Smoking Ban Infringes On Businesses Rights
Save Email Print
Bookmark and Share
Posted: 4:21 PM Dec 2, 2009
Smoking Ban Infringes On Businesses Rights
We believe this ban is not about the tangible activity of smoking, or a tangible object of a cigarette but rather the intangible concept of a property owner determining what legal activity is being done on their property.
Reporter: Andrew Gray
width:320 and height: 240 and picwidth: 213 and pciheight: 159
Font Size:

It is a pity i need to preface this first but it is needed to dispel any questions about our motives. I do not smoke, nor do I prefer to be around smoke, nor do I patronize any businesses that allows smoking.

I am unaware of anyone on the Executive Committee of the Libertarian Party of Kansas, of which I am chair, who smokes.

With that being said the LPKS took a stance three months ago against the statewide smoking ban strictly on the basis of property rights.

Recently, the Topeka City Council voted 6-3 in favor of a smoking ban after multiple sessions of public comment. The ban covered all businesses with very limited exceptions.

This issue was being presented at the public comment sessions in an emotional angle where the obvious was stated. That is smoking is an unhealthy and dangerous habit.

We do not contest this but have taken another angle.

We believe some members of the council are attempting to micromanage how business is conducted in Topeka.

If a business owner can correlate a drop in revenue by their smoking policies then they'll change it and succeed. If they don't then they will fail.

It is a basic principle of business where the consumer makes the decision and not a governing body.

We believe the safety and health of ourselves and families is our responsibility first and then that of the government as secondary.

Especially considering their track history of "protecting" us and the inherent danger of living in a collective society.

We believe this ban is not about the tangible activity of smoking, or a tangible object of a cigarette but rather the intangible concept of a property owner determining what legal activity is being done on their property.

It is this concept which differentiates us from the rest of the world.

We believe the rights of an individual who voluntarily enters a business, a business which is not a necessity or well being for the function of life, should not super cede the rights of the owner to determine what legal activity activity will or will not occur on their property.

We believe this is protecting the free market in Topeka, Kansas.

Consequently, we have begun a petition to either have the council repeal the ordinance or put it to the public referendum; this is in union with business owners and concerned citizens.

If you would like to be a part of this feel free to email me at chair@lpks.org or call me at 785.231.4367.