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Local Smoking Ban

Ziggurat said:


As I KEEP saying, it's not simply a matter of what kind of client you wish to cater to, it's also a matter of what kind of employee you wish to cater to. Like it or not, the government has decided that employers don't have arbitrary say in that matter, and the courts have backed them up.



It doesn't get you out of the problem of what to do with employees who want to work in a smoke-free environment.

Well Ziggurat, this is the only argument for the smoking ban that does make much sense to me. But I have to ask why anyone who does not want to work in a smoking environment get a job in a bar anyways? If I did not want to listen to deafening music, I would not get a job as a roadie. If I did not want to be around toxic waste, I would not get a job in hazardous waste removal. I've quit jobs over poor working conditions. If one does not like working around second hand smoke, then why get a job that traditionally involves smoky conditions?

As I have said before, I agree that the government has the right to enact a smoking ban. "Rights" are just constructs. The government has the right to do whatever it claims it does. What I claiming though is the government has no business doing so.
 
shanek said:


NO ONE is making you smell anything! YOU take responsibility for YOUR actions, you hypocrite!

Bogus argument.

You turn the whole thing on its head.

If it was about individual responsibility, I'd never have breathed cigarette smoke indoors, outdoors, anywhere. I'd never have had to put up with this carcinogen.

MY arguments were about why the law was overdue in coming to protect the rights of non-smokers. Not about the legal standing of the legislation.




But you seem determined to draw me into an argument on that one.



All the laws in CA hinge on the hundreds of studies that show that Second-hand smoke causes illness.

And the fact that the laws in California have EVERY right to restrict what health hazards employers require of employees.

That's been court tested over and over again.


If you seriously want to argue that State Governments have no right to pass workplace health laws, that really cries out for another thread!


And I can send you info on dozens of studies on the effects of second-hand smoke. You deniers can take your shots, but WE know why you deny them all.

It's the freaky "Radar-Detector Libertarian" streak running in you. All about your rights (even your right to expose your workers to carcinogens), never about your responsibilities.



Here's a great study, that proves California's point exactly, about the health risks of people working in cigarette smoke:


"... Eisner et al.(1998) studied the association between ETS exposure and respiratory symptoms in a cohort of 53 bartenders before and after California's prohibition
on smoking in all bars and taverns. 74% of the bartenders initially reported respiratory symptoms; of those symptomatic at baseline, 59% no longer had symptoms at follow-up. 77% initially reported sensory irritation symptoms; at
follow-up, 78% of these had symptom resolution. "

Eisner MD, Smith AK, Blanc PD. Bartenders' respiratory health after establishment of smoke-free bars and taverns. JAMA 280:1909-1914 (1998).



From a summary of the studies at:

http://repace.com/fact_cardio.html


Here's some highlights, in small print, because it's just so many, and so overwhelming. But not to "Radar Detector Libertarians" who want to preserve their "right" to endanger the lives of others.




Law et al. (1997) review the evidence from 19 published studies of passive smoking and heart disease; they report that the average excess risk of ischemic heart disease from passive smoking epidemiological studies is 23% (95%
CI:14% to 33%), and conclude that platelet aggregation provides a plausible explanation for the mechanism and magnitude of the effect.

Kawachi, et al. (1997) in a prospective study of coronary heart disease (CHD) in 32,000 female U.S. nurses aged 31 to 61 yr., for nonsmoking women exposed only at work, observed a dose-response gradient for passive smoking and
CHD. Adjusted relative risks of CHD were 1.00 [for no exposure], 1.58 (95% CI, 0.93-2.68) [occasional exposure], and 1.91 (95% CI, 1.11-3.28) [regular exposure]. Thus, regular exposure to SHS at work caused a 91% increase in CHD.

