Illinois state wide smoking ban-violation of rights?

Question

It occurs to me that the government has absolutely no right to legislate what a business owner can or can't allow in their own establishment. This used to be a free country; but not any more. I could live or own a business in communist China, and there would not be this amount of government invasion in how I chose to run my business. Can we possibly have less government and not the invasive amount we have now? In parts of Illinois it's illegal for a restaurant to serve fois gras-how completely absurd. The owner of a business absolutely has the right to make their own choices! If you don't want smoke or fois gras, go to a non-smoking or fois gras free restaurant!

What I am saying is quite simple. Don't dine or work in a smoking establishment if you don't smoke! It's a matter of choice. I'm not telling you to patronize a smoking etablishment; don't tell me I can't. the right to free enterprise is being compromised!

Answer 1

Business licenses are for running a business with certain responsibilities,Taxes Etc.It is not for Government running your business.I used to live in California,where the anti smoking laws are very perverse,I moved to Vegas and they just passed a anti smoking law here(except for the casino's on the strip) and YES it is hurting the small business owners.The bars here are just not enforcing the issue.It is a population movement to control others actions.As a smoker I pay more in taxes than the average non smoker,I was and always have been consciences about others.And I think not smoking in restaurants is fine.Back in the early 90's as they started passing laws against smoking,we all said the obese people were gonna be next.Look at what the media is touting now,Obese America.I just wonder when will Government and the people whom are just looking to be offended,turning us law abiding citizens into criminals for lighting up will ever end?

Answer 2

The whole point of any government is to restrict individual freedom in favor of the greater good. No one has a problem when government restricts people from killing and stealing. That, however, infringes on the individual freedom of people who like to steal and kill.

What makes it a free country is the ability to criticize the government when you don't think they made the right choice. If you had a business in China, you wouldn't be able to post this without fear of reprisal. You also have freedom in that you can, if you so desire, work to change the government policy. You have access to political power through your right to vote and your right to free speech.

I think your issue is not with your "freedom" but what you believe constitutes the greater good.

Is it more important that people be able to smoke or is it more important that people who do not smoke are protected from the harmful affects of smoke?

Is it more important that people get to eat tasty food or is it more important that stupid birds are saved from being force feed?

I believe both regulations have considerable merit.

But I'm also a smoker and a fois gras consumer.

Now the real question is whether the birds are adequately protected from second hand smoke . . . .

Answer 3

We had this law go into effect here in MN at the begining of October. What the first person said was completely right unfortunately. Without those regulations, restaurant owners could consider themselves above the law and therefore commit legal crimes in some instances.

That being said, I'm a restaurant owner and I'm a smoker and while I respect that this is the new law, I absolutely hate it. In my restaurant, our smoking section was upstairs and very well ventilated, I've had regular customers comment that they never even knew there was a smoking section until they saw the signs I put up when the ban went into effect! Halfway intelligent business ownership can easily help ease some of the health difficulties involved. It disgusts me that these laws are forced on us like this. I've always been a firm believer in that whole "if you don't like it, don't expose yourself to it" attitude. Even if that means me losing business. But how sad that we're all being forced to embrace a lifestyle that is approved for us by someone who has never even met us.

Answer 4

As long as we keep electing liberals, the nanny government is going to keep expanding. It's none of their business, in my opinion, whether you allow smoking or serve fois gras.

And I'm not a smoker, by the way. But I'll defend, with my life, the rights of those who are.

And the whole second-hand smoke thing has been so blown out of proportion. You have to work in a smoke-filled room for several hours, to get the nicotine you get from one single, highly concentrated cigarette.

And it's not the Republicans, generally, who make these ridiculous laws. Think about that next time you're in the voting booth.

Vote for Rudy!

Answer 5

The issue is that you are, in general, free to do as you want as long as it doesn't harm others.

When smoking was allowed in restaurants, virtually all restaurants allowed it, because to not do so was to put yourself at a competitive disadvantage to other restaurants. Thus, all waiters and waitresses were required to work in smoky atmosphere's which is bad for them.

The State therefore used their legal authority to require employers to provide a safe and healthy workplace for their employees to ban smoking.

Agree with it, or not, it was legal.

The ban on Fois-Gras is even more clear cut. States and cities have a clear authority to ban animal cruelty, and the manufacture of fois gras is clearly animal abuse.

Richard

Answer 6

"It occurs to me that the government has absolutely no right to legislate what a business owner can or can't allow in their own establishment"

That is absolutely incorrect. Ever hear of a business license? The entire purpose of a business license is regulation. Do you seriously think the government cannot regulate businesses?

Answer 7

I agree. It won't be long before the government tries to pass an 18th Amendment-like Amendment to ban smoking altogether. However, they owner of businesses do have to go along with the law, regardless of how asinine it is.

Answer 8

The principle is that workers are entitled to a safe workplace, and that this right can't be waived by the worker himself. 2nd hand smoke has been found to cause cancer, so you can't have it in the workplace. The government -can- mandate job safety, that's their job!

There was a lot of whining and moaning when we banned smoking in restaurants and bars here in California some years ago. But now, when I go to Nevada, where they do allow smoking in restaurants, when I first walk into a restaurant the first thing I notice is the odor of stale cigarette smoke, and it's DISGUSTING! So I'm glad we banned it here.

Answer 9

What occurred to you is incorrect. The government very clearly has the power to regulate commerce.

Answer 10

What's the matter hon, you get asked not to smoke in a restaurant? Awwww - poor baby. Do like I did and quit smoking!