A Wichita developer makes generous campaign contributions to a city council candidate, raising questions about both parties. (more…)
Search results for: “Charlie Claycomb”
It’s not the same as pee in the swimming pool
A repeat of a column from 2008. Mark McCormick no longer writes for the Wichita Eagle. Recently that newspaper concluded that because Wichita’s smoking ban caused no economic harm, it was a good thing to do. Let’s hope this regulatory zeal doesn’t spread to other areas.
In a column in the February 27, 2008 Wichita Eagle (“Smoking ban issue not one to negotiate”), columnist Mark McCormick quotes Charlie Claycomb, co-chair of Tobacco Free Wichita, equating a smoking section in a restaurant with “a urinating section in a swimming pool.”
This is a ridiculous comparison. A person can’t tell upon entering a swimming pool if someone has urinated in it. But people can easily tell upon entering a restaurant or bar if people are smoking.
Besides this, Mr. McCormick’s article seeks to explain how markets aren’t able to solve the smoking problem, and that there is no negotiating room, no middle ground. There must be a smoking ban, he concludes.
As way of argument, McCormick claims, I think, that restaurants prepare food in sanitary kitchens only because of government regulation, not because of markets. We see, however, that food is still being prepared in unsanitary kitchens, and food recalls, even in meat processing plants where government inspectors are present every day, still manage to happen. So government regulation itself is not a failsafe measure.
Despite the doubts of nanny-state regulators, markets — that is, consumers — exert powerful forces on businesses. If a restaurant serves food that makes people ill, which do you think the restaurant management fears most: a government fine, or the negative publicity? Restaurants live and die by their reputation. Those that serve poor quality food or food that makes people ill will suffer losses, not as much from government regulation as from the workings of markets.
But I will grant that McCormick does have a small point here. Just by looking at food, you probably can’t tell if it’s going to make you ill. Someone’s probably going to need to get sick before the word gets out.
But you easily can tell if someone’s smoking in the bar or restaurant you just entered.
The problem with a smoking ban written into law — rather than reliance on markets and individual choice — is that everyone has to live by the same rules. Living by the same rules is good when the purpose is to keep people and their property safe from harm, as is the case with laws against theft and murder. But it’s different when we pass laws intended to keep people safe from harms that they themselves can easily avoid, just by staying out of those places where people are smoking.
For the people who value being in the smoky place more than they dislike the negative effects of the smoke, they can make that decision. McCormick and Claycomb want to deny people that choice.
This is not a middle-ground position. It is a position that respects the individual. It lets each person have what they individually prefer, rather than having a majority — no matter how lop-sided — make the same decision for everyone. Especially when that decision, as Claycomb stated in another Wichita Eagle article, will “tick off everybody.” Who benefits from a law that does that?
Another inept Kansas smoking analogy
In today’s Wichita Eagle, Wichita busybody Charlie Claycomb makes another inept analogy in an attempt to press his anti-smoking agenda statewide.
A while back he tried to compare a smoking section in a restaurant with a urinating section in a swimming pool. This is ridiculous to the extreme, as I show in the post It’s Not the Same as Pee In the Swimming Pool.
Now in today’s letter in the Eagle, Claycomb says that although the United States Constitution gives us the right to bear arms, since that right is heavily regulated, government has license to regulate smoking, as smoking isn’t mentioned at all in the Constitution.
Here’s why this is another ridiculous analogy (without conceding the regulations on arms are justified or effective): A person in, say, a bar that’s carrying a gun can’t be detected as you enter the bar. You just can’t tell upon entering an establishment whether someone has a concealed gun and intends to cause harm to patrons. This is the case even if there’s a law prohibiting carrying guns into bars, and even if the bar has a “no guns” sign.
But you sure can tell if people are smoking.
Smoking ban supporters might argue that since there may be smoking in some establishments, my rights are being infringed since I can’t patronize those places without exposing myself to harmful smoke.
