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	<title>Comments on: Power to the “Beer” People</title>
	<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/</link>
	<description>Just another Thegazz.com weblog</description>
	<pubDate>Thu,  8 Jan 2009 12:02:08 +0000</pubDate>
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		<title>by: Rich Ireland</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2856</link>
		<pubDate>Fri, 22 Aug 2008 23:50:22 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2856</guid>
					<description>We will have to agree to dis-agree... I think if the substance remains legal and there is a desire to have smoking clubs, then it should be allowed in the way I propose. Nobody gets hurt that doesnt want to be...

Getting to the slippery slope argument, the reasoning that will be used to ban fatty foods (and it's already been tried, and I beleive "in force" in NYC in the way of a trans-fat ban) is the "Nanny State", public health argument. 

God help us if we start depending on the Government for our health care, then it truly will be in the public interest as to what I do, what I ingest and how much I do it... I have already seen quite a bit of movement by neo-prohibitionists against my favorite vice. I am glad a few folks are making some sense in discussing lowering the 21 year old drinking age.</description>
		<content:encoded><![CDATA[<p>We will have to agree to dis-agree&#8230; I think if the substance remains legal and there is a desire to have smoking clubs, then it should be allowed in the way I propose. Nobody gets hurt that doesnt want to be&#8230;</p>
<p>Getting to the slippery slope argument, the reasoning that will be used to ban fatty foods (and it&#8217;s already been tried, and I beleive &#8220;in force&#8221; in NYC in the way of a trans-fat ban) is the &#8220;Nanny State&#8221;, public health argument. </p>
<p>God help us if we start depending on the Government for our health care, then it truly will be in the public interest as to what I do, what I ingest and how much I do it&#8230; I have already seen quite a bit of movement by neo-prohibitionists against my favorite vice. I am glad a few folks are making some sense in discussing lowering the 21 year old drinking age.
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		<title>by: Rudy Panucci</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2854</link>
		<pubDate>Fri, 22 Aug 2008 20:32:32 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2854</guid>
					<description>I appreciate that you acknowledge that the use of Nazi imagery is beyond the pale. It does nothing but undercut your argument. 

What we have here is a conflict among the Libertarian philosophies at work. 

My take is that the owner of a private business, who wants to do business in the public sector, must abide by public codes and bylaws.  We do not allow a bar to discriminate on the basis of race, creed, or color, nor do we allow them to operate in buildings that are not up to code or sanitary. 

No one is forcing a bar owner to operate a public business, but in the best interest of the public, those that choose to do so must observe the laws of the land. 

Smokers are not entitled to indulge in their habit anywhere they please.  Cigarettes cannot be used properly without spewing harmful chemicals into the air.  You simply cannot subject innocent people to that. Your right to smoke in public ends at MY NOSE.  

I should be at liberty to go anywhere open to the public and breathe clean air (or at least tobacco-free air, if it's a blue haze day). 

It's common knowledge that the whole "private club" thing is a ruse to get around archaic blue laws.  So-called "private clubs" are still conducting business in the public sector and are subject to the law like anyone else. That point is a non-issue. 

Anyone has the freedom to start a smoking establishment--they just can't do it as a commercial endeavor.  Going back to my "smoking should be no more legal than sex" bit, you can screw anyone you want--you just can't charge for it.  Smokers should gather at their houses and smoke like fiends if they want.  I don't have any problem with that. 

But I should be able to walk into any public place without beind subjected to tobacco fumes. 

My personal take is that I have been to the mountaintop and I have seen the (smoke-free) other side.  If the smoking ban is overturned, I will stop shooting segments for Radio Free Charleston in bars that allow smoking, and I won't publicize shows in those bars in PopCult. I've had seven weeks of freedom, now.  I can go to the Blue Parrot or The Empty Glass and not have to spend the next three days mainlining allergy medicine. I will NOT go back to the way things were before the ban. 

As for smoking outdoors--that should be banned next.  

The slippery-slope argument is also bogus.  This will not lead to a ban on junk food.  You can eat junk food without getting the person next to you fat. That's another smokescreen to divert from the main issue--there is not one valid reason why smoking should be legal!  

Some day in the future, people will look back at the way people smoked in public and consider it barbaric.  

