The Lone Libertarian

I took a short drive to my favorite watering hole this past Friday and learned something I wasn’t aware of from this past legislative session, that I would be willing to bet many others don’t know. I pulled up a chair at the bar and noticed a sign that stated they would become a smoke-free establishment today, Monday July 16^th 2007. I pondered this decision out loud around several disgruntled smokers. It seemed like a rash and almost ignorant business decision for the proprietor of a microbrewery to disallow smoking, even on the patio outside. They quickly pointed out that the proprietors had decided to do so in the wake of legislation that will all but snuff out smoking in restaurants in Tennessee.

Enter TN House Bill 1851 / Senate Bill 1325 passed on May 31st, 2007 (To be effective October 1, 2007).
See how your TN House Rep. voted.
See how your TN Senator voted.

The bill virtually snuffs out all smoking in the state of Tennessee with the following exceptions.

- “Age-restricted venues,” like bars only allowing 21 and up.
- Any business enclosed by garage doors — if at least one door is open.
- Businesses with up to three employees that have a separate smoking area.
- Open air patios, porches or decks.
- Private clubs.
- Private homes and vehicles, unless they are used for day care.
- Retail tobacco stores.
- Tobacco manufacturing or processing plants.
- Up to 25 percent of rooms in a hotel or motel

I personally do not smoke, however I respect the right of a business owner to allow or disallow smoking on their property. The way I see it is that it is economically viable for most bar and restaurant owners to allow smoking in a designated section, otherwise bars and restaurants would already be smoke free.

Thus this action will probably cause some smokers to seek alternatives, whether they be staying at home and having a 6-pack, or traveling to Mississippi or Arkansas to have a drink and a smoke.

Obviously the night scene will be impacted pretty hard too. Switching Memphis’ heritage of 18 and older clubs to 21 and older clubs may not go down well either. Night spots that have live music and dancing will either have to cut out smoking and take a chance, or forgo revenues from the 18-20 year old college crowd. Can anyone in Memphis honestly see the New Daisy Theater being smoke free? Then again, a large chunk of their revenue probably comes from those whom are under the age of 21. Decisions, decisions.

I take great issue with the state virtually telling business owners what they can and cannot allow on their properties. So I guess I will shed a tear for Tennessee restaurant and bar operators on October 1, 2007 as their freedoms erode just a little more.