How do you feel about the proposed patio smoking ban? (Austin: living, bars)

[hoffdano]

Originally Posted by austinrebel

So is the City lying when they say second hand smoke is just as dangerous outside as it is inside?

Maybe not intentionally lying. But they are using the issue of second hand smoke to apply more control. They haven't cited any scientific data to make their point. I believe, until presented data otherwise, that the density ("particles per million" or similar) of whatever is in second hand smoke, must be significantly lower in an outdoor area compared to an indoor area.

Regardless, as a non-smoker, I do not believe it is my "right" to experience a smoke free outdoor patio at a restaurant. If the restaurant owner wants me to sit out there, they can make it smoke free. I don't think the city should force them to.

If the appeal of the area is huge, I would put up with the smoke. Just like I have done at many music concerts in my life, both indoors and out.

[hoffdano]

Originally Posted by mm57553

We outlaw things because people are personally annoyed by it all the time. Loud music, for example. If your neighbor's yard smells like trash or dog waste, it's not allowed and they can be ticketed. Many people in certain areas aren't allowed to operate businesses out of their homes because it can impact their neighbors. Panhandling is outlawed in many places. Etc., etc.

You are misinterpreting some of these laws.

Loud music in a residential area is an infringement of a widely held belief that a resident has a right to live in reasonable noise environment. The person playing the music has a right to enjoy his music, up to the point that it infringes on yours.

A restaurant owner with a patio is in a different situation. His customers visit his business by choice. And they choose to sit in the patio because they want to. The restaurant chooses the food they serve and the attire of their waiters too. If you don't like the type of food - you don't go there.

[graygray]

I simply hate smoking. I can sense any tiny trace of smell, and feel very uncomfortable. If it can be banned, Austin will be wonderful.

[Gorfml]

Eggshell society...

[TexasHorseLady]

Originally Posted by graygray

I simply hate smoking. I can sense any tiny trace of smell, and feel very uncomfortable. If it can be banned, Austin will be wonderful.

So you're of the theory that if you dislike something, the entirety of society should revolve around your likes and dislikes? Really?

How about if someone else dislikes your hypersensitivity and wants IT banned and laws passed that you can't be hypersensitive outside of your house, if there? You on board with that? Because if you want smoking banned because you "simply hate" it and because you think you can sense any tiny trace of smell (horrors!), that's exactly what you're saying. If being around someone who is that hypersensitive makes someone else feel very uncomfortable, you should be banned by law, by your own reasoning.

[Gorfml]

I agree with horselady...amazing!...

[oldtoiletsmkgdflrpots]

[quote=TexasHorseLady;28268299]So you're of the theory that if you dislike something, the entirety of society should revolve around your likes and dislikes? Really? /quote]


They didn't say anything of the sort. They voiced their opinion and if it doesn't agree with yours it is still valid. Does "live and let live" mean: as long as you're doing it our way? People have a "right" to not like the smoke.

[love roses]

And people also have the right to like it.

[PilarDLS]

Originally Posted by ImOnFiya

Most of all, Texas state law does not have a complete outdoor smoking ban on public open space and private businesses. Texas municipality (city) ordinances cannot surpass Texas state law.

Your assertion is incorrect. Barring state law pre-emption on this issue -- which I very much doubt -- municipalities and counties are free to enact whatever ordinances they see fit, assuming that they are not otherwise barred on constitutional grounds.

Like the plastic bag ban, Austin is free to enact a ban on smoking on patios open to the public in the interests of public health.

[TexasHorseLady]

Originally Posted by love roses

And people also have the right to like it.

Exactly. That's the part that the anti-smokers don't get. (I don't smoke, but I'm not an anti-smoker.)

That, and that the moment that they start insisting that their preferences be legislated, no matter what excuses they come up with to try to justify that, they have said that it's perfectly hunky dory to legislate against their preferences, as well.