Smoking Bans In The U.S. Are Unconstitutional

Posted: 4/26/2015

Trigger

Just read this “http://www.nytimes.com/2015/04/23/us/new-orleans-smoking-ban.html”. New Orleans or the Big Easy just became the latest of the major tourist cities in the U.S. to ban smoking in bars and restaurants.

From this article, I learnt there is such a lobby as the National Nonsmokers Rights Foundation.

As I have written elsewhere on my blog, the majority of nonsmokers persecution of the minority of smokers is a modern witch hunt by big government (see here and here).

Is Las Vegas Next?

It appears that city wide smoking bans in bars started in a town in California in 1990 (source).

“In 2002, Delaware became the first state to adopt what the CDC [Centers for Disease Control And Prevention] considers a comprehensive anti-smoking law—one that bans smoking in private workplaces, restaurants, and bars.” (source)

“As of January 2014, 28 states have enacted statewide bans on smoking in all enclosed public places, including all bars and restaurants” (source)

Blatantly Unconstitutional

For a government entity to prohibit smoking in private businesses is a grave violation of private property rights. Same goes if the majority of voters of a state, county, or municipal endorse such a ban.

Such smoking bans are grave violation of individual liberty imposed by an overzealous majority of nonsmokers.

Further, this assault on the minority of smokers could also be seen as a form of illegitimate discrimination based on the very contestable notion of promoting public health. Second hand smoke exposure is an overblown health scare. Or is it the odor?

What could possibly be considered constitutional is for government entities to completely ban smoking in government office buildings, but even that might go too far.

Moreover:

1. Any business can voluntarily ban smoking entirely or partially in their establishment to attract nonsmokers etc.
2. Businesses can install adequate air filtering systems etc. to minimize exposure
3. Nonsmokers are free to open and/or operate their own bars and restaurants. Nonsmokers are also free to buy any hospitality business and convert it to a nonsmoking environment
4. No employee is forced to work in a smoking environment or they can reduce their exposure by working there only for a period of time if no other alternative is available etc.

Thank The Native Americans

The citizens of the U.S. (smokers and nonsmokers)  should thank their native people for running casinos in many places of the country where smoking indoors is still allowed.

Oh, by the way, I have never smoked in my life! :-)