The Politics of Granting Exemptions
By: Joe J. Wallace
Once again the Evansville City Council is facing a vote on a resolution to pass a comprehensive smoking ban that mirrors the Vanderburgh County plan. Tonight a vote will be held on this resolution and this time it seems as though the inevitability of a stronger smoking ordinance has finally sunk into the skull of a majority of our elected leaders. It is a foregone conclusion that some version of a stronger smoking ordinance will be passed in Evansville in 2012. The only variable seems to be the number of exemptions that may have to be granted to garner the 5 votes needed to pass a resolution.
Many groups have asserted everything from constitutional rights to stating that the science behind the damage caused by second hand smoke is simply mythology created by those who would impose their will upon the sovereign rights of others. The truth of the matter is that the constitutional assertion has been shot down in court on a number of occasions and the evidence that 2nd hand smoke kills is overwhelming. Then there is the conundrum of the economics of exemptions.
The real question that the City Council will be considering when considering just what exemptions are deemed “appropriate†by a majority all comes down to economics. How much will it cost for any business to be granted an exemption? Aztar management has asserted that passing a comprehensive smoking ban will cost the City of Evansville several million dollars in taxes and may cost over 250 of their employees their jobs. That is debatable, but for the sake of avoiding an argument lets accept that as truth. One thing is for certain, bar owners and restaurant owners do not pay enough taxes or employ enough people to meet the economic threshold for an exemption so this exemption debate is really just about Aztar.
If 2nd hand smoke is accepted by the City Council to be a hazard, the real question is how much does an exemption cost? For what price my friends and City Council members will you prostitute yourselves to a powerful taxpayer. To ascertain an answer in other areas where public safety was the decision driver when they were adopted I would like to pose the following questions.
What if all Mercedes owners were named John and wanted an exemption to our speeding laws? Since the annual license fee and the sales tax for a Mercedes is substantially higher than it is for a 5 year old Toyota, these Johns are paying more license fees than Toyota drivers. Should this collection of Johns be granted an exemption from our speeding laws? After all they could always trade their Benzes for Camrys and lay off the nanny, the landscaper, and the pool man paying less in taxes and eliminating jobs in the process.
What if one particular chain of restaurants that is prosperous and employs lots of people wanted to be exempted from health inspections? If this restaurant stood before the City Council and stated with confidence that without an exemption that would allow them to serve undercooked squirrels that they will most likely be paying a couple of million dollars less in taxes and may even have to lay off a couple of hundred people. Would our City Council give serious consideration to such a request?
Finally, the WalMart Corporation employs many people and lines the coffers of local government with revenue from sales, income, real estate, and other taxes. If WalMart could reduce the already low wages that they pay their employees they would make higher profits and thus pay more taxes. The same cognitive process that concludes that Aztar deserves an exemption from the same rules that every other business has to comply with should exempt WalMart from minimum wage laws for the same reasons.
The politics of exemption really does make for some most interesting discussion and it always seems like the exemptions come down to economics and that it comes down to the golden rule. For those who do not remember that rule is “he who has the gold makes the rulesâ€. Whatever the outcome of this year’s vote on a smoking ordinance it needs to make as much practical sense as possible.
If the City of Evansville has to compromise principles and make an exemption for Aztar that will be unfortunate but that also may be the economic reality of the situation.
With six of the current members of the City Council having committed to vote for a comprehensive smoking ban back during the 2011 campaign if a comprehensive smoking ban does not pass it will involve yet another case of politicians being purveyors of falsehood. Let’s also hope that at least the votes are decided in the Council Chamber instead of a local Democrat watering hole.
Just how on earth can an elected official (the seventh vote) transition from “I am my brother’s keeper†to “we can’t protect everyone†in two short years? Maybe when questions like that do not have to be asked then the City of Evansville can actually take a place among prosperous cities with growth potential. Until then more of the same seems to be the law of the land.
Tonight is an opportunity for this Democrat dominated City Council to prove that they have a basic understanding of what the concepts of truth, honor, and democratic principles really are. I will not count on them doing the right thing. Quite frankly I do not believe that a majority have the integrity to cast a yes vote for a comprehensive smoking ban as 6 of them have looked me in the eye and committed to do, but I do have hope.
As a reminder to all of our readers – the northbound right lane on the Twin Bridges will be closed this morning for electrical work. This restriction is expected to last from 9am-11am.
Escape to the tropics this winter. Hundreds of rare and unique South American orchids will be displayed throughout AMAZONIA. There is no additional fee for this special exhibition. Just visit Mesker Park Zoo between February 11 and March 10 to view this unique exhibit.
