Credit four members of the Wichita City Council with acting on the only logical conclusion to be drawn from the 2006 U.S. surgeon general’s report on secondhand smoke — that public health demands a ban on public smoking. The ordinance’s exceptions for bars and some pending “tweaks†fueled confusion and eroded support; enforcement remains a question. But it took courage to pass even the compromise, tirelessly crafted by council members Jeff Longwell and Lavonta Williams, in the face of those who declared any limit a violation of property rights. “We have to start someplace,†Mayor Carl Brewer said. This ordinance is a reasonable and welcome place to start.
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67 Comments
I want to ban drunks in public as they pose a serious danger to myself and family. And cell phone use in public needs banned as well, it pollutes my air and is way too loud and distracting. Overwieght people eating in public is very disturbing and should be banned as well. Gay people talking with straight folks is also quite appalling and ought be banned too.
Bad guys win again.
Courage?? Courage to throw away rights?
This country is populated by the world’s most ignorant and idiotic people.
OH HAPPY DAY!!!!!!!!!
“This country is populated by the world’s most ignorant and idiotic people”
…and don’t forget smokers!
It’s about time MY rights to breathe clean air were protected!!
AND you’re right to park in handicapped stalls there TOO Mary?
Yep, you’re a con.
Yes mommy … can I have another cookie? What go ask my nanny Wichita? OK… da da da da da!
Well, the council is protecting you and taking away rights to smoke that had been in place every since Wichita was founded. What else is next, or has it already happened.
I already have one mommy; I don’t need another. People will vote with their dollars on whether they want to support places that are smoke-free, we don’t need nanny to dictate personal behavior.
“Of all tyrannies a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies, The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for own good will torment us without end, for they do so with the approval of their own conscience.” — C.S. Lewis
Truer words were never spoken.
This one slipped under the radar. What does it include? What places? What is the fine?
How are restaurants that are known to have smoking sections going to cope with lost business?
Can someone sue because of this ordinance?
Although encouraging, I think they may have opened Pandora’s box, especially since the ordinance was not advertised for public debate.
I suppose you anti-government cons also object to government regulation of Wall Street by the SEC, or laws protecting National Guard members activated for overseas duty, that prevents their children from being taken away, or their homes from being foreclosed, or their jobs eliminated while they are serving their country? Our recent history is replete with examples of industry greed in the aftermath of deregulation that destroys the ability of families to be economically self-sufficient - remember Enron? How about the rampant fraud in the subprime mortgage scandal? The Savings & Loan debacle in the 80s? Jeez, you people have short memories.
It is clear that what he describes is a much older paternalistic tendency which simply found a new guise in the left wing policies of the twentieth century. The misguided desire to protect people from themselves by taking their independence from them finds different forms in different times but, interestingly, its critics always notice that it is fundamentally totalitarian.
-Janet Daley
The “he” of that last quote, BTW, is Lincoln, who wrote this:
“You cannot bring about prosperity by discouraging thrift. You cannot strengthen the weak by weakening the strong. You cannot help the wage-earner by pulling down the wage-payer. You cannot further the brotherhood of man by encouraging class hatred. You cannot help the poor by destroying the rich. You cannot keep out of trouble by spending more than you earn. You cannot build character and courage by taking away a man’s initiative and independence. You cannot help them permanently by doing for them what they could and should do for themselves.”
You’re welcome.
I have no problem with the smoking ban, not because it will help the health of the smoker, but because I won’t have to deal with second hand smoke.
“…enforcement remains a question…”
——————
The people taking pictures of those they’ve decided are parking illegally will have new duties. And those individuals will see the inside of places they would never have gone before. They’ll catch a whole new batch of crooks!
/sarcasm
It seems that they struck a decent compromise. I was in a bar with friends last night - some patrons there were smoking. No problem IMO. However, a restaurant, especially with children, is different
Of course there was never anything preventing privately owned businesses from not allowing smoking in their establishments. They could have made their businesses NON-SMOKING at any time.
Just like putting up NO GUNS signs………..
