Nanny-Statism

Unenforceable Smoking Ban?

I missed this earlier, and just saw it over at the Blogfather's place.  At the risk of resurrecting a long-dead horse simply to administer yet another group pummelling:

A Bureau County judge essentially made the Smoke Free Illinois Act unenforceable Tuesday by ruling that circuit courts had no jurisdiction to handle violations of the act.

The decision by Associate Judge Cornelius Hollerich, combined with the rejection of proposed regulations for the statute by the state earlier this year, appears to leave no recourse for the prosecution of smokers cited for lighting up indoors in public places.

The ruling came in the long-delayed case against Duane Alexander, who was ticketed for allegedly smoking in a Spring Valley tavern in February.

Alexander's lawyer, Peoria attorney Dan O'Day, said the ruling has immediate, far-reaching implications for the smoking ban.

"This ruling, if it's correct - and we think it is - is that there's no way to enforce the Smoke Free Illinois Act right now," O'Day said. "There should be no more arrests for smoking."

Discuss.

Blagojevich's Interstate Cameras

Saw this on Drudge.  More lunacy from Gov. Blagojevich.

To make good on his offer to help Chicago combat violence, Gov. Blagojevich envisions putting speed cameras on interstates across Illinois -- and using the revenue to form an "elite tactical team" that would operate in Chicago and other cities.

The idea is in its infancy, with no budget and no timetable.

Sigh.

Urbana Cell Ordinance Passes

Urbana's scaled-down restrictions on cell-phone use while driving have passed:

The Urbana City Council voted 6-1 Monday night in favor of an ordinance banning the use of text messaging while driving. The ordinance also enacts a $750 fine for those who are using cell phones while driving during the time of an accident.

Additionally, the ordinance requires that the Urbana Police Departments track the frequency of car accidents where cell phone usage plays a role. The report will span from July 1, 2008 to June 30, 2009 and with finding being presented to the council afterwards.

The ordinance does include a clause that would make some city government workers exempt, saying that "all law enforcement, fire rescue personnel, emergency vehicle operators, public works personnel and other government personnel are exempt from this section if a mobile communications device is a piece of equipment necessary to the normal functions of their position."

As I've said, I doubt this will satisfy the nanny-staters, but this law is much more reasonable than the original draconian proposal.

Perot's Federal Fiscal Charts

Ross Perot has a new (at least it's new to me) website with some educational information including a

slide show on federal revenues and spending and projections for the future.

 

Urbana and Cell Phones

From today's News-Gazette:

Police Chief Mike Bily said he doesn't see major problems with enforcing a proposed new ordinance that would impose a $750 city fine on drivers who get into a traffic accident while talking on a cell phone or two-way radio.

The proposed ordinance, which won tentative city council approval Monday night, also would ban drivers from text messaging while driving.

A final council vote is scheduled for next Monday.

Bily said city police officers investigating an accident will ask the drivers if they were using a cell or mobile phone, two-way radio, or text messaging, at the time of the accident. Passengers and other witnesses will also be interviewed.

"I'd like to believe a portion of the public will be honest," Bily said. "That's typical of what we do when we investigate an accident. We're not usually present when an accident occurs. We ask what happened and seek out witnesses."

In some cases, such as when a fatality occurs, a driver's phone records might be subpoenaed, he said.

This makes a lot more sense than banning them outright, but the nanny-staters won't be satisfied.

Urbana Cell Phone Ban On Hold

The forces of reason and common sense have won a rare, if temporary, victory.

A proposed ordinance banning cell phone use while driving might be put off indefinitely by the city council.

Alderman Charlie Smyth, D-Ward 1, who proposed the ban, said the city might instead opt to take some interim steps while gathering information about how often traffic accidents occur due to cell phone use while driving.

In the meantime, the city council will consider enacting a distracted driving ordinance under which a person who gets into a traffic accident while talking on a cell phone or similar activity would be subject to a traffic ticket with a substantial fine of $500 or more, he said.

