Ken (Rexford, not berg): I do 'get it'...but I am not sure that you do, because of the arguments you raise seem illogical on a deep level.
However, maybe you are one of those people who are thoroughly consistent rather than, as I assume, somewhat naive to your own motivations. Let's see.
Johnny and Billy make crystal meth. They only sell it to people who agree to use it while on the premises of their private club, and they require that users remain on the premises while under the acute intoxicating effects of the drug.
Do you support their right to do so? If not, why not?
Do you support their right to advertise their product and service?
If not, why not?
(clue: 'it's against the law' is not a justification....after all, maybe smoking is against the law)
Johnny is terminally ill and wants to kill himself. He is handicapped, so he needs help...should the law allow someone to help him? If not, why not? Surely the ultimate measure of freedom must be the right to decide whether we continue living?
Johnny loves to torture small animals. He does so only in his back yard....his neighbours are free not to watch or listen...heck, they can choose not to live next door...or maybe they can join in the fun. Should this be against the law? Why?
Johnny wants to sell tainted meat. He wants to advertise it as tasty and cheap. We have a choice of government food inspection or allowing the tort system to eventually catch up with him....too bad he took his profits out of state...or spent them all so that his victims are without recourse (plus, if they have no health care, they are bankrupt even if they survive). Should this be against the law, or should we rely upon the market?
Now, if you answer that the government has no role in regulating ANY of the aforementioned activities or even no role other than in the tainted meat department, I will revise my view of your position. I will revise it from naive to right wing wingnut, but I will review it and I will respect your integrity even as I deplore your approach to the world....as you no doubt deplore my left wing wingnut status
However, if you answer that government CAN legitimately stop any of these activities (possibly beyond the tainted meat one), you have betrayed your (innocent) intellectual dishonesty...you have betrayed that what offends you is NOT deprivation of freedom but deprivation of freedom to do what you, as a selfish individual rather than you as a representative individual, want to do. It won't be a principled objection, only a selfish one.
Just so we are clear: I support the right to end one's life and to help others to do so.....subject to ensuring that the decision is not a momentary impulse and that there are objectively verifiable reasons for concluding that the causal factors cannot be ameliorated. I support the notion that one should be free to smoke at home, but not in the presence of individuals incapable of informed consent to exposure to second hand smoke. However, I oppose the right of cigarette manufacturers to advertise their product....or, indeed, to sell it...tobacco should be available only to those who grow it or members of clubs or collectives...in other words, not for profit.
I support the right to use soft drugs, but not drugs that demonstrably create significant risk that the individual cannot function in society...tho if one is rich enough that one can afford the habit, anything goes that does not harm others...including crystal meth and heroin. So I am a mix of libertarian and left wing wingnut, I suppose
To me the litmus test is: if an activity hurts others, in a reasonably direct way, it can and probably should be regulated by government up to and sometimes including prohibition. But if it hurts noone who has not given informed consent, and has no significant societal costs arising from the effects of the activity on those involved, then....enjoy!
So (almost all) forms of sexual activity between consenting adults, all forms of (non-permanently disabling) recreational intoxicants or mood altering substances, consumed in private....enjoy!
Smoking tobacco in public places does not meet these tests. Oh, it would in a perfect world, but the reality is that most people who work in low-end bars and restuarants don't make much money, and don't have much job mobility. To argue that no-one forces them to work there is facile, and reflective of a very cruel view of the world, imo. Give someone the choice of starving or going homeless now or risking an excruciating but not inevitable death 20 years from now, and most would opt for the paycheque.....
As for the economic impact on businesses of a smoking ban, I have no trouble with the notion that a ban would have a short term impact....but I dispute that it would have a long term impact. People adjust, and once it is 'normal' not to smoke....why, people (including smokers) start going back. Anyway, the cost to the industry of a smoking ban would almost certainly be more than offset by the gain to society as a whole from an overall reduction in smoking related diseases.