June 29, 2005
The International Smokers Rights Conference
Smokers Rights, Non-Smokers Rights and Private Property Owner's Rights
Smokers Rights
The United States was founded as a republic. Hence: "and to the republic for which it stands....". An individuals right to free speech, property ownership and many other rights shall not be infringed no matter how much public benefit might be gained. Smokers rights therefore are not separate rights but, the same rights afforded to every individual in this country.
"Life, Liberty and the Pursuit of Happiness". The founding fathers were deliberately broad in their proclamation. Their assumption was an individual's rights were to be held above those of any government or collective group. The Supreme Court has affirmed this view time and time again.
One example: Roe vs. Wade. The courts decision was not about abortion Per Se, but about an individuals right to choose. Despite the benefit or cost to society argued by both sides, an individual's rights must take priority over all others.
Non-Smokers Rights
The right to a smokeless environment. I believe that non-smokers, like anyone else, have this right. But how far does that right extend? Should it take priority over someone else's rights? Airplanes, court houses, publicly owned buildings and anywhere else an individual might be forced to go should properly be included in any smoking law. What should not be included are places located in or on private property, providing an individual is not compelled by necessity or law, to frequent or work at that specific location.
Every individual also has a right to worship in their own way. As we should, we hold this right in very high regard. Even so, that right ends when they enter someone else's home or place of business. Imagine someone insisting that you stop serving meat solely on the basis that their religion forbids it. An argument to protect another persons religious belief is much more compelling than any smokeless environmental right. Even where the majority of people might have a single religious belief in common, we as a society have never condoned forcing an ideology of one group over another.
Private Property Rights
The Fifth Amendment states "No person shall be..... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Business owners have seen their rights violated. A part of their property has been seized for public use through smoking ban legislation. Those who are smokers themselves have been told that a legal activity is no longer legal for them on their own private property. In addition to not being compensated, many have ended up paying for the partial property seizure with lost revenue and a loss in the value of their businesses. This without due process of law or just compensation.
One of the arguments used for smoking ban legislation is the benefit to public health or the greater public good. This argument could easily be used to seize the property of say, Bill Gates and use the money to feed, house and provide medical care for the poor. Public heath would be improved and tax payers would be relieved of the cost burden. A poll could probably be produced to show public support of this act. Of course, this would be a violation of Bill Gates rights. It would also open the door (as smoking bans have done) to seizure of part or all of everyone else's private property.
Jonathan Pinard
Executive Director
The New York Coalition of Social Smokers
http://www.socialsmokers.org