Yea!

Urbana Delays Cell Ban Decision

From the Daily Illini:

[T]he Council must also consider how the law will be enforced between Champaign and Urbana and how effective such a ban would be. Acting City Attorney Ron O'Neal Jr. said having a one-year study to see how many traffic accidents are directly related to cell phone use may give the Council a better idea of how effective the ban would be.

"We have to get data from other states and communities to see if such a ban was effective," he said. O'Neal argued that such studies would give the Council a starting point.

That's not going to make the nanny-staters happy.  They're going to have to re-double their demagoguery.

State Smoking Ban Unenforceable, Unconstitutional?

From our very own Steve Beckett:

Sangamon County authorities have concluded that Illinois’ statewide smoking ban, as written, is probably unenforceable. But that doesn’t mean you can get away with smoking in your office or in a bar or restaurant.

Assistant state’s attorney Dwayne Gab, who has reviewed the statute, said it has constitutional problems.

As a result, Sangamon County is sending out “informational letters” to people accused of violating the ban but is not issuing citations or attempting to impose fines.

Steven Beckett, director of the trial advocacy program at the University of Illinois College of Law, called the statute “messed up.”

“I predict it’s going to be found unconstitutional at some point in time,” Beckett said. “I think ultimately, it (the smoking ban) is a hot potato. Nobody wants to enforce it.

Nobody tell He Who Shall Not Be Named, or his head will explode.

(Hat tip: CapFax)

Urbana's Latest Regulation

After this latest preventable death outside their jurisdiction, the Urbana City Council has is now considering an ordinance to ban trains from traveling within city limits.

Urbana Cell Ban Advances

The proposed Urbana cell phone ban has advanced in Urbana, with the Council unanimously asking the City Attorney to draft an ordinance for consideration.

Alderman Charlie Smyth, D-Ward 1, who proposed the ban, Ralph Lewis, D-Ward 3, Prussing and Alderman Brandon Bowersox, D-Ward 4, all raised their hands when asked if they supported a ban – though Bowersox only raised his hand slightly and indicated afterward that he's still thinking about the issue.

Chynoweth, D-Ward 2, said she would like to ban use of handheld cell phones while driving, but allow use of hands-free cell phones. Lynne Barnes, D-Ward 7, said she would like to consider strong penalties for someone who gets into a traffic accident while talking on a cell phone.

Dennis Roberts, D-Ward 5, and Heather Stevenson, R-Ward 6, did not appear enthusiastic about such an ordinance.

Cell Ban in Urbana

From today's News-Gazette:

"You've got to start somewhere," said Smyth, a Democrat who represents Ward 1. "We're a city with a lot of pedestrian and bicycle activity. We've seen some deaths.

"The fact is, the use of a cell phone in a car or vehicle distracts you, no matter how good you think you are at multi-tasking," he said.

Discuss.

Choice

I enjoyed this commentary.

Why do we think we are helping adult consumers by taking away their options? We don't take away cars because we don't like some people speeding. We allow state lotteries despite knowing some people are betting their grocery money. Everyone is exposed to economic risks of some kind. But we don't operate mindlessly in trying to smooth out every theoretical wrinkle in life.

The nature of freedom of choice is that some people will misuse their responsibility and hurt themselves in the process. We should do our best to educate them, but without diminishing choice for everyone else.

I enjoyed it even more knowing that it had been written by George McGovern. 

It's a marked contrast to the rhetoric coming from the Presidential candidates this year.

Urbana's Common Sense

From today's News-Gazette:

The mayor said she is proposing:

– That commercial properties, including apartment buildings and the downtown area, be required to remove snow from sidewalks. But the emphasis will be on obtaining voluntary compliance. Enforcement is likely to be patterned after the city's no-smoking ordinance in bars and restaurants, with violators first receiving education, then warnings and then "penalties as a last resort," Prussing said.

