[FoRK] Welcome to the American Totality. You've been warned.

Jeff Bone <jbone at place.org> on Tue Feb 5 15:00:46 PST 2008

On Feb 4, 2008, at 10:16 PM, Stephen D. Williams wrote:

> Jeff Bone wrote:
>>
>> Ian and Luis,
>>
>> Just to belabor the obvious, which doesn't matter now in Austin or  
>> Lubbock or all of California or most of the US anyway these days,  
>> is this:
>>
>> On Feb 4, 2008, at 6:42 PM, Jeff Bone wrote:
>>
>>>> Or, you know, everyone who goes to fucking restaurants (that is,  
>>>> all
>>>> of us) have been sick of it for years,
>>
>> Nobody's forcing you to go anywhere that allows smoking, are they.
> Fundamentally, that's a fine argument. The problem is that public  
> facilities, even your buddy's bar, are a type of commons.

Really?  You mean it's not his private property?

I really want you to think about that question deeply.  If it's a  
"commons" then there are certain decisions that he is no longer  
allowed to make, and certain obligations he may or must have in  
perpetuity simply by having opened in the first place.  For example,  
can he shut it down?  Can he choose what to serve, or not serve?

I reject the notion that an owner who allows uninvited guests on his  
property for any reason --- even commercial --- has in any way ceded  
his rights of control over his property and what happens upon it.  If  
you assert that he *has* then you have created a new right for an  
abstract, collective entity --- society --- that trumps the  
traditional rights of the concrete individual.

jb


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