Smoking Ban - a violation of private property rights

Any "public place" smoking ban is a violation of private property rights. I don't like smoking, but as a Libertarian, I love individual liberty even more, so I stick up for private property rights and the right of people to smoke.

We all know that smoking is a filthy and often inconsiderate addiction that produces litter, stench and a miserable death for the addict.

Nevertheless, individuals have the right to smoke. They have the right to smoke themselves to death.

Banning smoking in “public places” is usually proposed to protect the rights of individuals who choose not to be subjected to smoke. It all seems reasonable except that “public places” targeted for the ban are usually private places owned by other individuals with private property rights.

The correct view is that bars and restaurants are private property open to the public, but they are not public places such as the street, sidewalk, park or municipal building.

The government should no more regulate smoking in these private establishments than they should be involved in establishing guidelines for menus, acoustics, employee uniforms or hours of operation. The government should stick with regulating cleanliness of food preparation areas as a part of protecting public health.

The owners of private businesses reserve the right to refuse or grant service to customers. Remember, no shoes, no shirt, no service? Of course, and this is because it is private property that does not warrant nor welcome this type of government meddling.

It is really an issue that the free market should be allowed to take care of. It doesn't need coercive action by government do-gooders. Listen to Kelvin Moxley make a good case for preserving liberty and private property rights.



The only places that could reasonably be considered for a smoking ban would be government owned or operated facilities, and locations where the public cannot avoid doing business. Such places would include the police station, streets, sidewalks, grocery stores, parks, banks, utility companies and the post office.

The public at large is not compelled to do business at a bar or restaurant. They can drink and eat at home. It’s time to use wisdom to establish government standards for decision-making that are consistent with liberty and the private property rights of individuals.

If the owner of a private establishment doesn’t want smoking, then let them establish a smoking ban much like you might have in your private residence. We don’t need government running our lives and making decisions for us. They are not good at either of these things. We are grownups and we know how to vote with our wallet.

Regardless of how offensive smoking might be, as a Libertarian, I defend the rights and liberties of all, and that means smokers and the owners of smoking establishments that are open for business with the public.

Done with Smoking Ban, take me back to Stupid Laws