Not at liberty to
smoke
By JEFFREY SEWELL Guest columnist
Two and a quarter centuries ago on Sullivan’s Island, a small
band of American Patriots hunkered down in a crude fort against a
ferocious British naval bombardment. Saved from the impact of
hundreds of shells by the spongy absorbency of our now-legendary
Palmetto trees, Col. William Moultrie’s resilient Colonials
eventually repulsed the British fleet and scored one of the first
decisive victories of the American Revolution.
History, it would seem, is not without a sense of irony.
Sullivan’s Island is again a key battleground in the fight for
American liberty — only this time, the threat comes from within.
In May, Sullivan’s Island became the first municipality in South
Carolina to pass an all-inclusive indoor smoking ban, unleashing a
politically correct campaign that has cities and counties all across
our state lining up to follow suit.
With a statewide smoking ban likely to be proposed in the House
again this year, it’s becoming all too clear that the anti-smoking
zealots won’t stop until cigarettes are completely illegal —
anytime, anyplace and for anyone.
But while demonizing a convenient enemy at the expense of
individual liberties and market freedoms may be politically
expedient, it is decidedly un-American, not to mention detrimental
to our state’s bottom line.
According to the Orwellian-sounding “Behavioral Risk Factor
Surveillance System” of the Centers for Disease Control, smokers
represent 26 percent of South Carolina’s population, and according
to the state Department of Revenue, they annually pay $171 million
in taxes and fees on top of the taxes and fees everyone else
pays.
Granted, as the dangers of secondhand smoke have become more
widely known, this added contribution to the public treasury is
justified. Also, few would argue the fact that society has inherited
an obligation to protect the individual liberties of those who
choose not to smoke. Public buildings, for example, clearly fall
into this category, as no one should be forced to breathe in
secondhand smoke simply because government required them to appear
at jury duty or stand in line at the DMV.
But outlawing smoking in privately owned restaurants — and
especially in privately owned bars — fails to strike a fair balance
in this question of competing liberties.
Other than private residences, privately owned bars are generally
acknowledged as the last refuges in our society for smokers. In most
cases, bars cater specifically to smokers and derive a majority of
their taxable income from smokers’ patronage.
That’s why a ban on smoking in privately owned bars represents a
clear line of demarcation — a tipping point where one side’s attempt
to protect liberty begins to infringe on the liberties of thousands
of patrons who do smoke, to say nothing of bar owners who are trying
to make a decent living for themselves and their families by
fulfilling a legitimate marketplace need.
What do we honestly expect will happen to these businesses?
Take California for example, where anti-smoking advocates like to
trumpet the fact that tax receipts from bars and restaurants
increased by 4 percent after that state’s smoking ban went into
effect. What they neglect to point out, however, is that retail
sales in California increased by 8 percent during the same time
period — meaning that the bar and restaurant industry grew at half
the rate of the rest of the economy.
Even more telling is the chilling effect the ban has had on the
creation of new businesses in California. According to the
California State Board of Equalization, permits for restaurants and
bars have decreased by 3.3 percent since the ban took effect
(compared to a 12.7 percent increase in fast food permits).
But while the adverse economic impact of broad smoking bans
cannot be dismissed (particularly in a state like South Carolina
that relies on small businesses to create jobs and revenue), it is
our society’s seemingly inexorable drift away from its founding
principles that is most worrisome.
“The true danger comes when liberty is nibbled away for
expedients, and by parts,” Edmund Burke once wrote.
As our Legislature and court system seek to reestablish a fair
balance of liberties in this ongoing debate, both institutions would
be wise to heed this warning.
Mr. Sewell is the principal consultant of Sewell Consultancy, a
political consulting firm in Lexington County. He is also co-owner
of http://www.schotline.com/. |