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Outdoor Smoking ban part 2

Posted 11-20-2008 at 01:57 PM by sorrell
[7]. The danger is even greater

for those who are already at an elevated risk for coronary problems: e.g., men over 40 and


postmenopausal women, anyone who is obese, has diabetes, a personal or family history of heart or


circulatory conditions, gets insufficient exercise, has high blood pressure, cholesterol, etc.


[8]

4. In cases where drifting tobacco smoke was present and a nonsmoker suffered a heart attack,


asthmatic attack, or other similar problems, the municipality which owns and operates the beach,


park, playground, etc. could be liable since it was on notice of the known health dangers


[9] but failed

to take the “reasonable” step of banning smoking as taken by many other outdoor areas.


[10]

5. Society recognizes that people have a right not to be involuntarily exposed to known carcinogenic


substances, even if only to small amounts and for brief periods. That’s why, for example, extensive


and very expensive precautions are taken when asbestos is removed from buildings. This insures


that people outside are not exposed even to minute amounts as they pass by. Similarly, we would


not tolerate someone who filed down old brake drums in a playground, thereby releasing even tiny


amounts of asbestos into the air. Secondhand tobacco smoke is officially classified by the federal


government as a “known human carcinogen” – exactly the same category as asbestos.
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