[Alan Chapman]

To the extent such decisions are made matters of legal regulation, the determinations are made by the legislative process subject to judicial review.

That isn't the measure. That's just the process which takes place after the determination is made. But, you knew that. I asked by what measure does one go about determining which activities should be prohibited?

...where do you contend that the right to swim in a public pool comes from?

I contend that no such right exists.

[Roscoe]

I contend that no such right exists.

Took you long enough. Libertarians typically refuse to recognize historically well established rights that don't easily fit into the theology of their cult.

BTW, do you drive on the public roads?

[Roscoe]

That's just the process which takes place after the determination is made.

Dead wrong. The legislative process normally involves extensive hearings and weighing of evidence from different sources and interests, Ayn Rand's pulp fiction notwithstanding.