Smoking about Smoking

Posted: 10th July 2010 by admin in Darian Counts

On May 1st of this year Michigan politicians enacted an all out smoking ban in all bars and restaurants in the state of Michigan. This law abolishes the rights of business owners to choose whether or not they wish to allow smoking of tobacco in their place of business. The effect of this new restriction has had a wide range of effect from minor to catastrophic.

For restaurants such Applebee’s, Chili’s and large corporate chains where people eat and then leave, the effect has been minor. But for coffee shops, mom and pop diners as well as bars, the ban has been devastating.

The removal of the right of a business owner to run his business in a way that pleases his customers is the last nail in the coffin for thousands of businesses all over the state of Michigan. It is resulting in bankruptcy for many bars who have been struggling to stay afloat in this dreadful economy as well as lower income for the staff employed by these establishments.

Employees of these establishments have seen their tips disappear as people now choose to stay home where they can still enjoy a smoke and a drink in private. Bars are now having to cut corners and lower pay for all employees of the bar this includes lowering the pay for live entertainment.

Over the last few years, Michigan business owners have taken it on the chin. Yet in the spirit that built this great state they have soldered on hoping for the economy to turn around only to be slapped down by local politicians who are more focused on the short term legislative high fives than to long term economic expansion and job growth. Seriously…have people in the last few years been saying “Gee I wish smoking was illegal in bars. If it were, I would frequent them more.” I don’t think they have. The economy and the close to 15% unemployment rate of the state of Michigan are what the people of Michigan want our politicians working on. And what do they do??? Ban smoking in bars… why stop there… perhaps they should ban drinking and swearing in bars as well.

But my clothes smell better!!
Granted so do mine. And yes I realize that smoking is unhealthy and this law may push some people to quit smoking. But is that the job of government? Does a business owner have the right to allow the use of a legal product by consenting adults in his business? Business owners have always had the right to convert their establishment to an all non-smoking format. If there was a market for non smoking bars then those business owners who converted would reap the benefits. And those who didn’t would either adapt or be phased out. That’s how free market capitalism works. The politicians who have voted for the abolition of property rights have chosen a nanny state philosophy while disregarding the founding principles of this nation much less the fuel that propels our economy. At the same time, either thru ignorance, apathy or malice it appears they have sold out the people of Michigan. By imposing this business killing law on mom and pop establishments yet exempting casinos, Michigan politicians have truly tipped their hand. It has become painfully obvious Michigan senators and congressmen who voted to strip Michigan business owners of their rights yet protect the rights of casinos have turned their backs on the ever struggling people of Michigan.

It simply wasn’t their call.
Had this been done thru some kind of referendum it would be much easier to swallow for struggling businesses. The people of Michigan have the right to determine the rules governing how business is run in their state. Since they are the ones who will suffer or benefit, the decision should be theirs. Politicians can vote then move on to the next issue. But the people have to deal with the lingering effects of this overreaching new law.

All the noise??
The new law requires smokers to completely exit the building to smoke. They must be at least 15 feet from any entrance or egress. What this has resulted in is gangs of smokers loitering in bar parking lots. “My family can’t sleep at night.” says one Taylor resident who lives near a local bar “all night long it’s like an outdoor party down the street from my house, every Friday and Saturday night my kids have to hear throngs of drunk, loud talking, vulgarity spewing bar patrons until 2 am” and there is nothing we can do about it … what about my family’s rights?”

Senator Raymond Bashar, primary (sponsor of the original bill which eventually was amended and passed) was kind enough to speak with DL Magazine in regards to his rationale for sponsoring this bill.

“We have to protect the rights of the employees to work in smoke a free environment. Second hand smoke can be a very dangerous. We have laws stating bar employees must wash their hands after using the restroom. We have laws regarding ventilation in the kitchen. This is no different.” States the senator.

Darian Counts: Why wouldn’t you just make smoking a choice via an optional smoking permit?

Senator Basham: “That was included in my original bill. But we couldn’t get it thru. Lawmakers have decided we must have the same rules for everyone so no optional smoking permit is offered. I’ve been fighting for this smoking ban for 11 years; this was the only way we could get it done.”

As citizens we expect the government to protect our rights. For thousands of citizens all over the state of Michigan politicians have decided that citizens have no right to make decisions regarding their personal property. If a consumer wishes to frequent a non smoking establishment then they should have that right. If a person wants to enjoy a cigarette with his Budweiser then that IS right. If a bar owner wishes to allow smoking in his establishment that should be his right. If people chooses not to frequent that bar because they don’t want to be around smoke then so be it. In this difficult economy business owners need government to assist in expanding the economy, not passing short sided laws that will drive business and citizens away from Michigan. What happens to the single mother who loses her job because the bar where she worked has gone out of business?

Natalie, Perfect Pitcher, Taylor Mi. “This law has been devastating for my business. I went from having 60-80 patrons a night to 20.”

Dave Carlson, All Around Bar, Taylor Mi. “It’s infuriating. These politicians seem to be dead set on destroying the economy of Michigan. This is a flagrant violation of personal property rights. This is not a smoking issue it’s a personal rights issue.”

Bruce, Jackalope’s Bar, Wyandotte Mi. “People used to come in and stay a few hours, have a few drinks then leave. Now they just stay home and smoke there. “

For years Michigan residents have become accustomed to watching democrats destroy the economy of Michigan. But this time it’s the republicans who joined forces to enact a bi-partisan business eviscerating bill. Republicans like Sen. Bruce Patterson (representing Dist 7) and democrat Ramond Bashaam (sponsor of the Bill) have teamed up to send a message. That message is “WE will tell YOU how to run your business”.

Most Democrats voted in lockstep to push this over reaching and misguided bill as they frequently do, and while republicans have always painted themselves as guardians of personal freedoms, many of them abandoned the struggling business owners to join forces with the nanny state deems while voting to exempt Detroit’s casinos. The United States has been the leader of the world for over a hundred years. Yet many of today’s politicians don’t seem to understand how we got there. It has been thru building a better mouse trap. Give the citizen the opportunity to strive for prosperity and get obstacles out of their way and let free market capitalism flourish. That is what has taken us from an agricultural economy at the start of this nation to the powerhouse we became in the mid 20th century. Since the rise of the baby boomers we have began to move towards a nanny state philosophy. We have abandoned faith in the people to make wise decisions regarding their lives. In its place the government offers extended unemployment, food stamps and welfare.

Does this new law truly represent the philosophy of the people of the state of Michigan? Does the government have the right to tell you what to do on your own property? Where does it end? Perhaps they should make smoking illegal? We all know it’s bad for you…but then again so are fried foods. Perhaps someone should sponsor a bill saying no more frying of foods in ANY building where the public frequents. Perhaps we should put governs on all vehicles so they don’t go over 25 mph since that would save lives (and gas). Here’s a great idea…How about making a law that says all citizens must have a cholesterol level below a government set standard. Now that would save lives, a lot of lives. Where does it end???

You may enjoy the fact that bars are non smoking now. But when the government begins to go into privately owned property and tell people how to behave it’s just a matter of time before they come to your house.

This bill passed by a 25-12 Vote. The following are a list of republican politicians who voted to help the democrats strip Michigan business owners of their right to allow legal consenting adults to consume a legal product on their property.