by Pat Gray

Created on: December 22, 2008

Smoking should be banned in public places, but we need to define "public" before we start listing places where smoking is no longer allowed.

According to one definition, "public" is "accessible to or shared by all members of the community". Another definition says "of, relating to, or affecting all the people or the whole area of a nation or state <public law> b: of or relating to a government c: of, relating to, or being in the service of the community or nation".

By these definitions "public" is common ground, accessible by all and controlled by the community or by the government - "affecting ALL the people" or "accessible to .... ALL members of the community". By these definitions, sidewalks, streets, government facilities, parks, the library and the post office are public.

What is not included, and what some activists and government officials seemed determine to include are places the public MAY access, but which are in reality "private" establishments - businesses including restaurants, pubs and bars which are owned by individuals - not owned by the government or the community.

Restaurants, stores, bars and pubs are privately owned, at least in most countries, so why are they being targeted by anti-smoking legislation? For that matter, why are privately owned businesses required to enforce smoking bans in their workplaces?

So let's return to the definition.

If public "is shared", "relating to or affecting all the people" or "relating to a government", should bars and restaurants, or other privately owned businesses be required, by law, to ban smoking?

As much as I like a non-smoking environment, I don't think smoking should be banned by law in premises owned by private individuals or companies. If the owners make the decision, that is their choice, their right and and their rights SHOULD be supported by law.

The general, the "public" doesn't have to go into any private businesses - whether they patronize or work at a private establishment that permits smoking is their choice.

Public spaces - parks, schools, libraries, public galleries and museums, government offices are truly public. Everyone can and occasionally must visit these places. Perhaps more importantly, these places are owned by "the public" (after all, don't forget that the public IS the government), so smoking in these areas should be prohibited.

If a space is NOT public - i.e. owned by a private concern - and the public has no absolute need to be there, let the owner of that space decide whether smoking is allowed or not.

As time goes on, our freedoms are being eroded, including our freedom to be stupid if we so choose. The problem is, the more the government 'nannies' us, the stupider we seem to get - we have no mistakes to learn from!

So lets understand the differences and keep public and private separate. Protect "the public" but let the private sector do what they want to do - whatever they do, it is their choice and their right.

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