ETOBICOKE (May 30, 1996) - In response to Etobicoke Board of Health's announcement of a public meeting on the issue of smoking by-law amendments in the city, Freedom Party Constituency Association president (Welland-Thorold) Barry Fitzgerald made a private presentation criticizing by-laws as infringements of property rights.

Fitzgerald outlined the rights involved in this issue as: (1) the right of non-smokers to breathe clean air; (2) the right of smokers to consume a legal product without undue harassment; (3) the property right of a business owner to select clientele and offer services under conditions those customers want.

The public hearings were forced upon the Board of Health by the municipal council after the Board, without any public consultation, presented a proposal for a 100% smoking ban on March 23. According to a report in the June 5 Etobicoke Life, "opponents of smoking were out-numbered on the speakers' podium two to one."

"So I don't think it would be too cynical to suggest that your policy is firmly set, and that you don't really want public input," said Fitzgerald, "especially if it disagrees with your position.

"When you refer to 'enclosed public places', you really mean privately owned property that the public or at least some of the public sometimes has access to, and that is an important point. You intend to further restrict property rights. How far will you go? Will you ban smoking at home as well? You mention workplaces, and some workplaces are in the home."

With that warning, Fitzgerald concluded his presentation by encouraging the Board to concentrate on methods of treatment for nicotine addicts, and on education and persuasion rather than on tactics of legal force and coercion.

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