1.No safe threshold has been established for cigarette smoking and risk of cardiovascular disease. Even smoking as few as 1-4 cigarettes per day is associated with a doubling in risk of coronary heart disease (CHD) ( Kawachi et
al., 1994).
2.Many cardiotoxic compounds are more concentrated in sidestream smoke than in mainstream smoke. For example, carbon monoxide (which is known to aggravate angina symptoms) is 8-11 times more concentrated in sidestream
smoke than mainstream smoke.(U.S. EPA, 1992)
3.At least seventeen epidemiological studies have been published on the relationship of passive smoking and risk of CHD. A meta-analysis of 19 studies (including three unpublished reports) found a summary relative risk of CHD
from exposure to spousal ETS of 1.30 (95% CI: 1.22 to 1.38, P < 0.001). (Law et al, 1997)
4.A meta-analysis of eight epidemiological studies of workplace ETS exposure and CHD found a summary relative risk of 1.18 (95% CI: 1.04 to 1.34).( Glantz and Parmley, 1991; 1995; Wells, 1998)
5.Several plausible mechanisms exist by which ETS exposure can increase the risk of CHD (Kawachi, 1998), including carboxyhemoglobinemia, increased platelet aggregability, increased fibrinogen levels, reduction in
HDL-cholesterol, and direct toxic effects of compounds such as 1,3 butadiene (a vapor phase constituent of ETS which has been shown to accelerate atherosclerosis in animal models (Penn and Snyder, 1996).
6.ETS exposure has also been linked to progression of atherosclerosis as measured by B-mode ultrasound of the carotid wall (Howard et al., 1994; Diez-Roux et al., 1995; Howard et al., 1998), as well as to early arterial damage as
assessed by endothelium-dependent brachial artery dilatation (Celermajer et al., 1996).
7.The death toll attributable to passive smoking from CHD is estimated to be 10 to 20 times as large as deaths from lung cancer (Wells, 1988, 1994; Glantz and Parmley, 1991; 1994; Steenland, 1992)

The most recent report on SHS from the UK, the SCOTH Report (1998), also concluded that passive smoking is a cause of lung cancer and childhood respiratory disease, and that passive smoking is a cause of ischaemic heart disease
and cot death (SIDS), middle ear disease and asthmatic attacks in children. The SCOTH report concludes that restrictions on smoking in public places and work places are necessary to protect non smokers (SCOTH, 1998).




 
Ziggurat said:
Blah Blah Blah. Give me one reference to the supreme court upholding your right to smoke. If you can't, then stop shooting off your mouth about things you can't support.

Nice farkin' try, troll. But YOU made the claim, and YOU are the one wanting to force YOUR lifestyle choice on others. It is up to YOU to supply the proof.

Thank you for admitting that you can't do that.

Banning tobacco is fundamentally no different than banning illegal drugs.

No, it isn't; and banning drugs has proven to be one of the most harmful things this country has ever done to itself.

I'm not going to do your homework for you.

There's that age-old whine again. YOU made the claim; YOU back it up. If you can't your argument is invalid. Simple as that.
 
Jaggy Bunnet said:
If it is accepted that smoke contains a number of carcinogens and is responsible for causing cancer, which I think it generally is, then is it unreasonable to ban employers from exposing employees to it in the workplace? How is this different from banning exposure to, say, radiation or asbestos?

Because second-hand smoke has NEVER been shown to be carcingenic; only direct inhalation of cigarette smoke.
 
Tormac said:
As I have said before, I agree that the government has the right to enact a smoking ban.

No, you believe the government has the power to enact a smoking ban. Governments do not have rights, they have powers; and powers are different than rights.
 
Tormac said:

Well Ziggurat, this is the only argument for the smoking ban that does make much sense to me. But I have to ask why anyone who does not want to work in a smoking environment get a job in a bar anyways?

Because often times people have a hard time finding jobs, and will take whatever job they can get. And some employers will inevitably abuse that unequal relationship if workers are not protected.
 
Tormac said:

If one does not like working around second hand smoke, then why get a job that traditionally involves smoky conditions?


The deal is, yes, on an individual basis, sure, someone could get a different job.

But other people would rush to take that job, regardless of the health risks. Because people NEED jobs to live.

If labor laws don't worked the way you propose, we wouldn't have ANY labor laws. Because you'd always say: nobody's forcing them to work there.