That day can't get here soon enough for me.</description>
		<content:encoded><![CDATA[<p>I appreciate that you acknowledge that the use of Nazi imagery is beyond the pale. It does nothing but undercut your argument. </p>
<p>What we have here is a conflict among the Libertarian philosophies at work. </p>
<p>My take is that the owner of a private business, who wants to do business in the public sector, must abide by public codes and bylaws.  We do not allow a bar to discriminate on the basis of race, creed, or color, nor do we allow them to operate in buildings that are not up to code or sanitary. </p>
<p>No one is forcing a bar owner to operate a public business, but in the best interest of the public, those that choose to do so must observe the laws of the land. </p>
<p>Smokers are not entitled to indulge in their habit anywhere they please.  Cigarettes cannot be used properly without spewing harmful chemicals into the air.  You simply cannot subject innocent people to that. Your right to smoke in public ends at MY NOSE.  </p>
<p>I should be at liberty to go anywhere open to the public and breathe clean air (or at least tobacco-free air, if it&#8217;s a blue haze day). </p>
<p>It&#8217;s common knowledge that the whole &#8220;private club&#8221; thing is a ruse to get around archaic blue laws.  So-called &#8220;private clubs&#8221; are still conducting business in the public sector and are subject to the law like anyone else. That point is a non-issue. </p>
<p>Anyone has the freedom to start a smoking establishment&#8211;they just can&#8217;t do it as a commercial endeavor.  Going back to my &#8220;smoking should be no more legal than sex&#8221; bit, you can screw anyone you want&#8211;you just can&#8217;t charge for it.  Smokers should gather at their houses and smoke like fiends if they want.  I don&#8217;t have any problem with that. </p>
<p>But I should be able to walk into any public place without beind subjected to tobacco fumes. </p>
<p>My personal take is that I have been to the mountaintop and I have seen the (smoke-free) other side.  If the smoking ban is overturned, I will stop shooting segments for Radio Free Charleston in bars that allow smoking, and I won&#8217;t publicize shows in those bars in PopCult. I&#8217;ve had seven weeks of freedom, now.  I can go to the Blue Parrot or The Empty Glass and not have to spend the next three days mainlining allergy medicine. I will NOT go back to the way things were before the ban. </p>
<p>As for smoking outdoors&#8211;that should be banned next.  </p>
<p>The slippery-slope argument is also bogus.  This will not lead to a ban on junk food.  You can eat junk food without getting the person next to you fat. That&#8217;s another smokescreen to divert from the main issue&#8211;there is not one valid reason why smoking should be legal!  </p>
<p>Some day in the future, people will look back at the way people smoked in public and consider it barbaric.  </p>
<p>That day can&#8217;t get here soon enough for me.
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		<title>by: Rich Ireland</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2850</link>
		<pubDate>Fri, 22 Aug 2008 13:32:08 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2850</guid>
					<description>By the way... Your last comment about the smokers walking outside to smoke. That should not be allowed if "outside" means along a sidewalk or other public thorofare. We should keep them indoors at the "smoking lounge"</description>
		<content:encoded><![CDATA[<p>By the way&#8230; Your last comment about the smokers walking outside to smoke. That should not be allowed if &#8220;outside&#8221; means along a sidewalk or other public thorofare. We should keep them indoors at the &#8220;smoking lounge&#8221;
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		<title>by: Rich Ireland</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2849</link>
		<pubDate>Fri, 22 Aug 2008 13:27:44 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2849</guid>
					<description>Red, I understand the reasoning that has been used to force these bans. A few years ago, the original reasoning was "public health", that was when the regulations only applied to restaurants (worker protection was never raised). I thought it was kind of funny that the health dept. didn't give a crap about those heathen bar patrons at that time (using their reasoning). They finally figured out an angle to go after bars. "Protect the Workers", yeah that's it, lets go with that... Tell me how much more risk does a smoker take-on when they work in an establishment that allows smoking? Can you even quantify how much risk a non-smoker takes-on? The science is not exactly carved in stone, though I would agree that there is some risk. There is risk in nearly every job, just ask a nidnight clerk at a convenience store in downtown Detroit, or a cab driver in any major US city.

Look... The point I am trying to make is that these "zero tolerance" bans are an unnecessary over reach by un-elected bureaucrats. There is a way to allow the entity of "smoking lounges" or even "smoking restaurants". The current ban extends to private clubs like the Moose Lodge. If smoking were allowed to exist by permit, they would generate even more tax revenue and fill an obvious demand in the marketplace and we would never have to go inside of one...</description>
		<content:encoded><![CDATA[<p>Red, I understand the reasoning that has been used to force these bans. A few years ago, the original reasoning was &#8220;public health&#8221;, that was when the regulations only applied to restaurants (worker protection was never raised). I thought it was kind of funny that the health dept. didn&#8217;t give a crap about those heathen bar patrons at that time (using their reasoning). They finally figured out an angle to go after bars. &#8220;Protect the Workers&#8221;, yeah that&#8217;s it, lets go with that&#8230; Tell me how much more risk does a smoker take-on when they work in an establishment that allows smoking? Can you even quantify how much risk a non-smoker takes-on? The science is not exactly carved in stone, though I would agree that there is some risk. There is risk in nearly every job, just ask a nidnight clerk at a convenience store in downtown Detroit, or a cab driver in any major US city.</p>
<p>Look&#8230; The point I am trying to make is that these &#8220;zero tolerance&#8221; bans are an unnecessary over reach by un-elected bureaucrats. There is a way to allow the entity of &#8220;smoking lounges&#8221; or even &#8220;smoking restaurants&#8221;. The current ban extends to private clubs like the Moose Lodge. If smoking were allowed to exist by permit, they would generate even more tax revenue and fill an obvious demand in the marketplace and we would never have to go inside of one&#8230;
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		<title>by: Raging Red</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2848</link>
		<pubDate>Fri, 22 Aug 2008 04:38:45 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2848</guid>
					<description>"Oh, look at how much money smokers tax puts in to our infrastucture. Where is the loss of revenue going to come from??? Thin air??"