– A voluntary approach to clearing sidewalks in residential areas. Prussing said she will try to create a "good Samaritans corps" of residents who own snow blowers to clear sidewalks along major arterial streets and major walking routes to schools and grocery stores.

At least requiring everyone to shovel is logically consistent, even if it's ridiculous overkill.  But requiring businesses only is both illogical and unnecessary.  But I can't really blame Urbana, as Champaign passed this illogical and unnecessary requirement first.

I'm hopeful about the emphasis on voluntary compliance.  Perhaps there is a unit of government in our area that still has a little bit of faith in the fundamental goodness of the people it governs.  Hopefully a little education and urging will remind people to do the right thing.

A Toymaker's Conscience (and Nanny-Statism)

This link is to an article about toy manufacturer compliance with standards to protect workers in overseas plants and to ensure the safety of their products--a somewhat more important, but less visible issue than my last blog post about baseball and drug use.   The artcile focuses mostly on Mattel.   Partcipants in this forum who invoke the term "nanny-statism" or have interest in protecting people as well as whales should have some comment

http://www.nytimes.com/2007/12/23/magazine/23Mattel-t.html?th&emc=th

Making criminals out of children for consensual sexual activity is evil.

I post this here without comment or opinion for comment. This was posted by user tehutchinson on the News-Gazette forum, and posted here with tehutchinson's knowledge and permission.

 

Making criminals out of children for consensual sexual activity is evil.

LINKS http://www.currentargus.com/ci_4783650
http://hrw.org/reports/2007/us0907/7.htm#_Toc176672588
http://www.argusleader.com/apps/pbcs.dll/a.../NEWS/709030323
http://citybeat.com/gyrobase/Content?image...id=oid%3A140906
http://www.heraldextra.com/content/view/229035/
http://www.courier-journal.com/apps/pbcs.d...D=2007709060369
http://www.oregonlive.com/news/oregonian/i....xml&coll=7
http://blog.oregonlive.com/oregonianextra/..._county_sp.html
http://www.ocregister.com/opinion/butt-one...unts-cornelison
http://www.winknews.com/news/local/8564197.html
http://kutv.com/topstories/local_story_210004013.html
http://www.abqtrib.com/news/2007/jun/12/ge...grief-sex-case/
http://www.chicagotribune.com/news/opinion...pinionfront-hed
http://www.counterpunch.org/rosen08142007.html
http://www.fosters.com/apps/pbcs.dll/artic...ERS01/102260093
http://www.cwarkansas.com/news/local/story...3f-1b7eb7b9ab11
http://www.winonatimes.com/articles/2006/1...news/news02.txt
http://www.daytondailynews.com/n/content/o...307oakwood.html
http://www.jacksonville.com/tu-online/stor...t_7764014.shtml
http://www.crescent-news.com/news/article/1546512
http://www.americanchronicle.com/articles/...articleID=27621
http://news.scotsman.com/politics.cfm?id=259572007
http://pw1.netcom.com/~docx2/USB1.htm
http://www.sptimes.com/News/052001/Perspec..._the_law_.shtml
http://www.news4jax.com/news4georgia/10990608/detail.html
http://www.nytimes.com/2007/04/15/washington/15sex.html
http://discover.lancasteronline.com/sp?keywords=203557
http://blogs.chron.com/texaspolitics/archi...ffenders_d.html
http://www.eastvalleytribune.com/index.php?sty=83904
http://www.azcentral.com/specials/special1...enders0213.html
http://www.youtube.com/watch?v=n6NDnGN_mBQ
http://www.upress.umn.edu/Books/L/levine_harmful.html
http://www.dollandassociates.com/sexuality.html
http://www.dailypressandargus.com/apps/pbc.../709180302/1002
http://www.boychat.org/messages/1092366.htm
http://www.nytimes.com/2007/07/22/magazine...agewanted=print
and http://www.ethicaltreatment.org/

