Red Clay Citizen

Hood on the Smoking Ban

John Hood devotes his daily column to eviscerating the "wimpy" proposed smoking ban.

The crudest argument for tobacco regulation is straight-out paternalism – government should tell you what to do with your own body. But not wanting to look like Big Brother, or at least like their own uptight parents, tobacco prohibitionists typically make other arguments for a smoking ban in restaurants.

He picks apart the arguments for the ban point by point, and says all the things I've been trying to say, just more coherently, eloquently and succinctly.

Smoking Ban Revisited

Looks like we're going to have another fight this session on a statewide smoking ban.  The Charlotte-O has a new article looking at its eventual revival.

When it was defeated in 2007, it was key that the argument was not about smoking -- smoking is disgusting and unhealthy, but the argument is about property rights.  The rights of private business owners to decide for themselves what their policy regarding smoking will be.

More and more restaurants are going smoke-free without a law.  You need look no further that the newly-opened (and ironically named) Tobacco Road Sports Cafe in swanky Glenwood South of Raleigh.  Brand new sports bar, and totally non-smoking.  The Bar's owners didn't need a bunch of lawmakers to tell them how best to run their business -- they decided the policy best for them, their customers and their bottom line.  They obviously feel they can be profitable as a sports bar that is non-smoking.  Good for them.

It is disappointing to read the House Republican Leader Skip Stam's comments -- a supposed free-market advocate who seems to have missed the point on this issue -- say that he would support the ban in bars and restaurants. 

House Minority Leader Paul Stam, R-Wake, who voted no in 2007, says he thinks the state shouldn't make all workplaces off-limits for lighting up. But he says he would consider a smoking ban for restaurants and bars.

Stam somehow thinks there is a difference between "private" workplaces and "public" bars and restaurants.  Fortunately, there isn't.  They are both private enterprises open to the public, but are first and foremost private institutions that should be able to operate their businesses without the interference of government.

So we'll have the same argument we had two years ago -- advocates for the ban will play the emotional card with heartwrenching stories of cancer and the harmful effects of smoking. Claiming that "public health" is at stake.

Nobody is debating that smoking is a health risk.  Where we are drawing a line though, as we did before, is who gets to decide who takes that risk. Goverment or individual consumers making market decisions about which establishments they frequent?  I say let the market decide smoking policy -- as it already is at Tobacco Road Sports Bar and many, many other restaurants, bars and workplaces that are going smoke-free without government edict.

Looking to get involved?

If you have ever had an interest in helping to shape state laws, here is your chance. The The Joint Study Commission on Municipal Annexation is holding a meeting on Jan 6th at 10:00 am. You can find out information at http://stopncannexation.com/ where you can also find out how you can be involved.

Annexation in NC is one of the last vestiges of "Taxation Without Representation." Cities have an almost unfettered right to take people into their boundaries and tax them with the affected citizens having NO SAY in the decision.

Here is a chance to be involved and have a positive impact on the future.

Golf Courses or Open Spaces?

Driving I-40 in Raleigh the other day I noticed some brown fields and gently rolling terrain visible through the leafless trees and pines. I had an AH HA moment when I realized it was the new NCSU golf course . It got me thinking. We take forested, undeveloped public land in the heart of one of the biggest urban areas of the state and turn it into a golf course run by the state. At the same time we are taking millions of tax dollars and buying open space to preserve it from development (like golf courses). Is anyone else confused by this paradox?

Disappointment in Palin

I've tried not to watch any of the Sarah Palin interview with Katie Couric, but I have read the postmortem reports of it, and one of her answers really disappointed me.

She was asked about which U.S. Supreme Court decisions she disagreed with she could only name Roe v. Wade.  She couldn't think of another.

I'm sorry, but I just find it disappointing that Kelo v. New London wouldn't be on the tip of her tongue.  I mean, it's only the biggest affront to private property rights this country has seen.

Annexation Moratorium Update

After Tuesday's House Judiciary II Committee recessed yesterday without a vote on a year long ban of forced annexation, there were some heavy "negotiations"  underway.  Reports of a screaming match in the office of the Speaker between unknown parties were soon followed by a reconvened session of the committee.   

