Illegal to Smoke at Home: Butt Out?
Two new legal commandments have been delivered to the Silicon Valley town of Belmont, California:
Thou shalt not smoke in thy apartment
Thou shalt inform authorities of anyone who does smoke in an apartment
Belmont is home to America’s most restrictive secondhand smoking law, which now makes it illegal to light up in an apartment or condo that shares a wall, ceiling, or floor with another unit. Violators face a $100 fine from the city, as well as eviction if smoking violates their lease agreement.
Additionally, the new law makes citizens responsible for enforcing it by encouraging them to call authorities and report their neighbors if they light up in any home other than a free-standing house.
All of which has left some residents fuming—outside.
“I’m absolutely outraged,” said one apartment dweller who now must leave home to smoke her two packs a day. “They’re telling you how to live and what to do, and they’re doing it right here in America.”
Proponents of the new law, including the California Lung Association, see it differently. “They simply said that secondhand smoke is no less dangerous when it’s in your bedroom than in your workplace,” explained a spokesperson.
“They” is the Belmont city council, whose members have received hate mail for passing the no-smoking-at-home ordinance, which one former council member likens to other matters of shared-living etiquette. “You can’t walk around naked in your house with the blinds open, or you’ll get arrested,” he said. “You can’t play loud music in your house and bother your neighbors. It’s illegal.”
But even some supporters of smokers’ responsibility to so-called third parties, such as neighbors, are questioning whether Belmont should butt out. “There are good scientific and public health reasons for restricting smoking in closed public spaces,” said an expert in public health ethics. “But when such restrictions are extended to beaches, parks, sidewalks and now to the homes of smokers, the argument that third-party harms must be prevented becomes increasingly untenable.”
Tell us what you think: Should smokers be responsible for their neighbors’ health? Should citizens be responsible for turning in at-home smokers? How far should government go in determining what you can do in the privacy of your home?
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Comments
Smoking Bans = Nazi-Like Thinking
Honestly I Dont Smoke But These Bleeding Heart/Liberal-Health/Politician{s} Nazis Have Gone Way Too Far !!! All Right I Can See Not Smoking In Hospitals, Churches, Schools & Grocery Stores
& Clothing StoresBut People Who Smoke Should Be Allowed To Smoke In Public—From Restaurants, To Bars, To Beaches & Parks, And In Their Own Car & Home !!!! I Thought This Country Stood For Freedom, But People Like, {PARADE Intelligence Report, 11/29/09}New Jersey State Senator Barbara Buono Have Nothing Better To Do But “Butt” Into Smokers Lives !!! Hey Buono Why Dont You Worry About Your State’s Crime, Unemployment, Drug & Alcohol Problems, {Instead Of Smoking} !!!!
Mike Adams | 3 months, 2 weeks ago
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Ms
Can you say, “Big Brother?”
K. Drick | 3 months, 2 weeks ago
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Stay Out of My Home
Besides the 4th Admendment that states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The second hand smoke argument has become a fetish to too many people and an excuse to see how much of our personal lives we will allow to be regulated. Otherwise to all those that are afraid my second hand smoke will kill them: No one gets out of life alive, A whole lot of other things kill more people than smoking, What I do in the privacy of my abode is no one’s business.
William Taylor | 3 months, 2 weeks ago
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student
can you explain why the garbage cans are not removed when there are smoking bans on public facilities in government areas———thanks
vicky baldock | 3 months, 2 weeks ago
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What about MY own home?
I agree that people should be able to do the things that affect themselves in their own home. I live in an apartment and two of my neighbors smoke. My apt. smells as if I smoke.
When it affects others is when I think there should be limitations. If it doesn’t, then puff away.
Carol Justic | 3 months, 2 weeks ago
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another side
I LIVE IN SOUTHERN FLORIDA. MY LANDLORD TOLD MY DOWNSTAIRS NEIGHBOR THAT HE COULDN’T SMOKE IN THE APARTMENT SO HE CHAIN ANOTHER FRIEND">SMOKES FOR HOURS LATE IN THE EARLY MORNING">EVENING. IT COMES IN MY LIVING ROOM COMPUTER ROOM, AND WORST OF ALL, BEDROOM.
MY APARTMENT IS VERY LEAKY SO I DON’T REALLY AIR CONDITION AND WE HAVE MUCH TIME IN THE WINTER WHERE IT IS NICE TO HAVE THE WINDOWS OPEN. I FEEL LIKE A PRISONER. I THINK IT WOULD BE BETTER FOR THEM TO BE INCONVENIENCED. SHOULD SOBER DRIVERS BE CONSIDERED WRONG TO NOT STAY OFF THE ROAD TO AVOID DRUNK DRIVERS?
I HAVE TRIED MANY MITIGATIONS THAT HAVEN’T HELPED.
g. straza | 3 months, 2 weeks ago
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leaving smokers alone
i agree they need to leave smokers alone we are not disturbing anyone so leave us alone
Brandon Smith | 3 months, 1 week ago
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smoking
i agree we have the right right smoke in our own home if we please no one is saying so unless they want to pay all the bills
Brandon Smith | 3 months, 1 week ago
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NON-Smoker
Someone should create a personal bubble that they can smoke in. Let them have their rights and we have clean air. Other wise they need to put up with public health laws.
Sam Davis | 3 months, 1 week ago
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sobeeit
i’m a smoker. If people want their homes and clothes to smell that bad, sobeeit.
terry griffith | 3 months, 1 week ago
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