Then they are placed in institutions where real sexual abuse (as opposed to consensual sex) is common. How ironic.
http://www.nytimes.com/2007/02/28/us/28youth.html
http://www.nytimes.com/2007/03/24/us/24youth.html
http://www.dallasnews.com/sharedcontent/dw...yc.bfd8282.html
http://www.dallasnews.com/sharedcontent/dw...ex.1bd0f05.html
http://www.foxnews.com/story/0,2933,265924,00.html
and http://www.nytimes.com/2007/05/15/us/15brfs-youth.html

And don't think that real abuse is limited to correctional staff or the State of Texas.
http://www.dailypress.com/news/local/dp-19...hr_tab01_layout
http://www.enquirer.com/editions/2001/07/0..._seeks_75k.html
http://seattletimes.nwsource.com/html/loca...syndication=rss
and http://www.enquirer.com/editions/1999/09/2..._jeered_by.html

The adults in our society insist that they have sexual freedom for themselves. Popular culture is saturated with sexuality. Why would anyone think that teenagers would want anything less? The kids are voting for it and not with their feet.
http://cbs4denver.com/local/local_story_128110500.html
http://www.youtube.com/watch?v=Ki2M3-2W-cQ

Champaign Liquor Restrictions Defeated

From the Daily Illini:

The Champaign City Council voted down an ordinance, 5-4, Tuesday night that would have tightened alcohol regulations in city bars in front of a meeting chamber nearly filled with students.

If it had been passed, the ordinance would have prohibited celebrity bartenders and shot servers who are not certified by the Training for Intervention Procedures program. It also would have required hosts of private parties to sign a contract detailing the event, as well as prohibited special drink prices during those parties.

Champaign mayor and liquor commissioner Gerald Schweighart said much of this ordinance stemmed from liability and accountability issues during private parties at bars.

In that article, there's also some suggestions to diband the Liquor Advisory Commission.

Clothes Codes

The New Temperance

Quite well put.

 

The New Temperance

By Tom Robotham
Tuesday, Aug. 14, 2007

Signs, signs, everywhere there’s signs

Blockin’ out the scenery, breakin’ my mind

Do this, don’t do that, can’t you read the sign

- Arthur Thomas

In his book The New Temperance, published in 1997, author David Wagner observed that "the last decades of the 20th century may well be remembered as a time when personal behavior and character flaws dominated the American mind." News reports on the deaths of Jerry Garcia and Mickey Mantle, he noted, were "exercises in moral diagnosis," while a steady stream of public service announcements urged us to "just say no to drugs, cigarette smoking, fatty foods," and other "vices."

I see no indication that this new temperance movement has abated. You can see examples of it, locally, in Virginia Beach’s no-cursing signs and in Norfolk’s revived effort to ban smoking citywide in bars and restaurants.

When I brought this up with a friend last week, he immediately challenged me, arguing that the smoking ban is different. It’s a public health issue, pure and simple, he said.

I can see his point. One indication that banning smoking in bars and restaurants is not primarily an expression of the moralistic impulse of our own Puritan heritage is that the same ban has already taken hold in Ireland, among other places. The official rationale for this ban is that non-smokers—especially bartenders, waitstaff and musicians, who can’t easily pick up and go to another bar—need to be protected from secondhand smoke.

And yet, as I observe the growing disdain toward smokers, I can’t help thinking about a book I read in graduate school called Wayward Puritans: A Study in the Sociology of Deviance, by Kai T. Erikson. The main argument of the book is that societies need to identify certain behaviors as unacceptable, not simply because those behaviors are intrinsically bad but because doing so makes the mainstream society more cohesive and make us feel better about ourselves. If we somehow managed to wipe out all behavior that is currently considered dangerous, whether physically or to our moral fiber, Erikson suggests, we would have to create a whole new set of unacceptable activities.

