Pipeline, smoking ban are hot topics at weekly coffees with Rep. David Floyd
By DAVID FLOYD
50th State Representative
Wednesday, Feb. 5, 2014, 11:45 a.m. — There was a great crowd for our meeting Saturday at the New Haven branch of the Nelson County Public Library. Since it was a larger gathering we had more of a group discussion than the normal routine, where groups of two or three want to talk about a particular bill or issue and I move from group to group. There is almost always an individual or two who want to talk privately, and Saturday was no exception.
Most of the people who came were interested in the Bluegrass Pipeline. While some people are selling an easement through their property, many are unhappy about the prospect of a pipeline with Natural Gas Liquids (NGLs) going through this area — or anywhere, for that matter. But they are seriously unhappy about the prospect of the use eminent domain by a private company for a private purpose. The update I had for them was that our legislation to clarify legislative intent is being stalled because lobbyists for the pipeline are claiming that a case in Franklin Circuit Court challenging the right of the pipeline people to exercise eminent domain) means that we shouldn’t be considering legislation that would affect the court case. This is simply untrue — our bills do not impact that case — and we are pushing back as hard as we can. Meanwhile, surveyors are still bullying their way onto private property.
 The next “Coffee with Dave” is Saturday, Feb. 8, 2014 at Rooster Run General Store. Sen. Jimmy Higdon will also attend.
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This was the first time we’ve had “Coffee with Dave” in something other than a restaurant, gas station or mini-mart; and I wonder if they found a library to be a more comfortable setting for them. So we will try that again when we go to Bloomfield in March. But this Saturday we’ll meet at the Rooster Run General Store. State Sen. Jimmy Higdon will be with us this time. We start at 9 a.m. and we both look forward to seeing you there.
You may know of the continuing effort to outlaw smoking in any building open to the public anywhere in the state. Anti-smoking advocates have been trying this for years, and won’t be letting up any time soon. Personally, I agree with many of their points on health hazards to workers and to other customers. While I don’t shun restaurants with smoking, I prefer to eat in restaurants where there won’t be any smoking. But I also recognize that when I’m in those restaurants, I am on someone else’s property.
Across Kentucky, some cities and counties have already outlawed the practice. (Bardstown is one example.) Other businesses have made the decision to prohibit smoking without governmental mandate. Those businesses are happy with their decision, and have apparently not suffered because of it.
There are a few reasons why the no-smoking advocates’ case is weakened, even by their own arguments. While they casually dismiss the constitutional principle of private property rights, they list the large number of businesses that have done so voluntarily while seeing no drop in business activity. But notice that no government was needed for this; it was done voluntarily.
They also point to the number of cities and counties where non-smoking mandates have been enacted. But the current system, where local government (rather than state government) makes the decision, is much more responsive to local custom, habit, and desires. Decentralizing, in this case, is not necessary.
Most revealing within their legislation is the simultaneous banning of e-cigarettes in public establishments. E-cigarettes contain no tobacco. The vapor emitted contains little more than water, and zero nicotine or tobacco. There is no fire or flame. What they apparently resent is the mere appearance of smoking, even when the practice poses absolutely no threat to others.
Finally, they do not allow any exemptions. They won’t permit, for example, a business whose sole purpose is the indoor enjoyment of cigars. Zealotry blinds; or at the very least, it chokes communication. There are common sense solutions to this but so far, those in the legislature who are pushing a statewide smoking ban aren’t listening to the ideas of the other side.
Hearing from you is the best part of my job. Call me at home, or leave a message at the Capitol Message line, 1-800-372-7181.
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