GMC70,
“I already have one mommy; I don’t need another. People will vote with their dollars on whether they want to support places that are smoke-free, we don’t need nanny to dictate personal behavior.”
Really. Ever go to the Kansas Flea Market on Meridian? Ever see all of the kids there, infants to adolescents, and have your eyes stinging from the haze of second-hand smoke?
At what point, GMC70, does society have the right to restrict the physical harms of public smoking, an act you characterize as one’s “personal behavior?”
Thanks to the Wichita City Council for the ban. It is eminently reasonable.
I can think of only one restaurant I’ve been to in the past few years that allows smoking. It isn’t going to make that much difference to me.
But this should not be a City decision. It should have been left to the individual business owners.
Ben, my apology to you if I offended last night. We did ask those around us if they had a problem. And the ventilation seemed very good.
There are quite a few restaurants around that allowed smoking (Toc’s, Fat Ernies - just to mention a few)
The sections for smoking and non-smoking were separated.
I would like to see the verbage of the ordinance and how it was written. Unfortunately, the minutes of the City Council lag about a month behind.
I already have one mommy; I don’t need another. People will vote with their dollars on whether they want to support places that are smoke-free, we don’t need nanny to dictate personal behavior.
GMC that almost sounds like your a libertarian, but somehow I doubt your for the decriminalization of victimless crimes; drugs, gambling, consusuel sex between adults, and something tells me you would oppose a strip club in butler county.
I’ve done this a few times. A good way to address this tyranny I think.
I go to a restaurant that has banned smoking. I order a large meal and give them time to start cooking it.
Then I light up.
They come and tell me to stop, I get up and leave.
No harm no foul.
Why is it that the poorest among us are also the smokers?
Get a clue. As for the ban - it’s about time. For anyone who has suffered with asthma or COPD they are well aware of the discomfort of second hand smoke.
If a business owner wants a smoking establishment he should be able to put a large sign on his door that he allows smoking. My bet is that he loses more business than he gains. Smokers are so broke from buying the smokes that they can’t afford his food.
If smoking is so bad, just ban it.
The Government can’t afford to ban smoking, tax revenue will be lost. If smoking is bad for your health, then banning it will cost more money for Social Security/Medicare as people live longer.
You Libs complaining about the Debt, should be calling for Government to REQUIRE smoking - say for anyone aged 10 and above. (After the required match/lighter safety training, of course.)
Max you might have a point. There is a late night talk show hosted by Jerry Doyle. If you are on his staff you are required to smoke ‘for the children’. The taxes on the cigs will pay for increased health care for our little ones.
This is one conservative that wishes they would ban smoking at least where other people are breathing.
In Kentucky, 12-year olds can legally smoke.
They just aren’t allowed to smoke in front of their own kids.
Fast Food should be banned too, along with any fatty and unhealthy food.
Obesity is causing Cancer, Heart-disease, Strokes, and Diabetes, and other major illnesses.
Obesity kills much more then smoking. Our Nanny Government needs to step up to the plate and protect us all from our worse enemy - ourselves!
Alcohol and drugs should be banned too. And guns, and cars, and planes, and bathtubs, and….
“For anyone who has suffered with asthma or COPD they are well aware of the discomfort of second hand smoke.”
No they aren’t. They are too busy trying to hid their own smoking. Seriously, I have known, and in my ems career treated, many copd, asthma, and emphyesema patients that still smoke. Cig in one hand, 02 in the other
ksgrm - well said - and good question. I have noticed the same thing - so many who can least afford it chain-smoke.
Max your argument about obesity while on it’s face could be right doesn’t pass the smell test - unless the fat person has BO. If I set with an obese person my lungs remain clear, if I set with a smoker not so.
LJ you are probably right unfortunately. But for those sufferers who want to breath clean air they should have the right to do so.
Ben that is so right. The accountant in me wants to work up a spreadsheet for them to show them how many thousand of dollars they put up in smoke over a years time.
Reg one thing you said that probably was just an oversight on your part was that no public hearings were held on this. There were three that I am aware of. They were going on last fall.
