part 5
Posted 11-20-2008 at 01:58 PM by sorrell
13 Young children playing in the sand at a beach or in playground sandbox may be tempted to put
cigarette butts which contain concentrated amounts of carcinogens and other toxic chemicals
trapped from tobacco smoke
[27] into their mouths, and even older children may touch the cigarette
butts and then put their fingers in or near their mouths, eyes, etc.
14 Discarded cigarette butts may also be harmful to birds and other wildlife which nibble on or even
swallow them, especially on a beach or park, but also even on a public sidewalk.
[28] Indeed, one of
the first domestic bans on outdoor smoking was enacted to protect wildlife rather than human
beings.
[29]
15. Activities and images which might be inappropriate for young children and/or which might lead
them into bad habits are often prohibited in public places, even if they pose no health risk and might
even be appropriate in areas visited voluntarily only by adults.
[30] For example, virtually all
municipalities have long prohibited consumption of alcoholic beverages in public places like parks
and beaches. The purpose is obviously not to prevent drunkenness or driving while intoxicated
since people can easily get drunk drinking in their parked cars, in bars, and at home. Rather, bans
are imposed because drinking sets a bad example for young children to see it done openly even if
the same children might see it in their own homes. Similarly, prohibiting smoking in outdoor places
frequented by the public like parks, playgrounds, beaches, etc. shields young children from
seeing smoking as a common adult behavior to be emulated, even if some may observe smoking by
the parents and other adults in private homes. Other examples where activities are prohibited in
public places because of their possible impact on children include sexually suggestive movements
(permitted on dance floors but prohibited in parks and on sidewalks), gambling (permitted in casinos
and tracks but not in public places), displays of pictorial nudity (permitted in art galleries but not on
sidewalks), etc.
16. In addition to all of the above reasons, it has now become clear that restrictions on smoking are
a major factor in helping to persuade smokers to quit, and to help those who want to stop smoking
to do so.
[31] The result can be an enormous saving of lives, in the prevention of disability, and in a
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dramatic reduction in health care costs most of which are borne by nonsmokers who otherwise are
forced to pay higher taxes and inflated health insurance premiums. Smoking bans including
outdoors as well as indoors encourage and support quitting by making it more inconvenient for a
person to remain a smoker. Every ban on smoking also sends a very clear educational message to
the smoker that his conduct is not desirable and indeed is found to be annoying and irritating if
not repugnant by a large majority of others. Finally, smoking bans help those already trying to quit
by tending to assure that they will not be tempted by being in the presence of a smoker, smell the
tempting aroma of tobacco smoke, etc. While not the primary argument or purpose in enacting
outdoor smoking bans, this additional significant effect of such bans may well be a factor in deciding
to support such public health measures.
SUMMARY
More than 350 jurisdictions have successfully prohibited smoking in outdoor areas such as
beaches, parks, playgrounds, near building entrances, while waiting in lines, etc. without legal
challenges, problems of enforcement, loss of patronage or taxes, etc. Such bans appear to be so
successful that more jurisdictions are sure to be added. Indeed, as smoking is being banned in an
ever growing number of indoor areas, people are beginning to expect freedom from these toxic
fumes, and to expect air unpolluted by tobacco smoke wherever they may congregate.
[32]
Very strong recent evidence of this trend is the overwhelming vote by the citizens of the State of
Washington to ban smoking not only in all bars and restaurant, but to also require that building
entrances be smokefree, and to prohibit smoking within 25 feet of doorways, windows, and
ventilation ducts of smokefree establishments. This vote comes on the heels of a poll by the New
York State Health Department which showed that the public support for banning smoking in many
outdoor areas is even stronger than similar support for a 2003 bill banning indoor smoking.[33]
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Recent Blog Entries by sorrell
- Ugh...not again (02-23-2009)
- part 5 (11-20-2008)
- part 4 (11-20-2008)
- smoking part 3 (11-20-2008)
- Outdoor Smoking ban part 2 (11-20-2008)
