The Joplin Globe, Joplin, MO

Opinion

November 1, 2010

William L. Edwards, guest columnist: Smoking is not a ‘property right’

JOPLIN, Mo. — Thirty years ago I would have agreed that pursuing a ban on workplace smoking would be controversial.

 However, the other night I heard at least two Joplin City Council members agree that smoking in business establishments was indeed a business owner’s “property right.”

 It would be almost laughable if it weren’t so tragic.  The cold hard fact is that a slim majority of Joplin’s City Council members are lost in time when it comes to making decisions based on scientific fact in order to protect the public from secondhand smoke. Rather than look at the existing science related to the dangers of secondhand smoke these members looked back in time again and again for ways to justify their personal beliefs.  

Three of the council members stated that patrons should simply “vote with their feet” if they didn’t like smoking in restaurants.

“Let the market decide” was another answer. One council member argued repeatedly that he was told by one owner that “all the waitresses but one” smoked at that restaurant. His argument was that the overwhelming majority of waitresses and bartenders smoke and therefore are not worthy of any ordinance to protect the public health. These responses merit those council members for lifetime membership in the Flat Earth Society. After two sessions of back and forth on these issues, the end result was that the council played the role of Pontius Pilate, washing its hands of the matter and turning it over to the voters.    

The reality is that business has no implied property right to allow smoking in their establishments. That is for the local or state jurisdictions to decide, whether done by the legislative process or voter referendum. The original ordinance, proposed by Smoke-Free Joplin would ban smoking in all workplaces, including restaurants, bars and private clubs, and public outdoor patios. In my opinion, whether to ban smoking in outdoor seating should be the only area of legitimate debate.  

Clearly, over the past 20 years, there has been an enormous accumulation of evidence that exposure to indoor secondhand smoke is a health risk. It is much less clear as to the risk of exposure to secondhand smoke in an outdoor setting. This is not to say that there isn’t any risk. It simply isn’t known at this time. In 1990, the risk of secondhand smoke in indoor environments had only begun to be understood. In 2010, we have a much clearer picture of the dangers of secondhand smoke. In 1964, the American public was stunned by the findings of the Surgeon General’s Report on Smoking and Health. The tobacco industry tried for decades to “debate” the science. Yet, in 2010, no reasonable person disputes the findings or the science that smoking kills when used as intended. The only people who disputed the findings were engaged in a business or enterprise that in some way profited from the sale or continued use of tobacco.  

The Joplin City Council must decide the final form of this ordinance that will go before the voters. I suggest that the only negotiable item on the proposed ordinance is whether a local smoking ban should include the outdoor seating areas of restaurants and bars.         



William L. Edwards is co-chairman Smoke-Free Joplin.

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