LETTER TO THE EDITOR: Smoking ordinance is oppressive

I am replying to Dr. Farrah Hughes, PhD.’s letter regarding the proposed City of Florence smoking ban. I welcome her letter as an invitation to also share with the residents of the City of Florence some additional perspective. I am a lifetime non-smoker, and I am opposed to this ordinance as proposed due to its language being fatally flawed. This ordinance threatens your freedom as a non-smoker, not just where you can smoke. I will voice my opinion with carefully considered arguments and without emotional hatred for smoke. I consider it my responsibility as a concerned citizen to address this issue.

My first concern with this ordnance as written is that it is situated on the slippery slope of manipulation and control of your life. This ordinance was presented as being relatively benign. WRONG! If language like this had been approved, what would be next, how many sheets of Charmin you could use at a “sitting?”

I am sure there are those out there who consider it rude and impertinent to question a woman with a doctorate. With education comes responsibility. Dr. Hughes, have you read this ordinance as proposed word for word? If you have and understand it, how can you support the onerous penalty provisions as it was proposed? I have read it several times, with my red pen in hand. I am appalled by the provisions of this ordinance.

It contains a “death sentence” for businesses that are innocent in this matter. Not only can the perpetrator of a smoking violation be cited and fined, a person who owns, manages, operates or otherwise controls a public place or place of employment can also be cited and fined even though they had absolutely nothing to do with the smoking infraction. Furthermore, four or more violations at a premise where smoking is banned might result in the revocation of the business license forever with no provision for appeal or reinstatement, ever! You say this could not happen! Remember, bureaucracy has no conscience!

The logical extension of this is that if four drivers were caught speeding on the public road in front of your home, you could receive a knock at your door, and a highway patrolman would demand that you surrender your drivers’ license due to the speeding violations on a portion of the road in front of your home that you had no control over. Your driving privilege is revoked for your lifetime and furthermore, there is no provision for an appeal or reinstatement, ever.

I assure you that if similar language is ever passed, I will aggressively seek a large business that gathers four infractions and try to get its license revoked, not because I want the business closed and valuable employees out of work, but to prove the draconian provisions of the ordinance.

There are additional equally onerous and ambiguous provisions in this ordinance. You may say that the ordinance has been defeated and the issue is moot. The issue in this letter is not smoking, but unreasonable and overbearing control over our lives and therefore the issue is not moot.

I am disappointed that Mayor Stephen J. Wukela and Councilwoman Octavia Williams-Blake, both lawyers, would introduce a draconian ordinance such as this for the city council’s consideration. This is not an issue to be decided on emotion, but on the facts. The issue is not the smoking ban but oppressiveness of this particular ordinance. If a reasonable smoking ordinance were proposed that punished only the perpetrators for their infractions, I would likely sit down and “shut-up.”

If Florence is to have a smoking ordinance, it must be realistic and not oppressive. It is the responsibility of those who propose an ordinance to make it reasonable and enforceable. The four members of the City Council who voted against the ordinance (Steve Powers, Ed Robinson, Billy D. Williams, and Bill Bradham) did the right thing. Thank you for being responsible to the citizens of Florence.

It is my responsibility as a concerned citizen to speak up and it is your responsibility too! Remember, “the only thing necessary for the triumph of evil, is for good men to remain silent.”

Let us not forget the 236th anniversary of the Boston Tea Party, Dec. 16, 1773, is approaching and the same issue of excessive government applies here as then. Only by constant vigilance can we protect ourselves from oppressive government. Citizens of Florence, your silence in this matter, or any other matter, implies approval. Get informed and SPEAK UP! Those who remain silent get the kind of government they deserve, the worse kind.

Murray Jordan
Florence