It’s important to bear this in mind as we talk about a citywide smoking ban in bars and restaurants, not only because it’s a good idea to take all motives into account when considering public policies and private actions alike, but because laws have long-term consequences beyond their immediate impact.

The long-term consequences of the smoking ban, supporters argue, will be a reduction in lung disease and the creation of more pleasant social environments. Indeed, my friend, who is a musician, said he objects to playing in smoky bars not only because of the potential threat to his health but because such places are simply obnoxious. "When I go home," he told me, "I have to shower before going to bed because I can’t sleep with the smell, and I have to air out my guitar cases outdoors."

Fair enough. But another potential long-term consequence of any law is that it may someday be used as a precedent for more restrictions. When we’re talking about restrictions on personal behavior, such precedent setting can be alarming. Is it not possible, for example, that we might see a day when cigarette and cigar smoking would be outlawed in private homes where children are present, on the grounds that smoking around kids constitutes child abuse?

That would never happen, my friend argued.

But I’m not so sure. I reminded him that in the early 1960s—after the dangers of smoking had already been clearly identified and warning labels on packs had become mandatory—anyone would have been laughed out of the room if they worried aloud that smoking might someday be banned in pubs—in places like Dublin, no less. You’re just being paranoid, would have been the response.

My friend argued that if he had his way, tobacco would be outlawed in the same way that other recreational drugs are. But if you ask me, we have too many laws regulating personal behavior already. We should have learned our lesson from Prohibition, but we didn’t. Raising the drinking age to 21 did nothing to minimize the problem of binge drinking among teenagers and college students. If anything, it aggravated the problem, by heightening its appeal as a forbidden activity and by forcing teens to learn to drink in parked cars, wooded areas, alleys and basements when the parents are away.

I’m also ambivalent about helmet and seatbelt laws. I’ve been routinely buckling my seatbelt ever since I learned to drive, not because it was the law (it wasn’t, back then) but simply because someone told me it was a good idea. It was common sense. But if I choose not to do so, shouldn’t that be my prerogative?

Ditto, when it comes to riding a motorcycle without a helmet. And certainly a bicycle. Which brings me back full circle to the moralistic impulse associated with the regulation of personal behavior, whether that regulation comes through laws or just social pressure. When I ride my bike to work, I rarely wear a helmet. There’s risk, I know. But having grown up in an era when bicycle helmets didn’t even exist, I view the risk as minimal.

That this should be my personal decision seems to have been lost on many people. On at least a dozen occasions, I’ve been lectured by acquaintances about the danger of not wearing a bicycle helmet.

The trouble with their argument is not that they are wrong, per se. It’s that all of these efforts aimed at public health and safety are somewhat arbitrary. Indeed, if we were really concerned about minimizing deaths and injuries in car accidents, for example, we wouldn’t focus on seatbelt laws. We’d tear down highways and build massive new rail networks for passengers and freight.

Likewise, if we’re talking about child safety, why stop at helmets for bicyclists and skateboards? Why not start a campaign to encourage surfers, for example, to wear helmets, neck braces and other protective gear?

I know, I know: This is probably coming off like a hysterical, paranoid rant. But again, if you look at these questions in the context of history, they’re not that far-fetched. The fact that a cigarette ban in Irish pubs would have sounded utterly absurd if floated in conversation in 1965 underscores my point. So does the fact that a child clad in all the latest safety gear would look like some diminutive space alien if he somehow managed to travel back in time to the 1960s or ‘70s. Undoubtedly, he would be safer than my friends and I if he joined us for a spin around the neighborhood. But where’s the tradeoff? Where’s the sense of childhood freedom when you’re layered with helmets and knee pads and all manner of other things?

