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- Introduced by Sen. Rick Jones (R) on May 3, 2011, to revise the law that prohibits a bar or restaurant owner from choosing to allow smoking in his or her establishment, to instead give the owner a choice to allow smoking on an outdoor patio or in a segregated “smoking room,” subject to various restrictions.
- Referred to the Senate Government Operations Committee on May 3, 2011.
Comments
1) Re: 2011 Senate Bill 352 (Create smoking ban exceptions ) by taz54 on May 23, 2011The smoking ban is unconstitutional under the 5th amendment. Private property shall not be taken for public use without proper compensation. A privately owned bar is private property. It's owned by a private entity that risked the investment and is responsible for paying the bills and taxes. A bar is in business to turn a profit, period. In order to maximize profit, owners need to provide an establishment that provides for the consumption of alcohol and tobacco. If tobacco, a legal product, becomes unpopular because of health concerns, etc., then the free market system will force bars to become smoke free based on the law of supply and demand. When government interferes with the free market system based on "protecting" people for their own good, we no longer have a free market capitalistic system. We have a totalitarian or fascist system. Adolf Hitler also banned smoking in Nazi Germany. Many Michigan bar owners are suffering under this ban and are beginning to go out of business. When government imposes regulations that put significant financial burdens and hardships on a private business, the 5th amendment has been violated. Especially when egregious favoritism is demonstrated by allowing casinos to be exempt so their large tax payments to the state will not be interfered with. This law needs to be repealed now to limit its damage already done to private business owners. It would be reasonable to require the owner to put a sign on the entrance designating whether the establishment is smoke free or not. Those who wish to remain smoke free are welcome to do so and choice will be given back to responsible adults not in need of government supervision.
Business owners have the right to own a business and operate it according to the law. The government has an obligation to protect it's citizens. The people are the government.
" Here sir, the people govern." Alexander Hamilton
Business owners have the right to make their own decisions. The government violated that right, and they're thinking about giving it back according to their rules. Just another violation of personal liberty. The people have a government; the governement doesn't have people.
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