The Ethical Violations of The Smoking Ban

I wrote this essay for my Biomedicine, Ethics, and Culture class last week. Even though the smoking ban is old news, I think the central points regarding the dangers of big government and the loss of autonomy are relevant. Don't get me wrong, I love returning from a night out and NOT smelling like an ashtray, but I value my right to choose more...

In this essay, I argue that government-enforced smoking bans in bars and restaurants is unethical. Using a deontological perspective, legally mandated bans encroach too heavily upon our natural rights. Even from a utilitarian viewpoint, these bans fail to reach their objectives of promoting public health, reducing pollution, or protecting citizens against the damaging effects of second hand smoke.

John Locke asserts that government is a social contract that should protect humans’ natural rights of life, liberty, and property (Class Lecture, Week 1). A smoking ban does very little to protect the right to life since, according to the American Heart Association, most life-threatening second hand smoke damage most likely does not occur while spending an hour or two dining out but rather in the home (http://americanheart.mediaroom.com/index.php?s=43&item=365). Also, by inviting the government to regulate personal health and well being, citizens begin a creeping infringement on their bodily rights. It is not a stretch to imagine the next steps involving the restriction of certain foods or physical practices (such as tattoos or piercings) deemed unhealthy or dangerous.

On the other hand, the smoking ban would not only fail to protect but actually hinder, beyond reason, the natural rights of liberty and property. For while it is true that certain freedoms must be regulated or suppressed in order for Locke’s social contract to function, government should make every effort to allow its citizens as much autonomy as possible. By doing so, government secures its proper role as servant to the people and protector of human dignity. A smoking ban imposes a three-fold eradication of choice. First, it removes the choice of the business owner to decide how he or she would like to run his or her business. Second, it limits the business owner’s range of targeted clientele. Third, it prevents the patrons from choosing how they would like to enjoy their dining/drinking experience.

Closely linked to autonomy is right of property. Property owners should have the right to use their land or space the way they see fit, as long as they remain within legal boundaries. The sale and use of tobacco products is legal, and therefore it should lie in the hands of the landowner whether or not to allow it inside his or her realm of ownership. In cases of rented space, it should be the landlord’s decision and should be included in the lease agreement.

When considering the utilitarian standpoint, two issues arise. An argument could be made that cigarette smoke is a pollutant, and thus should be strictly regulated. However, there are many more pressing and dangerous air pollutants contaminating our atmosphere today, such as vehicle exhaust, industrial emissions, and chemical solvents (http://www.epa.gov/air/ozonepollution/). Thus, this argument does not hold on the grounds that a smoking ban is not really solving the pollution problem and distracts lawmakers from passing more effective regulations. By forcing smokers out onto the street instead of confining them to an enclosed room or patio, one could also make the case that a smoking ban would either worsen or have no effect on cigarette smoke pollution.

One could also point to the grim death tolls attributed to second hand smoke: a reported 3,000 lung cancer deaths and 62,000 deaths from coronary heart disease. However, these numbers are incredibly difficult to test for accuracy; numerous factors , such as high blood pressure or cholesterol, diabetes, air pollution, and asbestos, could play into the cause of both diseases and it is almost impossible for current medical technology to fully identify the principle culprit(s) (http://www.emedicinehealth.com/lung_cancer/page2_em.htm#Lung%20Cancer%20Causes and http://www.mayoclinic.com/health/heart-disease/DS01120/DSECTION=causes).

Since severe second hand smoke damage results from heavy, extended exposure, it is reasonable to assume that such harm most likely occurs in the home. Thus, a smoking ban in bars and restaurants does little to shield humans from the incidental consequences of smoking. If, after enforcing a ban for a period of time, the government is still dissatisfied with second hand smoke mortality rates, would it then attempt to expand its jurisdiction to private homes? This question points again to the slippery slope of expanding government power and responsibility instead of trusting the collective wisdom of the majority. In other words, if it is legal to do something in public, it only makes sense that the same rights should exist in the private home.

