Tuesday the public will have more than state government elections on which to vote. The public smoking ban will also be on the ballot. This non-binding vote gives voters a chance to voice their concern to the City Council.

The public votes, but the City Council gets to make the final decision. The ban will be placed on all public places, even outside areas. The City Council also decides what a public area is.

The ban was tabled in 2004 because allowing exemptions seemed to create unfair advantages to competing businesses.

The City Council is considering allowing exemptions to certain businesses, but the wording still reads “all public places,” and it doesn’t tell a difference between bars and restaurants. The ban also says that offenders could be fined up to $500, the same as any other city ordinance.

The smoking ban was raised again in response to a warning released by the surgeon general this summer saying that no level of second-hand smoke is “risk-free.”

However, disallowing all smoking from public places is a decision that should be made by the individual businesses. Smoking is a personal choice, and if businesses don’t want a smoky environment, they should make the choice for a non-smoking establishment.

The business should have the right to serve patrons the way it wants, not how a local government wants.

There is no law that says an individual has the right to smoke where they want nor that a business can do whatever it wants. However, if this same logic is followed, there is no limit to what government can tell businesses and individuals to do.

The choice to smoke is that of an individual. Other than in a place where smoking is prohibited, no other restrictions should be made to what someone chooses to do.

Similarly, businesses should choose the clientele they want to serve. Customers have the option to visit businesses based on smoking or non-smoking. The choice will work itself out for businesses. Limiting businesses to only serving non-smokers violates humans’ and businesses’ right to make their own choices.