The workers choose to take that risk when they take a job in an establishment that allows smoking. They know exactly what they are getting themselves into. The business owners have the right to allow smoking if they want, particularly if they are in a business (like a bar owner is) that caters to smokers.
this is an assumption of risk argument. as best i can tell, those arguments don't play real well in employee/employer disputes before the court.
There are clientele to some places that like to smoke. Why should the city determine what an independant business should do?? If a restaurant determines it is in their best interest to not allow smoking then that is their issue. I personally don't smoke (unless i've had waaay too many drinks!) and would prefer not to have smoke but that is not my decision. How would a Cigar bar operate if it is banned? Where does it end? Maybe soon the city will decide that fried foods are not healthy enough or endanger my heart and will make them illegal in restaurants too. Apple pie and chocolate are pretty bad too. Lets get rid of all of them! We'll sit in rooms eating celery depressed till we're 135 years old.
Max, I believe in protecting the person who is taking the risk and starting a business. This is a right to work state, and that goes both ways. If an employee does not want to work in a bar that allows smoking, they have the RIGHT to not work and find another job. Whatever the person who is putting themselves out there as a business owner should have the right to decide whether to allow smoking in his/her establishment. People then can choose to patronize the place or not, let the chips fall where they may. DD
That's how NYC started the ban too...its only a matter of time before I don't have to smell smoke in a restaurant or bar!!!!! Gotta love it!
i know you believe that. that's all good and well. but the courts don't seem to follow that logic. see the ADA, for example.
The cig-nazis in Austin tried to ban smoking in bars. We've had a pretty strict smoking ordinance in resturaunts for a while now. The bar idea failed miserably. I, personally, am a social smoker and crave cigarettes when I'm drinking. People who say they don't go to bars because of the smoke are lying to themselves. There are plenty of bars that invest in amazing ventilation systems that prevent smoke from being a problem. There are bars with large outdoor patios that encourage smokers to smoke outside. I don't get it, but then again, I don't see smoking as a mortal sin as many people in this country do.
I certainly hope more people don't start smoking outside now. I know of a few cities where they banned smoking, so people would just go outside, smoke a cigarette and then go back in. That doesn't solve any problems. Also, I don't see smoking as a mortal sin. I just definitely don't want your smoking to impact my health. I expect smokers wouldn't want my opinion/actions on the matter to impact their health either. I am open to the possibility that it may impact my life, though...which could potentially mean there are some bars or restaurants I won't go to. That said, as a non-smoker, if they are going to ban it in restaurants and bars and it doesn't influence more smoking outdoors, then I won't complain.
