May 30, 2008 | In Law, Politics | 1 Comment
A ludicrous bureaucratic logjam involving Victoria’s Old Morris Tobacconist shop was broken this week in the form of an awkward compromise between City of Victoria heritage planners and the Vancouver Island Health Authority.
In recent weeks, Old Morris Tobacconist owner, Rick Arora, found himself between a rock and a hard place as health officials threatened to fine him up to $5,000 for his store’s outdoor signs, which allegedly “advertise” tobacco products in a public place. The problem was that removal of these signs, which have been in place since 1910, would have violated municipal rules against “altering a heritage building” (punishable with fines of up to $1-million).
After the story received media attention earlier this week, the relevant government agencies were forced to have a meeting and reach a solution. Mr. Arora gets to keep his “Tobacconist” sign over the main entrance to his store, but must cover up another sign promoting “house blends” and “Havana cigars.”
This sounds like a reasonable, relatively inoffensive compromise solution. But it’s not.
The fundamental problem with this arrangement is that two bureaucratic agencies got to “compromise” on a solution, while a private business owner who actually owns the store was given no say whatsoever.
Government bodies created the problem in the first place, and government bodies spent taxpayers’ money to “solve” it, while ignoring the only individual with legitimacy to make a decision. Such is the nature of the modern-day social democratic state.
In theory, I fully support covenants protecting heritage buildings, provided that property owners give their voluntary consent that they and all future owners will cooperate with given restrictions (potentially lowering the property value). In the case of a truly exceptional building or landmark, members of the public should raise money to incentivize owners to sign such a contract.
In the case of our provincial Tobacco Control Act, however, the government is violating natural property rights plain and simple. Private businesses should be able to set their own regulations with regard to both tobacco use (indoors or outdoors) and tobacco signs.
Do legislators really think that banning a sing promoting “house blends” and “Havana cigars” will prevent teenagers from smoking? Anyone who has actually been a teenager knows that the forbidden fruit is the most tantalizing. Marijuana, and signs promoting it, are totally illegal throughout Canada, and yet, this drug “herb, bearing seed” (Genesis 1:29) is more popular than tobacco among young people today.
It is parents and other concerned citizens, not the state, who are responsible for ensuring that children understand the dangers of addictive substances. Adults, meanwhile, should be completely aware of those dangers, and are free to make their own decisions on the matter.
Private businesses, as well, should be able to set their own regulations based on the will of their customers. If the majority of the public is averse to smoking (which seems to be the case), then public smoking will gradually be phased out in accordance with free market principles.
Government regulation of tobacco usage and signage has absolutely no place in a free and democratic society.