It is important to distinguish between smoking bans for bars and restaurants versus bans in other places of business. This distinction is necessary primarily due to the fact that, while bars and restaurants are purely recreational, other places of business such as offices, grocery stores, drug stores and the like, are vital to a person’s livelihood. Thus, arenas in which people are veritably forced to coexist should enforce regulations that serve the greater good and protect the rights of the majority. My friend’s uncle, having never touched a cigarette in his life, ascribes his throat cancer to working in a smoking environment in the oil industry, for instance. Cases such as his can and should be prevented.

Just as alcohol is a legal substance that is regulated, certain regulations for cigarette use are not wholly unwarranted. Alcohol can only be served at certain times and in certain amounts in bars and restaurants. It would not be unreasonable to require restaurant and bar owners who wish to allow smoking to confine smoking patrons to a designated room or patio with proper ventilation. However, I would still argue that such a restriction is more practical for restaurants than for bars, since bars are usually much smaller spaces in which those frequenting are aware of the surrounding conditions.

Ultimately, the United States of America is a free market society that makes an unprecedented attempt to expand the rights and liberties of every citizen. As smoking becomes increasingly frowned upon in our society, there will be a market for each type of consumer. Some prefer a smoke-free environment, some are indifferent or consider themselves occasional or “social” smokers, and true addicts undoubtedly value a smoking-friendly atmosphere. Consumers should have as many options as possible and business owners should have the freedom to cater to whomever they choose. The market will, in the end, have the final say as to what type of business is viable - not the government. Smoking bans violate both deontological and utilitarian values, both of which are the primary bases of determining ethics and morality and are interwoven into the founding of our nation.

Healthcare Bill

Shock: Inside the Healthcare Bill

It's worse than you can possibly imagine. Peter Fleckstein (aka Fleckman) is reading it and has been posting on Twitter his findings.
This is from his postings (Note: All comments are Fleckman's)

