The number of smoke-free restaurants has grown from 60 in 1996 to 72 in 1999. However, the number of restaurants that allow smoking also has grown and now the Legislature is considering a ban on smoking in restaurants altogether. The intentions to reduce smoking and second-hand smoke is admirable, but encouraging restaurant owners to ban smoking is quite different from ordering them to do it. A ban on smoking intrudes on the right of a business to operate in a free-market system. Yes, we do have laws that force people to take safety measures for their own good.
Motorists have to wear seatbelts while they are in a car.
Those on motorcycles must wear helmets. The difference with LB227, is the bill that would prohibit smoking in most of Nebraska's 3,000 restaurants, is that it inhibits the free-flow of commerce. Under existing conditions restaurant owners have the right to decide whether to allow smoking or not. Customers and workers also have the right to choose. They can decide to be at restaurant where smoking exists or in one that bans it.