Where, for that matter, does our adult sense of freedom go when we’re denied a succession of things that were once considered small pleasures but are now considered unacceptable vices? I don’t smoke cigarettes, as a rule. I enjoy a couple of cigars a week. But this is not about my habits. It’s about my ability, and yours, to decide that certain pleasures are worth the risks associated with them. The proposed smoking ban won’t take that right away. But it seems to me that if this trend toward regulation continues, we may one day live in a society that is exceedingly safe and healthy but is so joyless it’ll make the Puritans look like the case of Animal House by comparison. •

Pennsylvania Senate injects sanity into state smoking ban

(AP) HARRISBURG, Pa. Senators have carved loopholes into legislation to ban smoking in many public and work places in Pennsylvania. After two hours of debate, they voted 29-to-21 to insert partial or complete exemptions for slot-machine parlors, private clubs, bars and cigar bars. That vote sets up the newly changed bill for a final vote as early as Tuesday. Debate on the bill revolved around protecting public health versus preserving individual liberties. Opponents of the exemptions criticized them as watering down the legislation. It would also upend the smoking ban put in place last year in Philadelphia, which banned smoking in casinos, restaurants and most bars.

 

Maybe they noticed how well Champaign's system is working. Hopefully it's a trend.

It just goes to show, it's alway something - Roseanne Roseannadanna

Smoking ban leads to environmental row over pub heaters

Wednesday June 20 2007

 

If environmental campaigners have their way, smokers may not simply be banished from bars and pubs once the government's anti-smoking legislation kicks in on July 1; they'll be freezing cold too.

by Nick Morgan

The problem - as demonstrated by the Scots who already have a smoking ban in place - is that pubs naturally want to retain their smoking customers. So they've bought up patio heaters in abundance to keep the smokers warm while they get their nicotine fix.

But new research by British Gas found that the heaters could end up damaging the environment more than gas-guzzling 4x4s. According to their figures, a commercial gas-fired patio heater can emit almost 4 tonnes of CO2 a year. That's two-thirds of the six tonnes of CO2 emitted by the average household.

Furthermore British Gas reckons that patio heaters in Scottish pubs emit up to 10,000 tonnes of CO2 annually, with the average heater emitting more CO2 in a year than a Range Rover. They calculate that the figure could rocket to 160,000 tonnes of CO2 once English pubs follow suit. That's almost 10% of the annual reduction the UK needs to meet its Kyoto commitments by 2012.

“We're working hard to help homeowners reduce their carbon footprint by cutting down on wasted energy,” said British Gas Energy Efficiency manager, Jon Kimber. “There has been a real step change in people's concerns about reducing their impact on the environment and it's worrying to see these efforts cancelled out by a sudden boom in patio heater sales.”

British Gas surveyed 250 pubs in Scotland, where the ban on smoking has been in place for nearly a year, and found that half had purchased a patio heater for customers, with many others also considering buying one. This concern has led to Friends of the Earth calling for an all out ban on the sale of patio heaters.

"Patio heaters waste energy and inflict unnecessary damage on the environment,” said Friends of the Earth Director, Tony Juniper. “UK carbon dioxide emissions are rising, despite Government promises of substantial cuts. Ministers must do more to get their climate strategy back on track. It's time to ban the sale of these metal monstrosities."

A smattering of retailers has heeded the call. Leading garden chain Wyevale has announced it is to stop selling patio heaters, while garden centre chain Notcutts said they will follow suit and "have now elected to sell through current stocks of Gas and Electric Patio heaters and not to stock in the future".

Does this mean smokers will freeze? Perhaps not. British Gas has some solutions for pubs who want to remain environmentally friendly without risking frostbite for their smoking customers. It recommends wood-burning chimeneas or braziers, which offer a carbon neutral way to keep warm outdoors; or electric heaters, which emit less CO2 but give off more focused heat.

Ben Tuxworth, Communications Director at Forum for the Future, offered a rather different solution.

“It's pretty sad that keeping warm while you have a cigarette is more important than tackling climate change, especially in a country familiar with simpler remedies to chilly evenings, such as the woolly jumper!” he said. “Surely these pubs could save money by scrapping the patio heaters and offering free pints to people who give up smoking.”

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