It's not what I think, it's what the law is.
Yes, this is the law in various jurisdictions. this is not in dispute. What is in dispute is whether this law is based on sound principles. We aren't in a court.
Bar owners have "rights", they just aren't unlimited.
What rights are these exactly?
And it's not my society, it's our society. I'm talking about America. It's not a new thing, either; laws regarding public accommodations have been on the books for decades, probably centuries.
The time period in which something has been happening is irrelevant in regards to whether it follows an optimum paradigm as I'm sure you agree (I won't bother listing examples)
Are you equally incensed over laws that require health inspections or take away the owner's right to deny service to "coloreds"? Why do you say that I "can and do impose them"? Do you mean "you" as in "people in general"? No one has made me king; I just live here.
I think you may have misunderstood me, which is easy to do in text communications. I'm not incensed at all. I have other much more important things to worry about (like aging). This is just a mild mannered internet discussion. You may have wanted to hold on to the race card a little while longer.
I addressed that point in an earlier post. Let me ask you the same question: Why not create your own libertarian paradise somewhere where everyone can do whatever they please, and no one has to pay any taxes? If that kind of society is so optimal, I'd think people would flock to it.
Yes, I'll go do that. What area of the earth do you think I should conquer for this project since I have no rights to establish such an association of individuals on any land anywhere I can buy whereas you certainly would have the right to buy a bar and declare it non smoking. Again. A red herring.
This basically comes down to a contest between two groups; smokers who want the freedom to smoke in bars and restaurants, and nonsmokers who want the freedom to enter bars and restaurants without being injured by smoke. The smokers could reasonably step out for an occasional smoke, but the nonsmokers can't very easily step out to breathe. Thus the first party faces either inconvenience or denial of service. The second party faces either injury or denial of service. Without even taking into account the relative size of the two parties, thus removing any "tyranny of the majority" claim, it seems fairly obvious that avoidance of injury should trump inconvenience.
As long as we are ignoring the fact that in many of these jurisdictions where smoking is outlawed in bars it is also outlawed on the streets outside bars, and as long as we are ignoring that this is not a denial of service to nonsmokers in any sense,( it's a clear situation where there is some risk involved in entering, and a person is welcome to assume this well defined risk, or not accept it, and go somewhere else; if we weren't ignoring that I might feel inclined to go into detail of the legal principle of volenti non fit injuria). And especially as long as we are ignoring relative size of various groups there are other things we definitely need to outlaw right away. We need to outlaw any kind of flashing lights because they trigger seizures in susceptible individuals (which can result in severe neurological injury and death). This is a de facto denial of service to people with epilepsy. And actually a sub population of epileptics has these very serious seizures induced by music (rhythmic beats are another neurological input not terribly dissimilar from rhythmically flashing lights), so we will need to outlaw music or these patrons will never be able to enjoy a bar in their lives. At present they are forced to chose to do other things instead, find a bar that doesn't play music, or start their own (but these kinds of choices evidently can't exist). There are many other very real examples like this. Of course this entire paragraph is again playing by your "rules" and ignoring the ability of owners of various establishments to decide any of these things for themselves (which is obviously a point I do not concede).
Could you please explain the underlying principles on which you have constructed your morality? I'm having difficulty discerning them.
Edited by elrond, 26 April 2008 - 09:09 AM.