January 31, 2006

Smoking Outdoors

In the midst of a fine hammering of the use of false information  to support efforts to ban all outdoor smoking Michael Siegel says the following:

There is, in my opinion, simply no justification for invoking the state's police powers to regulate smoking on streets and sidewalks, places where people are free to move about and where, in most situations, people can simply avoid substantial exposure to secondhand smoke. And I am aware of no scientific evidence that secondhand smoke exposure on streets and sidewalks is a significant public health problem.
Well, yes, it is not a public health problem but it can be damned obnoxious and offensive to a nonsmoker. I can choose whether or not to enter a smoking establishment but why should I have to delay or hasten my walk down a sidewalk because some jerk (being polite) decides to light up right in front of me (other examples are myriad).

Outdoor smoking should be allowed but the smoker should be subject to charges of simple assault and/or battery if the smoke touches another person or forces them to change their position or path in order to avoid the smoke.

Via Hit & Run via To the People

Posted by Steve on January 31, 2006
Comments

And let's not forget the outrageous negative externalities of having to look at unsightly ashtrays outdoors. That certainly should be sufficient justification alone for prohibition.

Posted by KipEsquire at January 31, 2006 8:21 AM

I don't smoke. I try to avoid smoke as much as possible. I find the arguments to prohibit smoking outdoors to be disingenuous. If we're serious about protecting people from the health effects of smoke, then we should first ban all use of wood fireplaces in urban areas. One fireplace can produce enough smoke to poison the air in an entire neighborhood. Even the most hardcore tobacco smoker would be unable to accomplish this. If you're skeptical, take a look at http://www.burningissues.org/.

Posted by mike at February 22, 2006 11:28 AM
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