In a message dated 5/11/2004 6:51:25 PM Central Standard Time, 
[EMAIL PROTECTED] writes:
1. Your place is a public accommodation, and as such, has an obligation not 
to 
disciminate - against nonsmokers as much as a person of color, which I'm sure 
you do not.

I've been staying on the sidelines with this because many capable people are 
writing in, but when people start comparing smoking as a form of 
discrimination against nonsmokers comparable to that of discrimination experienced by 
people of color, I know it's time wedge in a bit, because that's like the 
difference between shooting a bullet and throwing it.

On to the main issue of who has a right to be where, and I've got to agree 
with Mike Hohman on this in that it's about choice.

When the argument rises up there will be no affect on business and yet no one 
offers any form of proof, I'm a little confused, however, my wife's 
restaurant in Duluth did lose business when they enacted their smoking ban to 
Wisconsin 
(as has already been stated earlier).  In addition, according to the 
President of Californians for Smokers Rights (I think it's pretty obvious where they 
come down on this argument), there was an increase in sales which is where many 
people get the idea that it doesn't affect businesses, but when you look a 
little closer, you find that the increase in business is largely the fast food 
industry.  Fast food outdistanced the overall economy increase, but restaurants 
and bars lagged behind, and even decreased in licensing, meaning that 
businesses closed during this overall economic increase.

When the argument arises about the health of non-smokers, I noticed no one 
seems to be talking about the health of smokers as far as addiction.  I'm a 
non-smoker and I think it's sad (sad-funny that is) watching my smoking friends 
huddle in the entranceway dealing with the addiction.  I support non-smoking 
offices and public venues like libraries and courthouses, but there's a 
difference between being open to the public and being a public venue.  And no one 
seems 
to be that concerned about the compounded effect of smoking rooms, outdoor 
designated areas and addiction.  We're not doing anything to help them kick the 
habit, but we will compact them into areas or force them out of venues for 
non-smoker's rights.  More importantly as this is an addiction, no one seems to 
be talking about the additional impact of when we shove them outside in the 
snow, rain or other inclement weather and the effect that will have on their 
health.

And before you start talking about everyone's right to breathe, read Doug 
Grow's article.  How do you ethically push for a restaurant and bar ban, but 
allow industry and vehicles to keep pumping their toxins into the air.

I'm not a Libertarian, I just believe in having a consistent ethic and not 
half-steppin'.

And finally, when we get down to "freedom" to go everywhere, how many people 
were really holding off on going to the Hard Times or other restaurants 
because of the smoking?  Not "you would visit downtown more", but who really has a 
restaurant they've been dying to go to, but are boycotting because of smoking?  
As we start talking about the effects that places have, or we going to start 
banning anything that has a negative effect?  Will the Saloon and the 90s now 
have to ban interaction between GLBT couples because diehard religious nuts 
say that it is morally wrong and they can't be around it, and therefore can't 
go?  Are we going to tell the Christian nightclubs that they must now be secular 
because Muslims and Buddhist are prevented from entering because of their 
doctrine?  Do we have restaurants stop serving alcohol because alcoholics cannot 
patronize them because of the danger?  Or do Thai restaurants have to stop 
cooking their dishes because a person is allergic to curry and therefore can't be 
in the restaurant? Where does it end?

To be clear and fair, none of those things has the same identifiable impact 
as second-hand smoke, but it's not a valid argument to say that non-smokers are 
being discriminated against because they don't choose to patronize places 
with smoking because of the smoke, but those with addictions should just get over 
it.

I can support tax incentives for non-smoking businessed or permits for 
smoking businesses and non smoking public venues, but where you patronize is a 
choice.  If someplace is smoking and you don't like it, then don't go.  Take your 
business elsewhere, but deciding for other people where it is they can be is 
just wrong.

Jonathan Palmer
Victory
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