Pg 22 of the Bill MANDATES the Govt will audit books of ALL EMPLOYERS that self insure!!
Pg 30 Sec 123 of bill - THERE WILL BE A GOVT COMMITTEE that decides what treatments/benefits you receive.
Pg 29 lines 4-16 in the HC bill - YOUR HEALTHCARE IS RATIONED.
Pg 42 of HC Bill - The Health Choices Commissioner will choose your Health care Benefits for you. You have no choice in the decision.
PG 50 Section 152 in HC bill - Healthcare will be provided to ALL non US citizens, illegal or otherwise.
Pg 58 - Govt will have real-time access to individual finances & a National ID Healthcard will be issued.
Pg 59 H C Bill lines 21-24 Govt will have direct access to your bank accounts for direct funds transfers.
PG 65 Sec 164 is a payoff subsidized plan for retirees and their families in Unions & community orgs (ACORN).
Pg 72 Lines 8-14 Govt is creating a Healthcare Exchange to bring private healthcare plans under Govt control.
PG 84 Sec 203 HC bill - Govt mandates ALL benefit packages for private Healthcare plans in the Exchange
PG 85 Line 7 HC Bill - Specifics for Benefit Levels of Plans = The Government rations Healthcare based on cost benefits to government.
PG 91 Lines 4-7 HC Bill - Govt mandates linguistic appropriation services or translation services for illegal aliens.
Pg 95 HC Bill Lines 8-18 The Govt will use groups like ACORN & Americorps to sign up individuals for Govt Healthcare plan
PG 85 Line 7 HC Bill - Specifics of Benefit Levels for Plans. #AARP members - your Health care WILL be rationed.
-PG 102 Lines 12-18 HC Bill - Medicaid Eligible Individuals will be automatically enrolled in Medicaid.
pg 124 lines 24-25 No company can sue GOVT on price fixing. No "judicial review" allowed against Govt monopoly
pg 127 Lines 1-16 HC Bill - Doctors/ AMA - The Govt will dictate what wage you are allowed to make. (Wage limits).
Pg 145 Line 15-17 An Employers MUST enroll their employees into the public option plan. THEY HAVE NO CHOICE, and neither do the employees.
Pg 126 Lines 22-25 Employers MUST pay premiums for every employee, part time employees AND their families as well.
Pg 149 Lines 16-24 ANY Employer with a payroll of $400,000 will have an 8% tax levied on all payroll.
pg 150 Lines 9-13 Employers with payroll between $251,000 & 400,000 who does not provide in full, the public option, will have a 6% tax on all payroll levied.
Pg 167 Lines 18-23 ANY individual who doesn't have acceptable HC coverage according to Govt mandate, will be taxed at 2.5% of their income for healthcare. So, you will have government healthcare coverage, or you will be punished.
Pg 170 Lines 1-3 HC Bill Any NONRESIDENT Alien is exempt from individual taxes. (Americans will pay)
Pg 195 HC Bill -officers & employees of HC Administration (GOVT) will have total and complete access to ALL your personal financial, bank and investment information.
PG 203 Line 14-15 HC - "The tax imposed under this section shall not be treated as tax" Yes, it says that.
Pg 239 Line 14-24 HC Bill Govt will reduce physician services for Medicaid, Seniors, low income, and poor.
Pg 241 Line 6-8 HC Bill - Wages for all doctors will be made the same. Specialists like Brain Surgeons will make the same money a General Practitioner makes.
PG 253 Line 10-18 Govt sets value of Doctor's time. Govt. decides value of humans.
PG 265 Sec 1131Govt mandates & controls productivity for private HC industries.
P G 268 Sec 1141 Fed Govt regulates rental & purchase of power driven wheelchairs
PG 272 SEC. 1145. TREATMENT OF CERTAIN CANCER HOSPITALS - Cancer patients - welcome to rationing!
Page 280 Sec 1151 The Govt will penalize hospitals for what Govt deems preventable re-admissions.
Pg 298 Lines 9-11 Doctors that treat a patient during initial admission will be penalized.
Pg 317 L 13-20 PROHIBITION on ownership/investment. Government dictates what Doctors can make and how much they can own.
Pg 317-318 lines 21-25,1-3 PROHIBITION on expansion- Govt mandates hospitals cannot expand without government approval.
pg 321 2-13 Hospitals have opportunity to apply for exception BUT community input and approval is required. Can you say ACORN?!!
Pg335 L 16-25 Pg 336-339 - Govt mandates establishment of outcome based measures. Rationing
Pg 341 Lines 3-9 Govt has authority to disqualify Medicare Advance Plans, HMOs, etc. Forcing people into the Govt plan.
Pg 354 Sec 1177 - Govt will RESTRICT enrollment of Special needs persons for care. Can euthanasia be far behind for "undesirables"?
Pg 379 Sec 1191 Govt creates more bureaucracy - Telehealth Advisory Committee. Can you say HC by phone?
PG 425 Lines 4-12 Govt mandates Advance Care Planning Consultation. Euthanasia and Doctor-Assisted Suicide.
Pg 425 Lines 17-19 Govt will instruct & consult regarding living wills, and assume pow er of attorney of all enrollees. Mandatory!
PG 425 Lines 22-25, 426 Lines 1-3 Govt provides approved list of end of life resources, guiding you in death decisions to end your life.
PG 427 Lines 15-24 Govt mandates program to mandatory end of life programs. The Govt will mandate how your life ends.
Pg 429 Lines 1-9 An "advance care planning consultant" will be used frequently as a patient's health deteriorates
PG 429 Lines 10-12 "advance care consultation" may include an ORDER to initiate end of life plans. AN ORDER from GOV to terminate a life.
Pg 429 Lines 13-25 - The govt will specify which Doctors can write an end of life order.
PG 430 L ines 11-15 The Govt will decide what level of treatment you will have at end of life
Pg 469 - Community Based Home Medical Services=Non profit orgs. Hello, ACORN Medical Services here!!?
Page 472 Lines 14-17 PAYMENT TO COMMUNITY-BASED ORG. 1 monthly payment to a community-based org. Like ACORN?
PG 489 Sec 1308 The Govt will cover Marriage & Family therapy. Which means government will now be involved in marriage and family decisions.
Pg 494-498 Govt will cover Mental Health Services including defining, creating, rationing those services.