I think this new law is wrong. Amd misguided. And I don;t smoke. Used to, but not for about 5 years. The thing is, I suspect that if there was a big demand for nonsmoking bars and restuarants, there would be some. Apparently, there is not. Will it hurt businesses? I don;t know. Probably not, since all will have to comply, but why do the city fathers feel the need to take the chance and put them out of businesses, for allowing a legal product to be used on their own premises?
If tobacco is so bad, ban it. Make it illegal. Not as a moral issue, but as a carcinogen. If it is, then have the cajones to ban it. Do the right thing. If not, then just shut about it.
ksgrm
Posted May 7, 2008 at 11:07 am | Permalink
Reg one thing you said that probably was just an oversight on your part was that no public hearings were held on this. There were three that I am aware of. They were going on last fall.
———————–
Ah well, I guess since I had no dog in that fight, wasn’t paying attention.
My apologies to the Council Members then.
I still have concerns for the business like restaurants that have made great efforts to accomodate those who smoke.
I have a feeling there is going to be some economic suffering for these business owners.
I also wonder how many employees will be fired from their jobs when employers try to accentuate the city ordinance by implication or demand.
I have a feeling that that this can of worms is going to turn into a pit of snakes. We shall see though.
There is one critical difference between a smoking ban and other government regulations that seem to send many writers into a paranoid seizure. Smoking/tobacco is the only product that, when used as directed, is always harmful. There is no safe level of smoking, for either the smoker or those around her/him. This is significantly different than warnings placed on tools or regulating the securities industry. Even alcohol has been proven to have beneficial health effects if used in moderation. Not so with smoking. It is a case entirely apart in its potential for harm.
LJ one of the things that came out at the hearings was that business wasn’t harmed in the establishments that went smoke free. This came from cities that have had the ban for a while.
I’m not for taking away liberties but this is one of those that affects those around them more than most.
I get annoyed at the person talking on their cell phone while shopping or eating in a restaurant especially with an earpiece and you think they are talking to you when they are conversing with someone on the phone. But as annoying as this is it doesn’t harm me physically.
I would support large signs stating that a sports bar for instance is a smoking establishment and allowing exemptions for same. Having been forced to leave without finishing a nice meal that I paid for because the guy/gal at the table lit up isn’t right.
I say good for the council.
Reg if you look at the history of smokefree places I think you will see that we are late to the dance. See how comprehensive and long ago many cities in California went smokeless.
An all-out ban for public places would at least level the playing field for businesses.
I posted this elsewhere, I’ll post it here:
There is a place in town I like to go to, but the service is lousy.
I could just quit going there, but I really like the food.
Could we get the City to pass a “good service” law so I can go there?
Translation:
If a place allows things you don’t like, don’t go there. The market will rule.
For those of you who seek to eat or drink smoke free, do you frequent those places?
Good point, littlejohn. My boy works at a place that went smoke free, partly because the anti-smoking nazis persuaded the owner to do it.
They came back on the first no-smoking day.
They haven’t been back since. He thinks the owner goofed up. Business ain’t so hot now.
The market rules. Both ways.
LJ I do. We have had to make a decision between eating and breathing or just eating. We always make the choice to breath.
Fleetwood my problems come about when I am sitting eating and someone sits down at the next table and lights up. My eating pleasure has been spoiled.
As for bad service I control that with the amount of my tip especially if it is somewhere I go often.
“LJ I do. We have had to make a decision between eating and breathing or just eating. We always make the choice to breath.”
Good choice.
“Fleetwood my problems come about when I am sitting eating and someone sits down at the next table and lights up. My eating pleasure has been spoiled.”
If it’s a known smoking establishment, why even go there if you cannot breath? Only go to nonsmoking establishments. I suspect that if there were significant numbers of people desirous of such places, poof, they would be there. The fact that there are few speaks volumes. If it is only that your eating pleasure has been spoiled, mine has often been spoiled by screaming kids, whose parents are calmly ignoring them, so the screaming will not be rewarded, or, telling little JOhnny to “please use your indoor voice”.
