OpinionMarch 17, 2011
Much of the discussion surrounding the proposed ban on smoking has centered on property owners' rights and the fact that smoking is a legal activity. These arguments don't hold water. The reality is that government has a right to regulate businesses, as they do with licensing, taxing, permitting and compliance with the ADA. We have a government of the people, and the people have petitioned to have a chance to vote against smoking in the workplace...

Much of the discussion surrounding the proposed ban on smoking has centered on property owners' rights and the fact that smoking is a legal activity. These arguments don't hold water.

The reality is that government has a right to regulate businesses, as they do with licensing, taxing, permitting and compliance with the ADA. We have a government of the people, and the people have petitioned to have a chance to vote against smoking in the workplace.

Furthermore, not all actions that are legal are lawful everywhere and all of the time. One argument against this ban is that smoking is a legal activity, so it should be legal to smoke anywhere. Shooting a gun is legal, but it is illegal to fire a gun in the city.

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The legal argument for this ban is found in the preamble of the U.S. Constitution. This document states that "We the people ... [shall] promote the general welfare."

Lastly, smoking should be banned in businesses because infants and children have no say in the places that their guardians take them. According to the NIH's National Cancer Institute, "Secondhand smoke contains more than 50 substances that can cause cancer. Health effects of exposure to secondhand smoke include lung cancer, nasal sinus cancer, respiratory tract infections and heart disease."

DAN BUCKENMYER, Jackson

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