Clean Air Calabasas: A smoke-free, family-friendly atmosphere of moralistic intolerance

An article on more busy-bodies working to eliminate our freedoms. Excerpt:

The city council, which unanimously approved the ordinance last month and has started calling the Los Angeles suburb "Clean Air Calabasas, a Smoke-Free City," predicts the state government (which already prohibits smoking in indoor workplaces) will follow its example. If so, judging from the history of smoking bans, Calabasas-style restrictions eventually will move from California to the rest of the country. Before that happens, Americans should consider whether they really want to embrace the Calabasas spirit of moralistic intolerance masquerading as "public health."

Tellingly, a provision that would have permitted outdoor smoking in the presence of nonsmokers with their consent was removed from the final version of the Calabasas ban. So if you're in some deserted part of the city in the middle of the night with a friend who smokes, he is allowed to light up only if you do too.

If he lights up and you don't like it, you can file a complaint with the city, which can charge your friend with a misdemeanor punishable by a fine of up to $1,000 and a jail sentence of up to six months. You also can sue him, seeking compensation for injuries inflicted by his tobacco smoke or statutory damages of $250 for each violation, plus attorneys' fees and court costs.

If you can show your friend was guilty of "oppression, fraud, malice, or conscious disregard for the public health and safety," you can recover punitive damages too. By that point, of course, he might not be your friend anymore.

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Which is why they decided to resolve the minor annoyance of drifting outdoor tobacco smoke through criminal charges and lawsuits—instead of, say, public stoning. Presumably the city council members also had the minimization of punitiveness and disruption in mind when they chose to criminalize not only unauthorized smoking but "allowing, aiding or abetting" it by looking the other way or putting out ashtrays.

. . .

The logic of forcing people to set a good example for the kids—which also would justify banning fat people and motorcyclists from public places—reduces adults to the level of children whenever they venture out of their homes.