Exposure to radiation, Cancer risk, fire-hazard buildings, exposure to toxic chemicals, long hours without overtime, sexual harrasment... Any of those cases, you could say "just work somewhere else".

But see, everyone's forced to work SOMEWHERE. And if any of them can get away with any of that, then they ALL can get away with it.

"Just get a job somewhere else" assumes that there is no unemployement in America, and there's at least one more available job than there are workers to take it.

For a guy who wipes tables for a living, you can't tell me that's true.


Or is what you're really saying: "low-skilled people don't have a right to a healthy workplace"?
 
shanek said:

"Banning tobacco is fundamentally no different than banning illegal drugs."

No, it isn't;

Is this argument by fiat? Do you not have any actual logic or facts to back up this ridiculous assertion?


and banning drugs has proven to be one of the most harmful things this country has ever done to itself.

Whether something is a good idea is a different question from whether it is constitutional. You were addressing the later, answers to the former do nothing to back up your assertion of a constitutional right to smoke.
 
Silicon said:
Bogus argument.

You turn the whole thing on its head.

No, the anti-smokers have done that. I'm just putting it the right way up. NO ONE forced them to be around the cigarette smoke. They've had KNOWLEDGE of the smoke and OPPORTUNITY to avoid it. They're just whining because they're so selfish they want others to cater to their needs, and so they use this made-up "right" to FORCE others to conform to their wants.

That's what it's really all about. Nothing more, nothing less.

And I can send you info on dozens of studies on the effects of second-hand smoke.

That haven't been thoroughly debunked? You have studies that show conclusively that second-hand smoke causes cancer?

Bring 'em on!

It's the freaky "Radar-Detector Libertarian" streak running in you. All about your rights (even your right to expose your workers to carcinogens), never about your responsibilities.

That sentence just shows how pigheaded you are. Rights and responsibilities go hand in hand; you can't have one without the other. And if you'd actually bother to learn the first thing about libertarianism you'd know that that's a commonly held viewpoint among libertarians.

If there is a place where people are smoking, they want to smoke, and the owner of the property doesn't mind them smoking, you have ABSOLUTELY NO RIGHT to tell them that they should behave differently just to accomodate you. If YOU make the choice to go there, then YOU accept the responsibility for YOUR actions.

This isn't about making smokers behave responsibly; this is about anti-smokers trying to avoid THEIR responsibility because it's too much trouble for them.
 
Ziggurat said:
Because often times people have a hard time finding jobs, and will take whatever job they can get. And some employers will inevitably abuse that unequal relationship if workers are not protected.

Haven't you gotten tired enough of being proven wrong on this in the Minimum Wage thread?
 
Silicon said:
But see, everyone's forced to work SOMEWHERE.

They are? Strange; I haven't worked anywhere in over a year and I'm doing fine...
 
shanek said:


Because second-hand smoke has NEVER been shown to be carcingenic; only direct inhalation of cigarette smoke.


Dance dance dance around the truth.


It HAS been shown to cause Coronary Heart Disease, asthma, and other harms.


But since you seem to think that Cancer is the only harm (regardless that asthma kills more children), here's some Cancer at ya!

Here's a group that looked at "all significant published evidence related to tobacco smoking and cancer, both active and involuntarily" worldwide.

This is a working group that analyzed the multitude of studies out there, and evaluated the weight of the findings of each of them, to determine, not based on ONE study, but based on the weight of ALL the collected data, for and against.


The International Agency for Research on Cancer found in 2002 that:

"There is sufficient evidence that involuntary smoking (exposure to secondhand or 'environmental' tobacco smoke) causes lung cancer in humans.


Nonsmokers are exposed to the same carcinogens as active smokers. Even the typical levels of passive exposure have been shown to cause lung cancer among never smokers. Second-hand tobacco smoke IS carcinogenic to
humans."

(emphasis theirs)

http://www.iarc.fr/pageroot/PRELEASES/pr141a.html
 
shanek said:


Because second-hand smoke has NEVER been shown to be carcingenic; only direct inhalation of cigarette smoke.

