Capitol Hill Blue Forums Political Issues Constitutional Issues Smoking in Public and Whose Rights are they?

This is one of those where you (the generic 'you') have the right to do as you like, so long as you don't disturb others. Just as you have the right to play music at 2AM (I often do) -- but if it's so loud it wakes up the neighbors, expect a police officer knocking on the door.

I have no problem with smokers; I just have a problem with them smoking around me. As with many ex-smokers, I'm hyper-sensitive to the smell - for example, I can smell a lit cigarette in a car that drives by me, or is in the next lane stopped at a stop light. That doesn't mean I want to outlaw smoking in cars.

I live in a multi-story apartment building. All the tenants have decks. Several times in the evening I've had to come inside because the smoke from lower balconies rises straight to mine. Have I tried to ban the smokers from smoking outdoors? No. Does it affect my ability to enjoy my home? Yes. Would I be happier if I didn't have to deal with smoke at home? Yes.

It's not a simple yes/no deal. I'm not going to hassle a smoker - I've been there. But smoking is not a right. It's a public hazard. Businesses are regulated against hazards like fire risk, dirt/disease, overcrowding, etc. I don't have a problem with that, and I don't have a problem with smoking bans, for the same reason.