Rights and Property 

Rights and Property Over on packing.org there this article http://www.packing.org/talk/thread.jsp/16379/ where an employee of Disney World is writing his representative because he has been told by his employer that even with a CCW he is prohibited from carrying his gun on property or even having a gun in his car. In the comments Richard G points out that RKBA and property rights are equal in the Constitution and since Disney World is private property they can prohibit carry on their property (but not in the guys car, as it is his private property.) Now I don't know about the legal analysis of Richard G, but I find it interesting that many places seem to be passing no-smoking ordinances that result in prohibiting restaurants and bars from allowing their patrons to smoke. And these ordinances stand. The argument is that they are "public areas". Now it seems to me that restaurants are private property just as much as Disney World, and Disney World is a public area just as much as a restaurant. Why is the "right to a smoke free environment" greater than the right to bear arms? The smoke free environment I don't recall being a true G-d given right (further enumerated in the Constitution.) Furthermore, if the person doesn't want a smoking environment why not vote with their feet and let the establishments know that they aren't coming to their restaurant because of the smoke. If there are enough people to vote a law like this into existance there are enough consumers to pressure a decent number of restaurants to decide that there is a business case to be smoke free. And since smoking isn't a right they can ban smoking just like they can say "No shirt, no shoes, no service". On the other hand RKBA can be as much of a saftey issue as "being smoke free". There are some bars and restaurants in pretty shady areas. The person carrying can be protecting their life as well as others. As a Constitutional right (further backed by State support) I don't understand why it has _less_ power of force than the desire to have a smoke free environment.

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My main point was that it is strange that a non-right, such as a smoke free environment can be enforced by a state/local law when a right enumerated in the Constitution and further backed by state law can be denied. It seems that both these places are private property and as such the rights of a property owner to restrict or permit actions should apply. If they can say "no guns" they can certainly say "yes smoking". If, even though it is private property they can't say "yes smoking" then they definitely cannot say "no guns".

It's a good analogy, but I'm a little confused as to whether you think restaurants should be considered private instead of public, or Disney World should be considered public instead of private?

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