HB 1213 is the statewide smoking ban. Plenty of words have been, will be, and should be spent discussing whether this is good public policy or not. But I just wanted to take a second to point out a bizarre bit of statutory drafting in the bill. IC 7.1-5-12-0.5 would be added to the Indiana Code to make this part of the law of the land:

Sec. 0.5. Abstaining from tobacco use is preferred, encouraged, and supported over the use of tobacco. The dignity and value of an individual are not diminished if the individual chooses to use tobacco.

First – nice use of the passive voice. It’s very difficult to tell who is doing the preferring, encouraging, and supporting here. Second – “the dignity and value of an individual?” Really? What is this doing in the bill? Is the General Assembly doing some motivational speaking? “Just because you smoke, we don’t think you’re a bad person. You’re good enough. You’re smart enough. And, doggone it, people like you.”

This language was inserted on a voice vote on a second reading amendment offered by Rep. Thompson.

My main problem with the provision is that I don’t think it has any place in the legislation. Laws should primarily express the idea of who gets to do what to whom and under what circumstances. For this bill: “You don’t get to smoke and you don’t get to let others smoke in these places. If you do, consequences x, y, and z will follow.” As to the sentiment itself, I suppose I agree with it. The dignity and value of an individual aren’t diminished when they choose to use tobacco. The diminishment occurs when it stops being a choice and starts being an addiction.