I hate eating with people talking on their cell phones and screaming kids. Maybe we need an ordinance making kid and phone free zones
ksgrm
Posted May 7, 2008 at 11:21 am | Permalink
Reg if you look at the history of smokefree places I think you will see that we are late to the dance. See how comprehensive and long ago many cities in California went smokeless.
————————-
Well ksgrm, not sure I would want to model anything that Hollyfornia does.
They have some the highest taxes, prices and debt in the nation.
“As for bad service I control that with the amount of my tip especially if it is somewhere I go often.”
Thank you for making my point. We (the market) do control what businesses do. If they allow smoking, DON’T GO THERE!
The anti’s don’t have a right to force businesses to make everything hunky dory.
This isn’t over. Some council folks might lose their jobs. I hope.
The market rules. Let it.
I actually sympathize with those who do not want second hand smoke to spoil their dinner, or spoil their breathing. BUt,
REsturants and such are on private property. The property owner, or the lessee, should be allowed to decide what legal activity is allowed on the property he controls and pays for. It’s called freedom. If there are a majority of customers that agrees with his decisions, and he manages it well, he will prosper. If the majority of cutomers disagree with his decisions, he will not. Or should not. They (those who disagree with his decisions) should take thier business elsewhere more in line with their thinking. As those businesses prosper, others will emulate them. The fact that there are few bars or resturants that are smoke free, speaks volumes to the demand of such establishments.
Tom the phones not so much unless they start to argue with the person they are talking to. The kids well that is another story - people who allow their children to scream and throw food and disrupt the peace of the entire restaurant should be asked to leave. May be a little extreme but best for the customers and the kid. If they aren’t socialized don’t inflict punishment on the rest of world for your failures.
Fleetwood I actually agree with that logic. The market will rule.
Reg when was the last time you were in an airport that allowed smoking? Recently while traveling we have been in SeaTac, Ohara, DCDulles, Atlanta, St Louis - none of these allow smoking. I still think we are late to the party.
Hope the vote holds. Afterall it doesn’t ban all smoking like many cities have done. It allows the business to make their own rules about it. If they serve 18 and under they must be smoke free.
BlueJay
Posted May 7, 2008 at 10:23 am | Permalink
“I’ve done this a few times. A good way to address this tyranny I think.
I go to a restaurant that has banned smoking. I order a large meal and give them time to start cooking it.
Then I light up.
They come and tell me to stop, I get up and leave.
No harm no foul.
Uh-huh. After they’ve started your meal. And you know that, of course, that’s the point.
JR, I’ve always thought you were just self-rightous and arrogant to the point of ingratiating. And we probably agree on this issue. But - this comment makes your true nature clear.
You’re just an ass.
If I were a restaurant owner, I would welcome the law. Now they won’t have to make the choice as to whether to allow smoking or not. Either choice they make would undoubtedly P-O customers. Now smokers can be mad at the city.
Or worse yet, they could continue with the weak compromise of smoking and nonsmoking sections, which, of course, don’t work at all.
ksgrm
Posted May 7, 2008 at 12:09 pm | Permalink
Reg when was the last time you were in an airport that allowed smoking? Recently while traveling we have been in SeaTac, Ohara, DCDulles, Atlanta, St Louis - none of these allow smoking. I still think we are late to the party.
——————————————–
Been a long while ksgrm.
However, I try not to eat Airport food and the area is big enough to have ‘filtered’ areas for ‘white knucklers’ imbibing smoke before they take off in big metal or composited material tubes.
I wonder if people know that automobiles put far more cancer causing agents into the air than a cigarette ever will
The differeence Tom is that in the case of smoking we are looking at enclosed areas that concentrate the smoke.
“At what point, GMC70, does society have the right to restrict the physical harms of public smoking, an act you characterize as one’s “personal behavior?”
That’s easy.
In PUBLIC places, whenever the polity decides to do so. But bars and restaurants are not public places; they are private places of business, capable of running their business, for the most part, as they choose. If there is a demand for smoke-free accomodations, the market will deal with it. I notice The Shadow is going smoke-free; we’ll see if it hurts or helps their business, or if it matters at all. More important, it was THEIR choice to do so, not the nanny state’s.
