The New Orleans Smoking Ban

I must admit that I do not really understand. New Orleans is a big place, and yet some sort of ‘health committee’, composed of seven people, can impose smoking bans. The original intent to impose bans was voted in by 7 – 0. No one of the seven opposed. Also, the date of implementation, 22nd April 2015, had been fixed.  But no arrangements had been made for how the ban would be policed. It has turned out to be a mess. Some authoritarian measures were agreed by a vote of 5 – 0. One person was absent and another excused himself – that is why the vote was 5 – 0. Again, despite the probability of serious adverse consequences on the reputation of NOLA (New Orleans) and its vibrant atmosphere, and its economy, five persons, with no opposition, were able to destroy everything about NOLA which matters. The jazz, which used to be so vibrant, is now artificial.

You see, once bar owners are forced to implement laws that they do not want, they become automatons. I mean that sincerely.

The automaton characteristic (being automated response) was revealed not a long time after the smoking ban was imposed. 17 year old bar staff revelled in the power to boss their elders and betters about, for example, by telling their elders and betters that they could not stand in the pub porch to smoke – they had to go outside altogether. In fact, one person, a member of staff, with whom I had a very friendly relationship insisted that the law required that I move five metres away from the porch. That was the automaton effect.

You would think that NOLA bar owners and their staff would already be inured against the automaton effect. We can only wait and see.

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What seems to be happening in NOLA is that, despite the votes of 7 – 0 and 5 – 0, there is massive confusion about how to force bar owners to force smokers not to smoke in these bars. It is not a matter of compliance with a law so much as the employment of physical force.

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It still amazes me how poorly prepared our publicans in the UK were. There was a hiatus between the passing of the smoking ban, along with the deliberate denial of exceptions which had previously been promised, and implementation. What I find amazing, in retrospect, that publicans were thoroughly unprepared.

The preparation was so obvious and so simple. All the needed to do was plaster the pub with “NO SMOKING” signs.

A few publicans tried to take on the Establishment. They failed, of course. They never had a chance. The worst that I saw was a sign which said (words to the effect), “Smoking is not allowed. If you smoke, it is at your own risk”. Erm…. No…. That notice revealed the ignorance of the publican because, in effect, it permitted smoking “at the smoker’s risk”. Publicans were not allowed to permit smoking at all, even at the smoker’s risk.

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I wonder if NOLA bar owners are equally badly briefed? I wonder if they are totally ignorant of what happened in Ireland and the UK? I wonder if they the have the nous to obey the letter of the law, and not a jot more? The letter of the law would be served by plastering the walls of their places (for the time being) with “NO SMOKING” signs. Unless it is spelt out, in words of one syllable, that the bar owner must physically impose the ban, then he need not. If he is so obliged, then he must be paid to do so. That is very important, and I am surprised that it was not the case. Demand that I act in a specific way requires payment for acting in that way.

But what about specifying that drivers drive on the left of the roadway? That is not the same thing because it does not require any individual to impose demands upon another directly.

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The General Election blather is revealing more and more that “EXPERTS” treat politicians as puppets.

What I would like to see is “THE EXPERTS” standing for election as MPs, rather than directing MPs as though they were puppets.

 

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3 Responses to “The New Orleans Smoking Ban”

  1. Smoking Lamp Says:

    The confusion in implementing the NOLA smoking ban shows how inept the politicians executing the ‘healthist’ antismoker agenda are. The tobacco control crowd believes everyone is antismoker so they can’t work out the actual details of a ban (and the complexities of using coercion to execute policy–known as law enfacement). The NOLA ban is built on fragile ground–as are all bans. Now is the time to step up resistance and move toward repeal.

  2. Agent Ania BV, SL (@AgentAnia) Says:

    This may interest you:

    “If people are found to be smoking, the bartender, manager, or owner is required to tell them to stop and, if they refuse, ask them to leave.

    “People can file complaints against businesses ignoring the new smoking ban by filling out a complaint form or calling the city’s non-emergency 311 hotline.

    “After receiving a second complaint, the city’s health department will conduct a site visit and “provide educational materials and encourage compliance.”

    “The proposed regulations don’t spell out what would happen after additional violations.

    “The city encourages people filing complaints to include date- and time-stamped photographs documenting illegal smoking.”

    http://www.nola.com/politics/index.ssf/2015/04/how_to_report_illegal_smokers.html

  3. junican Says:

    It is a mess, isn’t it? You can tell that the whole thing is ideologically driven. The Zealots haven’t really given any thought to what might actually happen. Suppose that there was a mass revolt? It is bound to happen sooner or later.

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