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Libertarians and the Smoking Ban

January 27th, 2011 2 comments

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Bowling Green (hometown of newly elected Senator Rand Paul) just passed an ordinance to outlaw smoking in public places (there is an exemption for places like tobacco-centric establishments).  The law was passed by a 3-2 vote of the city commission; it had very vocal support from both sides.  I found it a bit odd (out of character may be a better word) that it was brought up by Commissioner Slim Nash who, on other occasions, has expressed many libertarian leanings. [Side note: I am generally a pretty liberal guy, but there are a lot of positions Libertarians take that I strongly support.]

The discussion around this local ordinance got me thinking.

I find it interesting when Libertarians complain about the passage of things like smoking bans.  Isn’t one of the main arguments of libertarianism that laws should be community specific?  I can’t even recall how many times my Libertarian friends have said, "Big government shouldn’t be deciding that, it should be left up to local communities."  The idea is that people can move to communities that share their ideals. Now, it seems to me that things like smoking bans are perfect examples of community based legislation enacted through the will of local communities.  If a business (like the VFW, who strongly opposed the legislation) doesn’t like the law, they are free to move outside city limits and not be covered by the rules.

Maybe I am missing the point, after all, I am not well read on the works of people like Ron Paul or Ayn Rand, but isn’t this a case of Libertarianism in action.  I can understand Libertarians opposing the law while it is up for discussion, but once it passes isn’t it a great example of community based legislation?

For the record, I have mixed feelings on the law, but wanted to post a few thoughts.