Freedom vs Tyranny

Maybe the title seems too self important for a discussion of a smoking ordinance but that is how I see it. Every violation of property rights makes the next violation easier. Pretty soon, it seems perfectly normal and if you think that I am making a big deal over a smoking ordinance, then you have already fallen into that trap.

Now, let me start out by saying that I do not smoke and do not own a bar or restaurant whose business will be affected by the ordinance. What I am is a citizen of the United States and Kansas and I know that property rights are the underlying rights for all others. Without safe property rights, the other rights become theoretical constructs. They can no longer be reliably enforced. If you are always a tenant, then the government controlled landlord is truly your master. You really need your own property to assert many of your rights.

At its July 3rd meeting, the Lenexa, KS City council passed an ordinance that would make it illegal to smoke inside any building that was not a private residence. There was a small exception for a business that was entirely a tobacco seller. The vote was 7 to 1 and the one guy who dissented had no problem with the concept of the government controlling private property. He only wanted to carve out one more exception for his favored special interest.

There was little advance notice to the public about the action so only myself and one bar owner from across the street were there to speak against it. We both had heard about it accidentally at the last moment. There were plenty of representatives from the special interests that like to run our lives (for our own good, of course) who apparently had plenty of notice.

A further insult was to take this vote on the eve of the Independence Day celebration. This shows us the disdain that our leaders have for our tradition of freedom. We need to fight to get our freedom back. We have lost a major share and we cannot let any more violations occur, no matter how trivial this individual item seems and even if you don't smoke or own an affected business. Today it is restaurant owners, tomorrow it might be your business or your political interests that are savaged.

To have freedom for yourself and your posterity, you must grant it to others; even if you don't exactly like what they do with it.

I Went to a City Commission Meeting

On the eve of our Independence Day celebration, I attended a Lenexa, KS city commission meeting. The primary purpose for my attendance was to speak about a proposed smoking ban. I came away with at least 3 blog subjects.

I will take the outrages in the order that they occurred. First on the agenda was a period of open communication where people can address the august governing body on any topic not otherwise on the agenda for the evening.

Two ladies complained about their newly built houses falling apart and wanted the city to do something about it. They thought that the city should be liable for their huge loss because the building inspector did not do a good job. The Mayor and the council let them rant through their allotted 5 minutes and then ignored them.

I find this very disrespectful. They deserve a meaningful answer. Of course the city isn't liable. The Mayor should tell them so. He should explain that under Kansas Statute 75-6104 no state or municipal employee is civilly liable for any failure to perform and their only recourse is to sue their builders.

The public should be aware that, notwithstanding the taxes we pay for police, fire, building inspectors and a host of other "discretionary" services, there is no liability if the municipality fails to perform well or even fails to perform at all.

The public needs to be more aware of this statute so that they do not foolishly rely on municipal services as these two ladies apparently did to their catastrophic sorrow.

This has application in other matters such as gun control. They would know that the argument that you don't need a gun because the police are there to protect you is an empty and false promise. A right to protection that cannot be enforced is a gift that can arbitrarily be withdrawn. This is certainly not a right by any common understanding of the word. It doesn't matter that you paid taxes specifically to secure the right.

So, if the Fire Department doesn't show up for an hour when your house is on fire, you have no claim on the city for negligence. You better have taken care of yourself with fire alarms and fire insurance.