Written by: Beck

I've watched with growing dismay as government after government across the country (and across the world--thanks Ireland!) bans smoking in all places open to the public--including private restaurants, bars, and other business establishments.

Whether or not you favor this particular infringement on personal freedom and liberty, it goes without saying that the government is increasingly denying people the right to make informed decisions for themselves, instead dictating how they should live their lives. As such, it's always heartening to see someone willing to defy the government & fight these unjust laws. Michael Pace, owner of the Old Cutler Oyster Company in Florida (the entire state has outlawed smoking in establishments which make more than 10% of their revenues from the sale of food) is doing just that.

So far, he appears to be winning, to the extent that legislators may have to amend the smoking law next session to close loopholes that Pace has uncovered.

[...] Pace, who won't say how long he's been a smoker, has many complaints about the law. He says it discriminates because it allows exceptions for some businesses, even as its stated goal is to protect all employees from second-hand smoke. And he's annoyed that people who don't pay a mortgage or a payroll are making a key decision that will affect business.

[...] On July 9, Florida Alcohol Beverage and Tobacco agent Jorge Fernandez walked into Pace's bar and saw people smoking. He told manager Lisa Tyrell, who got Pace on the phone with the agent. Pace received a warning that day and asked Fernandez to tell him when he would be back so he could "make sure he had patrons smoking inside his business," according to case documents filed by the state.

Fernandez came back to the bar two more times before citing Pace on Sept. 18, 2003.

Rather than pay a $250 fine, Pace spent his own money to hire a lawyer. (He won't say how much.)

"The law was horribly, horribly, horribly written," Pace said.

Still, it's something of a moot point in many ways. For one thing, Pace is arguing that the way the law is written, he's doing no wrong--he's not arguing that the law itself is somehow unconstitutional. Furthermore, legislators have responded by seeking to close the loopholes he uncovered. Ultimately, the tyranny of the majority (the state constitutional amendment banning smoking passed with 71% of the vote--a pretty close breakdown of the percentage of non-smokers) marches on.

(Hat tip: Vice Squad)