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Spotlight on Montgomery County
Culture/Society
Source: Moscow Times
Published: November 26, 2001 Author: Matt Bivens

OLNEY, Maryland -- This column is usually advertised as written from
Washington. But technically, I'm usually in the suburbs of Montgomery County,
Maryland. Until this week, I thought, "Well, close enough," and simply
datelined it Washington. But this was the week when Montgomery County decided
anonymity wasn't good enough anymore. No, our county leaders have resolved to
stand up and face -- no, seek out and demand -- international ridicule.

On Tuesday, our County Council adopted new air quality standards under which,
if the neighbors complain, a citizen can be fined up to $750 for ... smoking
at home.

As one County Council member explained to The Washington Post, "This does not
say that you cannot smoke in your house. What it does say is that your smoke
cannot cross property lines."

Russians always used to ask me things like: Is it true Americans won't give
their children a single penny after they turn 18? Is it true the police come
to your home to make you stop smoking? Is it true feministki in black
eyepatches and with knives clenched in their teeth have seized control of
your government? I have always replied with a laugh that none of these things
is even remotely true.

And now, here we are. All for a "new" rule that in fact changes nothing.
After all, in those rare cases where another home's cigarettes truly are an
irritant -- say, in poorly ventilated apartment complexes -- tenants can
already complain under general nuisance laws, which govern loud parties and
other bad-neighbor problems.

Montgomery County, a bedroom community for Washington professional workers,
is one of the most affluent counties in the nation. Most people here,
particularly those who bother to vote for or serve in county government, live
in free-standing homes surrounded by a little lawn moat. Such people will
never have to worry about cigarette smoke migrating to the neighbor's castle
next door. Instead, this law exclusively regulates the behavior of the
county's less-well-off service sector workers -- the dishwashers, the
manicurists, the lawn-care men -- who live in apartments and townhouses. It's
a classic case of do-gooders who are above their own medicine.

Being fined for smoking at home would, at least, be of-a-piece with the
national spirit these days. Every week the federal government brings in more
state secrecy and expands arbitrary state police power. Attorney General John
Ashcroft has decreed that law officers can now eavesdrop on conversations
between lawyers and clients and has called for rounding up 5,000 immigrants
who fit "a set of generic parameters" (?) -- a plan so dim and desperate
sounding that local police chiefs are muttering in rebellion.

Already we've got hundreds of such "generic parameter" detainees in jail. The
government will neither charge them nor identify them nor even tell us how
many there are. (In high school, I wrote a paper about this: It was known as
Attorney General Mitchell Palmer's "Red Scare," the post-World War I
detentions of thousands of suspected radicals. I thought it was ancient
history.)

So maybe there's a bright side to this don't-smoke-at-home nonsense. Often
it's the local injustices that raise our ire. As word gets out about this
one, perhaps it will remind us why Americans are suspicious of unchecked,
unchallenged leadership. Not for nothing have we spent centuries of energy
and passion trying to control government -- because the alternative is to
have it control us instead.


Matt Bivens, a former editor of The Moscow Times, is a Washington-based
fellow of The Nation Institute


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