But any establishment, especially an eating establishment (where people are having noisy conversations all around, and sound from an inobtrusive ring tone is only a bother if you're oversensitive and nosy) that sought to exert external control over my electronics would not receive my patronage. It is not their right.
First, I disagree with your contention that all restaurants, or even most, are filled with barely-tolerable "noisy conversations," unless your patronage of such places is limited to the Times Square McDonald's. Most restaurants - and definitely the expensive ones - are filled with people having conversations in normal speaking voices, if not subdued voices. Cell phone ringers are almost always much louder than the surrounding conversations, and it's a proven fact that once you start speaking into a cell phone, you subconsciously raise the decibel level of your own voice quite a bit.
And they have every right to tell you what to do with your electronics on their property. You have no more right to use a cell phone in a theater or restaurant than you do to bring in a boom box with you, or to show up without a shirt on. If you don't like it, find somewhere else.
When you go to a restaurant, or a movie theater, or a classical music performance, you're not just there for the food, or to be allowed to see a movie projected on a screen, or to watch people play their instruments. Having a comfortable environment in which to enjoy and appreciate these recreational activities is as important as the activities themselves, and the expectation of such an environment is part of what you're paying for when you go to any of these places. As such, it is in the proprietors' best interests to insure nothing interferes with that comfort level. And since it's their private property, they have the right and the reason to tell you to keep your pie hole shut and your phone turned off.
As Steven noted above, it is illegal to actively jam in the US, not because it infringes on a nonexistent right to use phones anywhere you want for any reason, but because you can't transmit without a license unless the FCC regulations allow for it. And while the FCC has issued a statement saying cellular jammers are illegal, they've never nailed a single person or establishment for having one. And lots of people have them; one UK-based jammer manufacturer says the US is his largest market.
One problem with your analogy is that second-hand cigarette smoke is more than just an annoyance...
No, it is not.
posted by aaron at 12:16 AM on March 13, 2001
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posted by quirked at 11:44 AM on March 12, 2001