Melissa Trezza
ENG40524
Debby Mitchell
Argumentative Essay
Individual Rights Go Up in Smoke
Of all tyrannies a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated, but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. – C.S. Lewis
It is very easy to understand why so many support smoking bans in restaurants, bars, and other such establishments: it is healthier for everyone (customers, employers, and employees alike) and statistically, most businesses – even if they do suffer a temporary loss of business – recuperate financially. Personally, I hate smoking. Sadly, my husband smokes (it’s one of my least favorite things about him) and I cannot stand it. He smells, his clothes smell, it costs a ton of money, and I know he is killing his body with every flick of his lighter. Despite my absolute detest of this repulsive habit, I still believe that although there are many benefits to smoking bans, I do not support them because, among other things, they infringe upon people’s rights.
One of the most common arguments smoking ban opponents use is that businesses will suffer economically. According to several independent studies, however, this is not the case. In fact, Tobacco Control, refers to a 2003 review of “97 studies on the economic effects of smoking bans on the hospitality industry”, which showed that in the vast majority of cases, there is either no impact or a positive impact on both sales and employment. Unfortunately, there are still businesses that have suffered financially and some that even have to close their doors following a ban. A story from the local New Jersey CBS television station in April 2007 noted that their restaurants and bars in their area did suffer after a statewide smoking ban was enforced. Bowling alley owner, Jon Perper, is noted as saying he was going to be shuttering his business this coming summer. He said his business has taken a “dramatic hit”. Despite the positive statistics, there will inevitably be those businesses that are unable to thrive without their loyal smoking customers.
Another aspect of the smoking ban debate is the effect on individuals’ rights. Proponents of such bans say they (and other non-smokers) deserve the right to eat at a restaurant or hang out in a bar (or work there) without the constant veil of smoke assaulting their eyes and lungs – and I agree. If you walk into a business that obviously allows smoking, you have the right to turn around and walk right back out the door and spend your hard-earned cash somewhere else. You also have the right to complain to the owner or manager. Believe it or not, most businesses respond to their customers’ feedback. In addition, you have the right to work anywhere you choose; find another job. Restaurant jobs and bar jobs are, as they say, a dime a dozen. (I feel I have the “right” to make this statement as I was a waitress in a previous life. They are extremely tough jobs, but easy to get and they are everywhere!). This is what the free market is all about -supply and demand and freedom of choice. Everyone has a right to choose, why doesn’t everyone just start exercising that right?
Finally, there is the biggest reason of all, and my main reasoning behind my opposition to smoking bans – the right of the business owner to decide what he/she wants for their business. It seems to have been forgotten that the people who are truly having their rights trampled upon are the owners of these businesses who are now being told by the government what they can and cannot do with their own business. Of course, businesses are forced to comply with many, many restrictions like safety ordinances and health codes. However, when a business serves its’ customers food that has been tainted and is bound to send them to the hospital, unless the customers have crystal balls in their pockets, they are not going to have the slightest inclination of their impending doom. When a customer walks into a business and sees smoke and smells it in the air, the customer is given a choice. Small business owners, in particular, get hit the hardest. A small business owner has probably put every last penny into that business. He/she has worked and slaved many, many hours to get the business up and going. Now, the government is going to tell them how they should run it? This is just like the Homeowner’s Association that sends you a fine for having two weeds in your front yard or because your trash can was out twenty-four hours after trash day. Or how about all of those HOA’s that tell you you can only paint your house Desert Beige or Tatami Tan? Wait a minute – didn’t I buy this home? Didn’t I kill myself to save up the money for the down payment? Who’s house is this? And, as with restaurants and bars, what you do with your home affects others. If your house looks bad, property values go down. But, I guess we should all just suck it up and give up all of our individual rights; after all, it’s for the “common good”, right?
In the end, I suppose the silliest part of this whole debate is that there are other options available. What’s wrong with having separate areas for smokers and non-smokers like there used to be? Completely separate rooms with ventilation systems have been mentioned in the smoking ban debate. (Although I’m not sure the ventilation systems are necessary considering smokers don’t seem to mind being enveloped in their own toxic cloud.) Isn’t there a compromise somewhere? Sadly, it does not seem like a compromise is what they’re after.