That’s true. But there’s definitely no right in the Constitution to be able to go everywhere you want on your own terms.
By the way, did you know that Claycomb is treasurer for Wichita city council candidate Janet Miller? Expect more nonsense like this if she is elected.
“Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest.” — John Stuart Mill
“Whenever we depart from voluntary cooperation and try to do good by using force, the bad moral value of force triumphs over good intentions.” — Milton Friedman
An inept Kansas smoking analogy
From last March.
In today’s Wichita Eagle, Wichita busybody Charlie Claycomb makes another inept analogy in an attempt to press his anti-smoking agenda statewide.
A while back he tried to compare a smoking section in a restaurant with a urinating section in a swimming pool. This is ridiculous to the extreme, as I show in the post It’s not the same as pee in the swimming pool.
Now in today’s letter in the Eagle, Claycomb says that although the United States Constitution gives us the right to bear arms, since that right is heavily regulated, government has license to regulate smoking, as smoking isn’t mentioned at all in the Constitution.
Here’s why this is another ridiculous analogy (without conceding whether the regulations on arms are justified or effective): A person in, say, a bar that’s carrying a gun can’t be detected as you enter the bar. You just can’t tell upon entering an establishment whether someone has a concealed gun and intends to cause harm to patrons. This is the case even if there’s a law prohibiting carrying guns into bars, and even if the bar has a “no guns” sign.
But you sure can tell if people are smoking.
Smoking ban supporters might argue that since there may be smoking in some establishments, my rights are being infringed since I can’t patronize those places without exposing myself to harmful smoke.
That’s true, except about rights being violated. There’s definitely no right in the Constitution to be able to go everywhere you want on your own terms.
“Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest.” — John Stuart Mill
“Whenever we depart from voluntary cooperation and try to do good by using force, the bad moral value of force triumphs over good intentions.” — Milton Friedman
It’s not the same as pee in the swimming pool
In a column in the February 27, 2008 Wichita Eagle (“Smoking ban issue not one to negotiate”), columnist Mark McCormick quotes Charlie Claycomb, co-chair of Tobacco Free Wichita, as equating a smoking section in a restaurant with “a urinating section in a swimming pool.”
This is a ridiculous comparison. A person can’t tell upon entering a swimming pool if someone has urinated in it. But people can easily tell upon entering a restaurant or bar if people are smoking.
Besides this, Mr. McCormick’s article seeks to explain how markets aren’t able to solve the smoking problem, and that there is no negotiating room, no middle ground. There must be a smoking ban, he concludes.
As way of argument, McCormick claims, I think, that restaurants prepare food in sanitary kitchens only because of government regulation, not because of markets. We see, however, that food is still being prepared in unsanitary kitchens, and food recalls, even in meat processing plants where government inspectors are present every day, still manage to happen. So government regulation itself is not a failsafe measure.
Markets — that is, consumers — do exert powerful forces on businesses. If a restaurant like McDonald’s serves food that makes people ill, which do you think the restaurant management fears most: a government fine, or the negative publicity? Even small local restaurants live and die by word of mouth. Those that serve poor quality food or food that makes people ill will suffer losses, not as much from government regulation as from the workings of markets.
But I will grant that Mr. McCormick does have a small point here. Just by looking at food, you probably can’t tell if it’s going to make you ill to eat it. Someone’s probably going to need to get sick before the word gets out. But you easily can tell if someone’s smoking in the bar or restaurant you just entered. Or, if people are smoking but you can’t detect it, I would image that the danger to health from breathing secondhand smoke is either nonexistent or very small.
The problem with a smoking ban written into law rather than reliance on markets, is that everyone has to live by the same rules. Living by the same rules is good when the purpose is to keep people and their property safe from harm, as is the case with laws against theft and murder. But it’s different when we pass laws intended to keep people safe from harms that they themselves can easily avoid, just by staying out of those places where people are smoking. For the people who value being in the smoky place more than they dislike the negative effects of the smoke, they can make that decision.
