The state Senate is considering its version of the smoking ban (HB 2). It would prohibit smoking in “public places” and “places of employment.” The House already passed its version of the bill and has the same prohibition, but does have a very narrow exception that allows businesses, which don’t serve or allow entry to minors, to allow smoking.
Practically, very few businesses would choose to give up serving minors (and by extension, families) in favor of smoking. The Senate bill is so extreme it doesn’t even have this “minor exception.”
Both bans are an attack on personal freedom and property rights, as I wrote about in this new Spotlight report.
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The Senate bill does have some unique flaws even beyond the serious problems of smoking bans generally:
1) The Senate bill doesn’t even have the very narrow “minor exception.”
2) Truck drivers wouldn’t be allowed to smoke in their trucks.
3) Anyone that uses a company car for personal and business use would be prohibited from smoking in the vehicle
4) Owners of businesses couldn’t smoke in the establishment even when nobody else is around.
5) Home-based businesses would be affected: The law may allow smoking in private residences, but a residence is defined as a private dwelling.
As a result, a home-based business that operates in a structure other than a house that is on a person’s property would be covered. For example, a farmer on a working farm couldn’t smoke in a barn. A mechanic couldn’t smoke in a detached garage. These individuals could never smoke in these structures even if they were the sole employee or there was nobody else around.
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The Senate should take a vote and not play games by pushing the bill off until there are enough votes (as it did last week). If there aren’t enough votes to pass the bill, so be it–the Senate should be allowed to vote on the bill today and shoot it down (which I hope they will).
If Senators think that weak amendments like the House included in its ban will make any difference, they are wrong–a smoking ban attacks property rights no matter what amendments are introduced.
The Senate is notorious for disregarding property rights–we’ll see today if that trend continues.
