(Smoking is healthier than fascism)

You’d think that the Germans, of all people, would be able to grasp this concept.

To a small extent, you’d be right.  A German court recently overruled a piece of legislation that bans smoking in small bars and pubs. Except they got the argument all wrong.  The ruling establishes that the ban is, in principle, constitutional. The ruling is made on the basis of the law being “discriminatory” towards small establishments, as their larger counterparts are able to offer separate rooms for smoking and non-smoking.

The overlooked the broader issue: the pub is the property of its owner.

The only valid argument against smoking bans is made on the basis of property rights. If he wants to permit smoking, that ought to be his prerogative. If he can’t find (or keep) good help, or if patrons won’t tolerate the smell, that’s his problem, and his alone.

It is quite simply, none of anyone else’s damn business.