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News-Sentinel.com Your Town. Your Voice.
Opening Arguments

Butting out

Circuit Judge Marianne Vorhees has rejected a legal challenge by Delaware County bar and tavern owners, who contended the ban on public smoking in the county had hurt their business. That's not that surprising or interesting -- as this Muncie Star Press editorial notes, there have been similar rulings outside Indiana. But her ruling contained some words of wisdom every politician and public official in the state should read.

Vorhees wrote the best way to reverse the smoking ban is at the ballot box. From her ruling: "The way this trial court sees the issue, balancing various interests, weighing economic impacts and determining public policy issues belongs solely to the Delaware County commissioners. Ultimately, plaintiffs have presented a political issue. The court is not referring to political as in 'Democrat,' 'Republican' or 'Independent.' The court is referring to the political process in which voters elect people to office to make these decisions, and if people are not satisfied with the decisions made, the use the political process to replace the officials who made the decision."

How refreshing that a judge recognizes that the best way to craft public policy is through the political process, not by judicial decree. And the more local, the better; the balancing of competing interests can best by done by those closest to them and therefore with the best knowledge.

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