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View Full Version : Judge upholds Iowa smoking ban, violates property rights




disorderlyvision
04-02-2010, 03:34 PM
KHQA reports that Burlington District Judge Mary Ann Brown released a 32 page ruling upholding the smoking ban in Iowa. The case came as a result of a West Burlington bar having its liquor license revoked for violating the smoking ban. Attorneys for the bar owner argued that the law violated clauses in the state and federal constitutions.


Smoking bans, such as those in IA and IL, violate more than constitutions. They violate property rights. The bans claim to prohibit smoking in 'public' places. However, they are not public places. They are privately owned places that allow the public to enter them. Prohibition of smoking should not be handled through government regulation. It should be handled by the market. If consumers do not wish to be around establishments that allow smoking they can take their business elsewhere. Other entrepreneurs could open non-smoking establishments, as would be their right to disallow smoking on their private property.

The bigger question is, what recourse do you have when your property rights have been violated? You can plead your case with a government employed judge (who's side do you think they side on a majority of the time?). But what do you do when they rule against you? appeal it? Then what? Just because they rule against you and uphold violations of property does not make them correct. It is still a violation of property rights.

The bar owner could ignore their rulings, purchase alcohol from local stores, and continue to sell it, while allowing smoking on HIS property. But then the government will have him arrested at the point of a gun for selling liquor without a license (another government absurdity).

If you have any solutions post them in the comments below.



Edit: KHQA also reports that a Quincy business owner has been given two smoking citations at $250 a pop.

http://www.examiner.com/examiner/x-43006-Quincy-Libertarian-Examiner~y2010m4d2-Judge-upholds-Iowa-smoking-ban-violates-property-rights