Shachar Shemesh in an excellent post explains his approach against smoking prohibition in Bars, and claims, briefly, that::
A Business should point out in a clear manner which areas are smoke-free and which aren’t.
A Business that exposes clients sitting in an area defined ‘smoke free’ to cigarette smoke, will be fined.
*I’m one of the great believers in a free market; however in my humble opinion Shemesh succeeds, but not enough. I Believe that If enough people would state that they aren’t interested in smoking, places who declare that they oppose smoking would receive the nonsmoking crowd, no? The idea is to oblige the business to state their policy unless they temper with basic human rights (Basic Human Rights – i.e. a person’s liberty, even if the same liberty inflicts another’s liberty, i.e – smoking) Therefore, There is no difference between mandating a business to declare that it does not forbid smoking (including the costs and sanctions therein) and mandating a citizen to declare that he wishes to browse adult websites (including the costs and sanctions therein); Therefore, in the same manner i want that a person which is interested in filtered content over the internet will declare in, i wish for a person who wishes for filtered air. (See default rules)
In theory, it is quite problematic. In practice, i think that if there is a market for filtered air, just like filtered internet, than the internet service providers and the restaurant owners should try to start experimenting in the free market. (see also)
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