The airport example cited by someone above does not apply, of course, because airports are run by cities as public facilities, not private ones; further, common carriers, even private ones, traditionally accept much more public regulation.
Detroit now makes ashtrays and lighters optional, not standard. They’ve recognized where the market has gone. Don’t like the air at the Kansas Flea Market? Concerned about your kids there? Don’t go. If enough don’t go, the operators will either change the rules, or fail, and another will take its place.
More interesting question, CF: We both know that nearly everything we do has at least some impact on others or society as a whole. Is no part of my life off limits of the nanny state? Where do we recognize that enough is enough, and I am entitled to do what is bad for me whether society likes it or not, even accepting some social cost?
GMC dont you earn your living by enforcing nanny state laws and punishing people for their personal choices. If you really beilive that the government is bad why not be on the other side and fight against rather than be part of it? Using your logic in a broad sense one should be able smoke weed in their homes, or play dice and poker, or hire an escort, or any number of actives while illegal are victimless.
TomPaine,
BINGO.
GMC70,
Are children in a position to avoid secondhand smoke if their parents choose to patronize the Kansas Flea Market? And if not, GMC70, does that not invalidate the conceit of your argument that the principle that ought to govern such decisions is some version of supply and demand or “individual liberty?”
You also insert the interesting qualification that “they are private places of business, capable of running their business, for the most part, as they choose.” “For the most part.” Hmmm.
So, GMC70, why should the City of Wichita regulate public health in the sphere of food preparation, for example, and not in the sphere of second-hand smoke? If you want to argue that people don’t CHOOSE to eat contaminated food, I could invoke numerous counterarguments, a recent one of which pertains to the “market” for unpasturized whole milk. If people want to consume food that could possibly make them sick, GMC70, is that cool with you? Caveat emptor? Or suppose they want their children to consume that whole milk, which contains e.coli that is much more risky for children than adults: what then? Are parents entitled to put their children in jeopardy? And if you think they should not be in this case, then why would you allow it in the case of secondhand smoke?
In short, GMC70, I think your “private/public” distinction falls far short of the work you want for it to accomplish. I am no fan of the nanny state; but second-hand smoke is sufficiently destructive that I believe the concern for the health of children, in “private” facilities that are open to all members of the general public, trumps the concern over the “right” of adults to act in a way that contaminates the same.
If that makes me an advocate of the Nanny State, GMC70, then the obvious riposte is to ask whether YOU are cool with the Fed’s assertion of broad, unregulated surveillance and data-mining operations directed at American citizens.
Finally, there isn’t an obvious answer to your question. But here, I think Mill gets it right:
“As soon as any part of a person’s conduct affects prejudicially the interests of others, society has jurisdiction over it, and the question whether the general welfare will or will not be promoted by interfering with it, becomes open to discussion. But there is no room for entertaining any such question when a person’s conduct affects the interests of no persons besides himself, or needs not affect them unless they like (all the persons concerned being of full age, and the ordinary amount of understanding). In all such cases there should be perfect freedom, legal and social, to do the action and stand the consequences.” “On Liberty,” Ch. IV.
And a little further, Mill says this: “All errors which he is likely to commit against advice and warning, are far outweighed by the evil of allowing others to constrain him to what they deem his good.”
Doesn’t seem overly complicated to me, GMC70. To put it in an example, growing pot in basement for person use = OK; cooking meth in bathtub for sale = not OK.
I’ve done this a few times. A good way to address this tyranny I think.
“I go to a restaurant that has banned smoking. I order a large meal and give them time to start cooking it.
Then I light up.
They come and tell me to stop, I get up and leave.
No harm no foul.”
How mature of you, JR. I can’t believe all the whining and bitching by you smokers…just take it outside, do you have no self discipline at all?
I went into TJ’s yesterday, they always fill up at noon, only two people in the entire place were rude enough to light up. The smoking ban won’t hurt their business one bit.
