[From 5/18/08, in response to a column opposing anti-smoking laws on libertarian grounds.]
To the editor:
Eric Stein (“Smoking Debate Ignores the Rights of Private Property Owners,” May 18) opposes anti-smoking laws on the grounds that the government has no right to tell business owners what they may do on their own private property. Hmmm . . . where have I heard this argument before? Oh yes . . . it’s the same argument southern business owners made to deny service to black customers before civil rights laws forced them to do so.
Why should we expect the free market to solve this problem, as Stein suggests? It didn’t prior to passage of the Civil Rights Act.
I don’t especially like legislation such as the ban on smoking or other anti-discrimination laws. They are invasive, burdensome to enforce, and a fertile breeding ground for meddlesome busybodies. We have them for one simple reason: when we didn’t, American society arbitrarily denied equal treatment to entire classes of people.
To be consistent, Mr. Stein should oppose laws requiring businesses to serve people of all races. How ‘bout it, Mr. Stein? Want to repeal those laws, too?