Normally, I would never publish correspondence between myself, in my role as an elected official, and someone in the general public. I choose to do so this time for two specific reasons: 1) the person who emailed me with the complaint chose to remain anonymous and 2) the brief correspondence between him/her and me offers the opportunity to show both points of view on an issue that many people take very personally.

The banning of smoking in private businesses is more common each day. I have gone on record as being opposed to the bans even though I do not smoke (and have never been a smoker). Simply put, I believe smoking bans are an improper encroachment of government into the private lives, finances and property of citizens.

I understand that well-meaning people disagree with my view. I respect their right to hold a different opinion and do not think ill of anyone because of a disagreement on this issue.  I hope this publication will serve to highlight the core of the debate over smoking bans and the role of local government (or any government) in relation to private property, personal decisions and business regulations.

Other than a redacting of the email address of the person who contacted me, the correspondence published below is unedited.

I do not know the name of the person who emailed me nor do I know if he or she even lives in Grandview.

Here is the original email, sent to me on Monday, November 9, 2009:

-------- Original Message --------
Subject: Smoking Ordinance
From: [REDACTED]
Date: Mon, November 09, 2009 1:01 pm
To: mike@mikefergusononline.com


When is Grandview going to join the 21st century and ban smoking in public buildings?? I recently tried to visit TJs Diner on Main Street but couldn't stay more than a few minutes after entering. The cigarette smoke lingering in the diner was grotesque.

I will limit my future dining experiences to Kansas City and Overland Park. At least they are concerned about creating an environment everyone can live with. The smokers get to go outside and everyone else can enjoy their food.

Hopefully Grandview politicians will address this issue in the very near future.

[No signature or name provided]

 

Here is my response, also sent on Monday, November 9, 2009:

Subject: Smoking Ordinance

From: mike@mikefergusononline.com

Date: Mon, Nov 09, 2009 1:46 pm

To: [REDACTED]

 

Dear Sir of Madam (since you did not identify yourself or where you live, I am not sure how to address this email),

 

I typically do not respond to anonymous emails but I will make an exception this once.

 

You'll be happy to know that every single restaurant - and every business, for that matter - in Grandview is free to ban smoking on their own. They do not need City Hall to intervene to make that decision for them.

 

I do need to correct you on one point: smoking is banned in public buildings in Grandview. Anyone who wishes to smoke at City Hall, fire stations, etc. must do so both outside and away from entrances. Smoking on private property, however, remains permitted at the discretion of those who own and/or manage it.

 

In fact, had you gone a couple blocks further down Main Street, you could have enjoyed a fine meal at the Hard Bean Cafe, which does not permit smoking. I (being a non-smoker) do not care for the smell of smoke, either, which is why I choose to dine at restaurants that provide smoke-free areas.

 

I trust the business owners and residents of my community to make that decision for themselves. I was not elected to micromanage their businesses or lives. I believe in both personal and economic freedom, even when others make decisions with which I disagree.

 

Your decision to eat in other restaurants is proof that the free market works when allowed. Of course, if you truly want to make a point to restaurants in Grandview that allow smoking, you should consider taking your business to those in town that do not.

 

Since you feel so passionately about this issue, you would be supporting the businesses who provide what you are seeking in a dining experience. The best way to encourage more restaurants to go smoke-free is to reward those that do just that.

 

Be sure to tell the restaurants in question *why* you will no longer be patronizing them and let them know the money they could be earning is going across the street to their competition.

 

The power of the consumer is more direct, efficient and fair than calling in the government to limit the freedom of both business owners (and their private property) and the customers who freely choose to engage in commerce with them. A number of restaurants in Grandview do not allow smoking - consumers have the choice of which environment they prefer when they come here.

 

Just as I trust you and your ability to make business decisions for yourself, I extend that trust to Grandview's business owners.

 

Thank you for your anonymous email. I hope you thoughtfully consider this viewpoint which differs from your own. Be sure to remember to try the lunch specials at the (smoke free) Hard Bean Cafe next time you are in town. They are delicious!

 

Sincerely,

 

Mike Ferguson
Alderman - Ward III

City of Grandview, Missouri

http://www.mikefergusononline.com
816.817.1817

 

Mike Ferguson, the Producer and Host of “Missouri Viewpoints”, is a political & communications consultant and freelance writer. He lives in Grandview, MO where currently serves on the Board of Aldermen.