places of employment that are smoke-free.

What do you think?

(NB: I don't really care if this has been debated before; you can choose on your own whether or not to post in this thread)

As long as a private business has their own fire dept, police, roads, source of electricity, own phone network, satellites,etc, I think they can do whatever they want.

However, if their business is part of society in that you can get there on a public road, or they use telephones, electricity, or any other thing that only exists because of that society, then they should live within that societies' rules.
 

zsdersw

Lifer
Oct 29, 2003
10,560
2
0
As long as a private business has their own fire dept, police, roads, source of electricity, own phone network, satellites,etc, I think they can do whatever they want.

However, if their business is part of society in that you can get there on a public road, or they use telephones, electricity, or any other thing that only exists because of that society, then they should live within that societies' rules.

Homes receive all of the services you mentioned, yet smoking is still permitted within them if the owner so chooses. Privately owned businesses are the same. No one forces anyone to come into and stay in a smokey house or be a customer or employee of a business that permits smoking. Even in the extremely unlikely circumstance that someone is absolutely unable to find employment anywhere other than a place that allows its customers to smoke, the economic hardship of this person is not something the employer (or anyone else) is legally bound by government to remedy.
 
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