In a meeting last week with Marshall City commissioners, Realtor Fuzzy Harmon suggested that a ban on smoking was not a health issue, but a "land-use" issue.
Well, he's partly right.
For a fact, telling a restaurant owner that he cannot allow smoking inside his establishment is, without a doubt, restricting land use.
We can understand why Harmon, and perhaps other Realtors, get tense when cities begin restricting land use, but it is hardly unusual. All zoning is land-use restriction. One cannot open a convenience store in the middle of a neighborhood of houses for a reason.
The no-smoking ordinance is a bit different in several ways. First, it changes the way a business operates immediately. There is no "grandfather" clause, as might be the case in zoning (note the liquor store in front of the high school, for instance). Also, as with every other no-smoking ordinance, it prohibits an otherwise legal activity in a public place.