This is not a middle-ground position. It is a position that respects the individual. It lets each person have what they individually prefer, rather than having a majority — no matter how lop-sided — make the same decision for everyone. Especially when that decision, as Mr. Claycomb stated in another Wichita Eagle article, will “tick off everybody.” Who benefits from a law that does that?
Other articles on this topic:
Kansas Smoking Ban Conflicts Wichita’s
Here’s a letter the Wichita Eagle printed from Wichita businessman Craig Gabel.
There are many reasons to oppose more smoking bans. The posts Testimony Opposing Kansas Smoking Ban, Haze Surrounds Wichita Smoking Ban, Property Rights Should Control Kansas Smoking Decisions, and It’s Not the Same as Pee In the Swimming Pool supply some background.
The issue that Craig mentions is important. Just last year some establishments such as his spent a great deal of money to install the equipment necessary to conform to the smoking ban that Wichita passes. Now, if a comprehensive ban passes at the state level, this investment is lost. There needs to be some provision for these businesses to be exempted or compensated.
By the way, did you know that the state exempted itself from the smoking ban when it appeared that it might hurt the state’s pocketbook? See Kansas Exempts Itself from Onerous Regulation.
Charlie Claycomb has compared a smoking section in a restaurant to a urination section in a swimming pool. Claycomb needs to come and speak with those of us who have spent thousands of dollars remodeling our restaurants this past year to comply with the city of Wichita’s smoking ordinance.
If lawmakers don’t want smoking, they should have the guts to outlaw smoking everywhere, as well as the sale of cigarettes. They know that if they did, their tenure in office would be limited to the next election. We don’t need any more liberal politicians pushing special-interest agendas and eating away at our personal freedoms “for our own good.”
CRAIG GABEL
WichitaLet property rights rule Wichita smoking decisions
A system of absolute respect for private property rights is the best way to handle smoking, as it is with all issues. The owners of bars and restaurants have, and should continue to have, the absolute right to permit or deny smoking on their property.
Not everyone agrees with this simple truth. Charlie Claycomb, co-chair of the Tobacco Free Wichita coalition, asks in The Wichita Eagle why clean air is not a right when smoking is a right. The answer is that both clean air and smoking are rights that people may enjoy, as they wish, on their own property. When on the property of others, you may enjoy the rights that the property owner has decided on.
It’s not like the supposed right to breathe clean air while dining or drinking on someone else’s property is being violated surreptitiously. Most people can quickly sense upon entering a bar or restaurant whether people are smoking. If you do not want to be around cigarette smoke, all you have to do is leave. That’s what I do. It is that simple. No government regulation is needed: just leave. If you wish, tell the manager or owner why you are leaving. That may persuade the owner of the property to make a decision in your favor.
Employees may make the same decision. There are plenty of smoke-free places for people to work if they don’t want to be around smoke.
Some think that if they leave a restaurant or bar because it is smoky, then they have lost their “right” to be in that establishment. But no one has an absolute right to be on someone else’s private property, much less to be on that property under conditions that they — not the property owner — dictate.
Property rights, then, are the way to solve disputes over smoking vs. clean air in a way that respects individual freedom and liberty. Under property rights, owners will decide to allow or prohibit smoking as they best see fit, to meet the needs of their current customers, or the customers they want to attract.
A property rights-based system is greatly preferable to government mandate. Without property rights, decisions are made for spurious reasons. For example, debate often includes statements such as “I’m a non-smoker and I think that …” or “I’m a smoker and …” These statements presuppose that the personal habits or preferences of the speaker make their argument persuasive.
Decision-making based on personal characteristics, preferences, or group-membership happens often in politics. Wichita City Council member Jim Skelton, evidently once a smoker and opposed to smoking bans, is now receptive to bans since he quit smoking. Mr. Skelton, I ask you for this courtesy: would you please publish a list of the things you now take pleasure in, so that if you decide to quit them in the future, I shall have time to prepare myself for their banning?