They didn't ban cigarettes.  How does the smoking ban affect the cigarette tax?

And smokers still have freedom of choice.  They can choose to walk outside and smoke.</description>
		<content:encoded><![CDATA[<p>&#8220;Oh, look at how much money smokers tax puts in to our infrastucture. Where is the loss of revenue going to come from??? Thin air??&#8221;</p>
<p>They didn&#8217;t ban cigarettes.  How does the smoking ban affect the cigarette tax?</p>
<p>And smokers still have freedom of choice.  They can choose to walk outside and smoke.
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		<title>by: Raging Red</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2847</link>
		<pubDate>Fri, 22 Aug 2008 04:35:20 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2847</guid>
					<description>"Just remember… Today the issue is smoking, tomorrow it could be your favorite vice; drinking, eating fatty foods or any other legal activity that falls out of favor with the public. Put your likes or dis-likes aside when pondering these issues."

Rich, the smoking ban isn't intended to protect the smokers, it's intended to protect the non-smokers (and employees).  Unless scientists discover that it's possible to transfer second-hand fat from a Big Mac eater to a non-Big Mac eater, your comparison doesn't hold water.  A person eating a cheeseburger isn't affecting anyone else's health.  A person drinking himself into a stupor isn't affecting anyone else's health.  The smoking ban isn't intended to protect the smokers' health.</description>
		<content:encoded><![CDATA[<p>&#8220;Just remember… Today the issue is smoking, tomorrow it could be your favorite vice; drinking, eating fatty foods or any other legal activity that falls out of favor with the public. Put your likes or dis-likes aside when pondering these issues.&#8221;</p>
<p>Rich, the smoking ban isn&#8217;t intended to protect the smokers, it&#8217;s intended to protect the non-smokers (and employees).  Unless scientists discover that it&#8217;s possible to transfer second-hand fat from a Big Mac eater to a non-Big Mac eater, your comparison doesn&#8217;t hold water.  A person eating a cheeseburger isn&#8217;t affecting anyone else&#8217;s health.  A person drinking himself into a stupor isn&#8217;t affecting anyone else&#8217;s health.  The smoking ban isn&#8217;t intended to protect the smokers&#8217; health.
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		<title>by: Tim</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2846</link>
		<pubDate>Wed, 20 Aug 2008 01:26:11 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2846</guid>
					<description>Maybe the Nazi thing is a little extreme. But, I do see some similarities. What about the smoker's right not to be castigated, scapegoated &#38; demonized?  Smokers have the right to be treated like humans.
Parks are public areas. Thousands of acres of woodlands off limits. Sounds a little extreme.</description>
		<content:encoded><![CDATA[<p>Maybe the Nazi thing is a little extreme. But, I do see some similarities. What about the smoker&#8217;s right not to be castigated, scapegoated &amp; demonized?  Smokers have the right to be treated like humans.<br />
Parks are public areas. Thousands of acres of woodlands off limits. Sounds a little extreme.
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		<title>by: Rich Ireland</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2844</link>
		<pubDate>Tue, 19 Aug 2008 19:21:13 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2844</guid>
					<description>Tim, I take the blame for using the word "Nazi" in my posting. Maybe I should have just said "anti smoking zealots". 

I don't see where Rudy is going too extreme against smokers. He has every expectation and right to be free from smoke while in a public place. I want the same freedom. We simply have a disagreement on what constitutes a public place and also worker protections within smoking establishments. 

