However insignificant the minority, and however trifling the proposed trespass against their rights, no such trespass is permissible.

-- Herbert Spencer
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Property
 
 
"America’s founders reasoned that when the rights of private property owners are trampled under, other constitutional privileges would soon be endangered. Philosopher John Locke described private property as a protective 'fence' to corral a person’s liberty and protect the rest of his rights.

'Property rights have crucially contributed to our freedom and prosperity,' concurred Kentucky Supreme Court Justice William Graves in a courageous dissent regarding a ruling that upheld Lexington’s smoking ban in public places."

Joey on Property Rights


[We] are endowed by God with the right to own and use private property. Smoking, though highly unhealthful and distasteful, is legal. Further, it is the right and the prerogative of those who own private establishments to determine whether or not their patrons can engage in legal activities. Nonsmokers enter a private establishment as a privilege extended by the owner, not as a constitutional right. The private businessowner’s right to allow his patrons to engage in a legal activity supersedes the intolerance of that activity by those who patronize the establishment by privilege.

–Sen. Mike Folmer (PA)

This is the entire reason why BtBWI was formed; to help preserve the rights of property owners. As property owners ourselves, and as citizens of the state of Wisconsin and the United States of America, we must fight for this God-given right.

 

Senator Folmer hit the nail on the head. Entering a privately-owned business is a privilege, not a right. There is nothing in our Constitution that allows for anyone to enter onto privately-owned property.

Does anyone remember those signs that they used to hang up in bars that say: “We reserve the right to refuse service to anyone”? That sign is a proclamation of property rights. It means, “You are on my property because I allow you to be here. It’s still my property, even if the sign says ‘open’, and I can ask you to leave at any time, for any reason”.

This is also the purpose of a search warrant. Not even the government is allowed to come onto your property without reasonable proof of illegal activity. If we allow government to say that a legal act performed in your own business–your property–is now illegal, what’s to stop them from barging into your home while you’re enjoying some wholly legal substance, say, greasy fried chicken?

Once the veil of private property is pierced, all bets are off. There is literally nothing there to stop the government from coming into your home and telling you that you cannot perform a legal act on your property. Then, there is nothing to stop you–an otherwise law-abiding citizen–from becoming a criminal in your own home.

We’ve said this a hundred times before, but it bears repeating: THIS IS NOT ABOUT SMOKING OR PUBLIC HEALTH. This is about ALL of our rights as American citizens, smokers and non-smokers alike.

If you are a non-smoker and see this as a non-issue, you need to WAKE UP and do it quickly. You need to stand firm on your freedom, before it’s too late. You may believe that you benefit from going out to eat or drink wherever you please without the stench of cigarette smoke, and I’m not about to call you a liar. I’m certain that you do benefit from it. Comfort is always a welcome visitor. However, what you gain in temporary comfort is lost tenfold regarding your freedom and your rights. And once those freedoms and rights are gone, they are seldom regained.

I firmly believe that the market is responding to the desires of the non-smoking public. Every day, more and more establishments are choosing to opt for a smoke-free property in order to cater to the majority of the population. As people become more aware of the dangers and risks of smoking, and as smoking becomes less common, the market will continue to respond.

Don’t be so impatient, my non-smoking friends, and don’t be so blinded by your desire for temporary comfort that you don’t appreciate the way that the market is responding to your demands. Also keep in mind that there are other people in this state who do choose to enjoy a cigarette or a cigar in a tavern or restaurant, and that because of that, there is a smaller market which benefits from their existence. Respect these business owners’ right to allow the use of a legal substance on their property, and their ability to make a living. You just may find them standing beside you someday, when your rights are being attacked.

The most common question we get here at Ban the Ban Wisconsin is if we own a bar or restaurant, or if we’re employed by one. We aren’t. Ryan and I have absolutely nothing to gain here, but our freedom. Coincidentally, while attempting to protect our own freedom, we’re also trying to protect business owners’ freedom…and yours. That’s the beauty of liberty, folks. So long as we respect each others’ freedom, we remain free. If we disregard it for the sake of our own personal–and temporary–comfort, it will eventually be lost.

Choose to live free.

The Fifth Amendment states "No person shall be..... compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Business owners have seen their rights violated. A part of their property has been seized for public use through smoking ban legislation. Those who are smokers themselves have been told that a legal activity is no longer legal for them on their own private property. In addition to not being compensated, many have ended up paying for the partial property seizure with lost revenue and a loss in the value of their businesses. This without due process of law or just compensation.

 

One of the arguments used for smoking ban legislation is the benefit to public health or the greater public good. This argument could easily be used to seize the property of say, Bill Gates and use the money to feed, house and provide medical care for the poor. Public health would be improved and tax payers would be relieved of the cost burden. A poll could probably be produced to show public support of this act. Of course, this would be a violation of Bill Gates rights. It would also open the door (as smoking bans have done) to seizure of part or all of everyone else's private property. -- Jonathan Pinard

In no other country in the world is the love of property keener or more alert than in the United States, and nowhere else does the majority display less inclination toward doctrines which in any way threaten the way property is owned. -- Alexis de Tocqueville, Democracy in America (1832)