Is there any evidence that shows that second hand smoke differs in any significant way from directly inhaled smoke? If not then the argument appears to be that if you are smoking the cigarette, it is dangerous, but if someone is standing next to you inhaling the smoke from the same cigarette, it is safe. What is it in the 12 inches of air that the smoke passes through that changes it from carcinogenic to safe?
 
shanek said:


They are? Strange; I haven't worked anywhere in over a year and I'm doing fine...

That's just nonsensical.

You're a terrible arguer.

Is that REALLY your point? Because YOU haven't worked in a year (not surprising, actually) then NOBODY needs to work ANYWHERE?

SMOKE AWAY HUMAN CHIMNEYS! Shanek says we don't have to work!!!!!

WOOOHOOOOO!!!!!!
 
shanek said:


Nice farkin' try, troll. But YOU made the claim, and YOU are the one wanting to force YOUR lifestyle choice on others. It is up to YOU to supply the proof.

Thank you for admitting that you can't do that.
Dude, if you are going to go on and on about this, at least be honest in what he stated in the beginning. He was just comparing it to the Patriot Act, and pointing out that the Patriot Act can violate rights that are actually in the constitution (for example, the right against unreasonable search and seizure). Ths is what he said (bottom of page 1):

Smoking is not a fundamental constitutional right, and nothing in the constitution protects your ability to smoke. The Patriot act can be used to deprive citizens of constitutional rights. The two situations are fundamentally different, and no amount of posturing on your part is going to change that.

It is you who claimed that it is somehow protected by the Constitution. It has been pointed out to you that the law is State, not federal, and there is nothing unconstitutional about it.

If you want to say the smoking ban is unconstitutional, back it up. Otherwise, this is a very pointless argument.
 
shanek said:


If there is a place where people are smoking, they want to smoke, and the owner of the property doesn't mind them smoking, you have ABSOLUTELY NO RIGHT to tell them that they should behave differently just to accomodate you.

That's correct, if it's not a workplace.

If it IS a workplace, the government has the responsibility to protect workers.

The citizenry has entrusted government with that responsibility.


What's next, Shanek? Another go-round on the data that shows all the health risks of second-hand smoke, while you stick your fingers in your ears and go "na-na-na-not-listening!"?

Debunked that New England Journal of Medicine study yet?


Here you go, studies on environmental tobacco smoke. Theres 107 of them in the National Library of Medicine. Start refuting them.


http://www.ncbi.nlm.nih.gov:80/entrez/query.fcgi?CMD=search&DB=PubMed


When they've all been refuted, as you say they all have, we'll talk again, I'm sure.
 
shanek said:

That haven't been thoroughly debunked? You have studies that show conclusively that second-hand smoke causes cancer?

Bring 'em on!

Yet more blah blah blah. We went over this before at the start of the thread. There are problems with both the studies that show cancer and heart disease affects from second hand smoke, as well as those that claim to see no effect. But the links I posted showing agravation of asthma are conclusive, and nobody on this board has posted ANYTHING that contradicts them, in either the form of contradictory studies or even criticisms of the studies themselves. So instead you choose to ignore them. Blah blah blah.
 
How to argue like Shanek:


"You can't ban smoking, government has no right to do that"



Well, yes, legally they can.


"There's nothing that proves environmental tobacco smoke causes heath problems"



Well, yes there are. Hundreds of studies. It causes cancer, asthma...


"You can't ban smoking, government has no right to do that"



Ummm... we showed that they CAN.


"There's nothing that proves environmental tobacco smoke causes heath problems"



Well, it causes asthma, coronary heart disease, stroke....

"There's nothing that proves environmental tobacco smoke causes CANCER"


Actually, didn't we already post stuff that shows it causes cancer?


"You can't ban smoking, government has no right to do that!!!!"



More lessons from the master to follow, I'm sure.
 
shanek said:


No, you believe the government has the power to enact a smoking ban. Governments do not have rights, they have powers; and powers are different than rights.

You are correct shanek, thankyou for correcting me on a mistatment. I did mean to say that I accept that the government has the power to enact this ban, not that the government has ANY bussiness (or "right") limiting the use of a legal substance in its traditional setting.
 

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