I don’t even remember the last time I went into a restaurant where they allowed smoking with the exception of Ryans. I notice there never seems to be anybody in their smoking section. Since you can’t smoke in most restaurants, what’s the big deal?
Note: There’s one REAL study that links second-hand smoke with any kind of health problems. The study is flawed. Most of the second-hand smoke flak goes back to that study.
The smell of cigarette smoke isn’t that bad. No worse than car exhaust, or that stinky perfume you’re wearing, or your foul breath.
If you smoke, you need to quit. As a smoker, you’re one of the few classes of people that can be discriminated against.
“The smell of cigarette smoke isn’t that bad”…maybe not to you, I can’t stand it and I’ve developed an allergy to it. All I have to do is be around it for a short while and I start coughing, my eyes swell, and I feel like I’ve been hit over the head with a hammer. Even my patients know better than to smoke around me..but just going into their homes with the smell is enough to make me sick if I stay too long.
And I really get frustrated that the poorest people smoke, then the taxpayers are forced to pay for the treatment for their cigarette related illnesses, and it’s all totally preventable.
I’m overjoyed with the smoking ban…the only way I’d be happier is if Obama won Indiana also yesterday.
“and I start coughing, my eyes swell, and I feel like I’ve been hit over the head with a hammer.”
I feel like that in the morning Mary, wonder if someone is sneaking in at night and smoking.
(Just kidding)
I wish the city would next ban freaky and goofy looking people from restaurants. They make me plain uncomfortable, and I have a RIGHT to be comfortable, everywhere, anywhere and always, after all, I’m entitled.
Freaky and goofy looking people won’t give you cancer, Box.
Maybe if you wake up that way each morning, maybe you need to cut back your drinking the night before.
And I AM entitled to breathe clean air…your “rights” stop where mine begin.
“Freaky and goofy looking people won’t give you cancer, Box.”
How do you know Mary….it’s never been studied. At one time they didn’t know cigarette smoke would either. And they tend to make my face wrinkle up.
“And I AM entitled to breathe clean air…your “rights” stop where mine begin.”
But what about when your’s infringe on mine?
By the way, I don’t smoke or drink. I’m pretty boring. No comment now!
I’d like to reassure my friend CF.
My son has grown up around my smoking. He has suffered no ill effects.
Would you next ban me from smoking in my truck driving with my son next to me?
I am a VERY considerate person and smoker. When I was in the National parks, I put out my cigarettes and then put the remains in my pocket for later disposal. As I have said before, I tend to treat people how they treat me.
If you don’t like it, go where they don’t allow smoking or take it out. I know you didn’t smell one bit the smoke from those two people.
Whiners, you won’t get cancer from minimal exposure.
Blue Jay,
Actually, I grew up with two smoking parents. It was a good day for each of them when they quit.
My point was to push on GMC70’s qualification that private businesses are free “for the most part” to run their businesses as they choose. Given that this qualification seems to license government intervention, notably with respect to food safety, I was pointing out the inconsistency in GMC70’s argument by which the public is entitled to prevent harm in some cases but not in others; hence the comparison between preventing people from eating dangerous foods versus smoking.
The issue of parenting, on its own terms, is distinct from the counterfactual arguments I was offering about the double effect of one’s actions on the children of others, though the food issue complicates this somewhat.
“My point was to push on GMC70’s qualification that private businesses are free “for the most part” to run their businesses as they choose. Given that this qualification seems to license government intervention, notably with respect to food safety, I was pointing out the inconsistency in GMC70’s argument by which the public is entitled to prevent harm in some cases but not in others; hence the comparison between preventing people from eating dangerous foods versus smoking”
I would guess that the very much visible “people smoking” hazard and the very much invisible “Unsafe Food” hazard is very much different and the nanny government has a greater interest in dangers unseen and unable to be detected, than those where people can see the “danger” and simply go elsewhere. Your analogy does not hold up, in my opinion
This topic brought to you by Newport Menthol Cigarettes.
1970s commercial on Newport Cigarettes to the theme of “Born Free.”
http://youtube.com/watch?v=NrVAIMouuZY
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