Lack of respect for property rights allows decisions to be made by people other than the owners of the property. In the case of a smoking ban, the decision can severely harm the value of property like bars or restaurants that caters to smokers. This matters little to smoking ban supporters like Wichita Vice Mayor Sharon Fearey. But we should not be surprised, as her record indicates she has little respect for private property.
By respecting property rights, we can have smoking and non-smoking establishments. Property owners will decide what is in their own and their customers’ interests. Both groups, smokers and nonsmokers, can have what they want. With a government mandate, one group wins at the expense of the rights of many others.
Surveillance state arrives in Wichita
In an effort to control crime in Old Town, Wichita is importing the police surveillance state. Right now the targeted area is a small part of the city during certain periods of time. But once camera use has started, it is likely to spread across town, especially given the enthusiasm of police and elected officials like Wichita city council member Lavonta Williams (district 1, northeast Wichita), according to Wichita Eagle reporting.
Many people may not be aware of the gross invasion of privacy that government cameras represent. Have you used the facial recognition technology in Google’s Picasa software? It’s uncanny how accurate it is. In the hands of government, it’s a concern.
Some surveillance cameras can read car license plates two blocks away. With facial recognition technology and optical character recognition, police don’t have to actually watch the live or recorded video to learn who has been in a location. Computers can create databases, updated in real time with who is where at what time. Alerts can be programmed, so that if a person or car is seen, police can be notified.
Then, we have to wonder whether the cameras work as advertised. The website You Are Being Watched, a project of the American Civil Liberties Union, comes to this conclusion: “An increasing number of American cities and towns are investing millions of taxpayer dollars in surveillance camera systems. But few are closely examining the costs and benefits of those investments, or creating mechanisms for measuring those costs and benefits over time. There is extensive academic literature on the subject — studies carried out over many years — and that research demonstrates that video surveillance has no statistically significant effect on crime rates. Several studies on video surveillance have been conducted in the UK, where surveillance cameras are pervasive. The two main meta-analyses conducted for the British Home Office (equivalent to the US departments of Justice and Homeland Security) show that video surveillance has no impact on crime whatsoever. If it did, then there would be little crime in London, a city estimated to have about 500,000 cameras.”
An irony is that law enforcement likes recording citizens, but not the other way around. As John Stossel has noted, police don’t like to be recorded. In some states its a crime to tape a police officer making an arrest. A video excerpt from Stossel’s television shows the attitudes of police towards being recorded. At Reason Radley Balko details the problem, writing “As citizens increase their scrutiny of law enforcement officials through technologies such as cell phones, miniature cameras, and devices that wirelessly connect to video-sharing sites such as YouTube and LiveLeak, the cops are increasingly fighting back with force and even jail time—and not just in Illinois. Police across the country are using decades-old wiretapping statutes that did not anticipate iPhones or Droids, combined with broadly written laws against obstructing or interfering with law enforcement, to arrest people who point microphones or video cameras at them. Even in the wake of gross injustices, state legislatures have largely neglected the issue.”
Further irony is found in the parties promoting the cameras. Council member Williams was instrumental in crafting Wichita’s smoking ban. So too was Charlie Claycomb, president of the Old Town Association. One of their arguments was that everyone should have the right to enter any business and not be subjected to secondhand smoke. It was an argument based on civil liberties.
I’d like to be able to enjoy a cocktail in Old Town without my presence monitored and noted by the police. Is that a civil liberty worth preserving?
Wichita should reconsider this decision. It seems like an easy solution to a problem. But it’s another journey down the road of the ever-growing regulatory regime in Wichita.
Wichita City Council District 6 candidates
The Save Century II committee presented a forum of candidates for Wichita City Council District 6. There are six candidates. The primary election is August 3, 2021, and the two candidates with the most votes advance to the general election on November 2, 2021. (more…)