Members were presented with a 10 month moratorium instead of a year while larger cities were not exempted from the process.  The effect of shortening the moratorium would allow cities to continue forcible annexation by April, 2009.  Given that the next legislature will only convene in January,2009, three months is hardly enough time to consider any well thought out changes to the way municipalities grow against the wishes of new citizens.

The moratorium still has a long way to go.  The full House would have to approve the measure and so would the Senate in what is rapidly turning into the closing days of the short session.  Despite all the obstacles in the way, a dedicated group of soon-to-be/recently annexed citizen activists continue to defy the conventional wisdom that you can't fight city hall.  Their dedication to making a difference in the legislative process is a guide for anyone who is dissatisfied with how government impacts their lives.

Legislative Lowdown: Forced Annexation

The House Finance Committee on Thursday, June 12th dealt a blow to cities in North Carolina that prefer to annex new territory without the consent of that area's citizens.  North Carolina is one of the few states that allow forcible annexation and anger has been building out in the hinterland for years.  Just last week, hundreds of local activists rallied in front of the Legislature and protested forcible annexation's biggest supporter, the taxpayer supported NC League of Municipalities. 

A study commission was appointed during last year's long session to examine the use of forced annexation in North Carolina.  That commission endorsed a one year moratorium on involuntary annexations in order to take a closer look at the issue.

The House Finance Committee heard testimony from citizens as well as government funded lobbyists and had a robust debate by members.  Rep. Prior Gibson (D-Anson) attempted to gut the moratorium by amending the bill in an attempt to reduce the moratorium from 12 months to 6 months in what was most likely a test vote.    Gibson called on legislators to show "political courage" by turning their collective backs on their constituents and stand up with big government.  The members of the committee soundly rejected Gibson's amendment by a voice vote. 

Ultimately, the committee voted in favor of stopping forcible annexations for one year by an overwhelming bipartisan majority of 25 to 4.

Members voting to support stopping forcible annexation:
Curtis Blackwood (R-Union), John Blust (R-Guilford), Becky Carney (D-Mecklenburg), Tricia Cotham (D-Mecklenburg), Bill Daughtridge (R-Nash), Bill Faison (D-Orange), Dale Folwell (R-Forsyth), Larry Hall (D-Durham), Jim Harrell (D-Surry), Dewey Hill (D-Columbus), Julia Howard (R-Davie), Ed Jones (D-Guilford), David Lewis (R-Harnett), Paul Luebke (D-Durham), Danny McComas (R-New Hanover), Bill McGee (R-  Forsyth), Deborah Ross (D-Wake), Mitch Setzer (R-Catawba), Paul Stam (R-Wake), Edgar Starnes (R-Caldwell), Thom Tillis (R-Mecklenburg), William Wainwright (D-Craven), Trudi Walend (R-Transylvania), Jennifer Weiss (D-Cary) and Larry Womble (D-Forsyth).

Members voting to continue forcible annexation:
Kelly Alexander (D-Mecklenburg), Jean Farmer Butterfield (D-Wilson), Pryor Gibson (D-Anson) and Bill Owens (D-Pasquotank).

House Majority Leader Hugh Holliman (D-Davidson) abstained from voting.

The next stop for the bill is the House's Judiciary 2 Committee.  If successful there, the bill would next go to the floor of the whole House and then onto the Senate.

WhoTube? Complexity and Economics

Wanted to share these video entries to the APEE/MBM Communicators contest. Check 'em out while gnoshing your lunch, maybe learn a lil something:

Part One

Part Two

Thanks,
Max Borders

Another Business Freely Choosing to go Smoke-Free

Without a edict from government, Sheraton Hotels have decided to go entirely smoke-free.

After seeing business after business deciding on its own to set its own smoking policy, can we all now realize this is the best way to go?

Open Space Contradictions

If votDaren Bakst has a great N&O piece about open space and all the silliness involved in that. Check it out:

If voters want to push government control of property that will promote high-density living and higher home prices, then the bond issue is a good idea. However, if voters want to protect property rights, low-density living and affordable housing, then the bond is a bad idea.