I have tried to reason with the health department a long-time ago just as they were carving out this slippery slope. They had a stacked house of speakers from every anti-smoking org. in the US, but did not even touch on the real issue of the rights of business owners. All I heard was how terrible smoking is and how someone had an aunt in an iron lung etc. They would not let me speak because I did not call ahead and get on a speakers list, OK... But then they would not let me speak even after all listed speakers were finished and there was still alotted time for speakers as per the agenda. They did not want to hear opposing views. I was there to represent the views of my in-laws who own and operate a restaurant in the area, so I was not just a rabble rouser (though there is nothing wrong with that...)</description>
		<content:encoded><![CDATA[<p>Tim, I take the blame for using the word &#8220;Nazi&#8221; in my posting. Maybe I should have just said &#8220;anti smoking zealots&#8221;. </p>
<p>I don&#8217;t see where Rudy is going too extreme against smokers. He has every expectation and right to be free from smoke while in a public place. I want the same freedom. We simply have a disagreement on what constitutes a public place and also worker protections within smoking establishments. </p>
<p>I have tried to reason with the health department a long-time ago just as they were carving out this slippery slope. They had a stacked house of speakers from every anti-smoking org. in the US, but did not even touch on the real issue of the rights of business owners. All I heard was how terrible smoking is and how someone had an aunt in an iron lung etc. They would not let me speak because I did not call ahead and get on a speakers list, OK&#8230; But then they would not let me speak even after all listed speakers were finished and there was still alotted time for speakers as per the agenda. They did not want to hear opposing views. I was there to represent the views of my in-laws who own and operate a restaurant in the area, so I was not just a rabble rouser (though there is nothing wrong with that&#823 <img src='http://thegazz.com/gblogs/beerstoyou/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' />
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		<title>by: Tim</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2843</link>
		<pubDate>Tue, 19 Aug 2008 17:24:17 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2843</guid>
					<description>I agree with Rich, it all about chipping our rights away. The Board role shoule be to enforce thr rules, codes &#38; laws promulgated by an elected body. Not made up on a whim by someone. Also, there is a thing called freedom of choice. It appears Rudy doesn't belief in it. It appears he beleifs govt should rule every aspect of our lives.
Oh, I guess we should put Stars of David &#38; ship those evil smokers to the concentration camps or Gulags. Right Rudy!!!

Oh, look at how much money smokers tax puts in to our infrastucture. Where is the loss of revenue going to come from??? Thin air??</description>
		<content:encoded><![CDATA[<p>I agree with Rich, it all about chipping our rights away. The Board role shoule be to enforce thr rules, codes &amp; laws promulgated by an elected body. Not made up on a whim by someone. Also, there is a thing called freedom of choice. It appears Rudy doesn&#8217;t belief in it. It appears he beleifs govt should rule every aspect of our lives.<br />
Oh, I guess we should put Stars of David &amp; ship those evil smokers to the concentration camps or Gulags. Right Rudy!!!</p>
<p>Oh, look at how much money smokers tax puts in to our infrastucture. Where is the loss of revenue going to come from??? Thin air??
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		<title>by: Rich Ireland</title>
		<link>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2842</link>
		<pubDate>Tue, 19 Aug 2008 13:47:55 +0000</pubDate>
		<guid>http://thegazz.com/gblogs/beerstoyou/2008/08/18/power-to-the-%e2%80%9cbeer%e2%80%9d-people/#comment-2842</guid>
					<description>Thanks for your comments Rudy. Yes, I do value personal property rights. Restaurants and bars are not public property, they are private businesses. 

I did not say that the Health Department should be out of the picture here (though I do challenge the fact that they be allowed to enact laws without a roll call of elected officials- (Don't sublease my rights to an unelected board))The Health Dept. has a responsibility within a certain scope; my beleif is that that they have over-reached. What is the problem with a bar that clearly states that smoking is allowed? You don't have to go in there or work there! What if the board decides that red meat is unhealthy and restaurants can no longer serve it? 

As for your drugs (meth) argument, those are illegal substances, tobacco is not. At least if tobacco was banned as a substance, it would go through an exhaustive legislative process where the legislators had to go "on the record" with their vote. 

Do you know how your legislator stands on the smoking issue vs private business issue? I don't because he/she has insulated themselves behind the Board of Health. 

If the State legislature voted down smoking in bars, I may disagree, but at least I have specific recourse in the voting booth.</description>
		<content:encoded><![CDATA[<p>Thanks for your comments Rudy. Yes, I do value personal property rights. Restaurants and bars are not public property, they are private businesses. </p>
<p>I did not say that the Health Department should be out of the picture here (though I do challenge the fact that they be allowed to enact laws without a roll call of elected officials- (Don&#8217;t sublease my rights to an unelected board))The Health Dept. has a responsibility within a certain scope; my beleif is that that they have over-reached. What is the problem with a bar that clearly states that smoking is allowed? You don&#8217;t have to go in there or work there! What if the board decides that red meat is unhealthy and restaurants can no longer serve it? </p>
<p>As for your drugs (meth) argument, those are illegal substances, tobacco is not. At least if tobacco was banned as a substance, it would go through an exhaustive legislative process where the legislators had to go &#8220;on the record&#8221; with their vote. </p>
<p>Do you know how your legislator stands on the smoking issue vs private business issue? I don&#8217;t because he/she has insulated themselves behind the Board of Health. </p>
<p>If the State legislature voted down smoking in bars, I may disagree, but at least I have specific recourse in the voting booth.
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