Smoking Laws in NY and NJ

[Schneed10]

Originally Posted by Beemnseven

What's easier indeed.

A.) Non-smokers in restaurant that allows smoking are repulsed, inform the manager of their plans, and promptly leave.

B.) Non-smokers petition their representatives in the government to ban smoking in every single restaurant and bar. Nevermind the fact that they aren't forced to eat out every night in order to survive. But because on one particular Saturday night, they can't stand the cigarette smoke in the local pizza joint, so they seek to punish every restaurant or bar owner in the state, (or the nation if they could do it) and make it illegal for everyone else to either light up under the penalty of law.

By the way, Schneed, no one has a "right" to go out to eat and force restaurants to cater to their particular needs, likes or dislikes. If you don't like loud music, you don't go to a rock concert, complain that it's unhealthy for your eardrums and seek out legislation to outlaw loud music.

In regards to the bolded part, why don't non-smokers have the right to lobby for an indoor ban? Where in the constitution does it say that people can't do this?

You act like it's this law that's in place that the government can't tell you what to do with your place of business. That's simply not true. From a legal standpoint the government is well within it's rights to pass laws governing your behavior within your own establishment.

I think it's simply your personal belief that the government should't be telling businesses what to do in this situation, because you can't possibly have any legal ground to stand on. And when there's no legal reason why this ban can't affect private establishments, the rule of the majority comes into play. If there are enough non-smokers who want these places smoke free, and they have the representation in NJ state congress to get that law passed, then they are well within their legal rights to enforce the ban on these places.

Maybe you are arguing your point based on your utopian view of the way the world works: this notion that the government can't tell me what to do with my own damn bar. But dude, I live in the real world, and it doesn't work that way.