Often I hear teachers and parents tell kids to “work it out amongst themselves.”
Wouldn’t it be nice if the citizens of Colorado were extended the same courtesy by their legislators?
Instead, these babysitters continue the yeomen’s work of denying our choices in the name of health and safety.
Smoking is Job No. 1 for the babysitters. And, yes, the majority of Americans are repulsed by smoking, smokers or anything to do with the devil’s weed. Certainly, no one is suggesting we allow patrons to puff unfiltered Camels at Applebee’s while our salubrious kiddies chomp down on chicken fingers.
Yet, now that the state wants to deny all smokers in Colorado the right to assemble peacefully to smoke in any establishment, we can safely say we’re on our way to prohibition. And we all know how well that works out.
Ron Granidri is disturbed by these sorts of intrusions. When Granidri, manager of an Adams County nightclub, was cited for allowing smoking in his establishment and fined $200 – he called it a “shakedown” – he found a lawyer.
“Ron thought there were a couple of problems with the smoking ban, that it was vulnerable to a challenge, so he hired me to take it to court and see what we could do,” explains his attorney, Mike Martin. “My client believes in this freedom and believes that the state was attempting to use him as a way to police private property.”
Since the initial Colorado smoking ban carried a few exemptions – casinos, Denver International Airport and cigar bars – Martin filed a motion on the grounds of equal protection.
An Adams County judge ruled that Colorado must treat similarly situated establishments alike. Banning smoking in one establishment was unconstitutional because it was acceptable in similar establishments.
Don’t worry; the ruling will undoubtedly be appealed. Though I typically try to avoid legalese, the consensus from attorneys I spoke with put the probability of a higher court overturning the ruling at “freaking high.”
Then again, if legislators in the Colorado Senate get their way, the appeal might not even be needed.
Prohibitionists like Democrat Betty Boyd and Republican Steve Johnson offered a bill recently that removes the cigar- bar exemption from the smoking ban and with it the equal-protection argument.
Let’s chew on this for a moment – ignoring our feelings about smoking.
A cigar bar is a private establishment where citizens of free will congregate for the expressed purpose of smoking.
If all you need is a Jesus Complex and a seat in the legislature to ban unhealthy activity, what stops Boyd, Johnson et al. from banning hazardous activities like eating at fast-food restaurants, rock climbing or getting married?
“It bothers me that we are becoming a nanny state,” explains the Harvard-educated Martin. “I don’t smoke. I’m married to a Mormon, who hates it when I come home smelling like smoke. But shouldn’t it be the individual’s personal choice to smoke or not? In bars and nightclubs, a person should be able to enjoy smoking as a social activity – a legal activity between consenting adults – if the owner allows it on his property?”
No. No. No.
According to legislators, you must be healthy and safe, not happy or free.
Though there is little precedent, Martin believes there are various legal avenues to use, and he will appeal if Adams County court is overturned.
“If smoking is legal and a legal substance, then we should have the fundamental freedom of association and action. We should be able to partake in the activity within reasonable bounds,” explained Martin. “It should be up to owners to decide what happens on their private property. Not allowing a business to choose erodes their basic freedoms. Even if those freedoms entail making unhealthy choices.”
I suppose legislators believe it’s too complicated for the average citizen to distinguish between a sign that says “No Smoking” or “Smoking Allowed” and choose for themselves.
That would require legislators to treat Coloradans as adults.
Actually, children are often treated with more respect.
David Harsanyi’s column appears Monday and Thursday. He can be reached at 303-954-1255 or dharsanyi@denverpost.com.
