Should Smoking at Home Be Illegal?
March 20, 2009 by Kathy McManus
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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600 Comments
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March 23, 2009 by Vix
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April 15, 2009 by MK
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April 16, 2009 by Smoking in Belmont
August 3, 2010 by steve mccoy
yes, my comment is that to many people worry to much about what other people are doing. thats why we are almost a comunist country now. we are lawed- to- death now. every big business and snot-nosed group have more say-so than the hard working tax payers. what would the gov. and states do if all us workers stopped paying taxes because we have no rights anymore? what is it with these people who claim they want a free country but don't want anyone else to do something they don't want to do? this supposed to be a free country and i have earned my rights to have freedoms. if i want to smoke than i will smoke , if you don't like it than go your own way but leave me alone. i spent my time in the military and have worked and payed taxes all my life . so i have earned the RIGHT TO BE FREE. what about the rest of you??? sorry but these things pee me off.
August 25, 2010 by spud
...I think both of these rights (swinging and smoking) are due extensions when somone is sticking their nose where it does not belong.
January 17, 2010 by Donald Mason
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January 18, 2010 by Rick Starwindwalker
June 24, 2010 by JSY1221
Oh please, I live in a condo, the gentleman that lives next to me is a smoker and the only reason that I know this was because I knocked on his door to ask him if he had any water damage from storms. When he opened the door I then could smell the cigarettes...I had no clue for 2 years that this man even smoked. My son's room shares a common wall, my son has asthma, not one attack in the 2 years we've been living there and my son can always smell cigarettes...he also had no clue. What is wrong with this world that we are going to tell people what they can and can't do in their home. Cigarettes are not an illegal substance, if someone wants to smoke in the privacy of their condo or apartment (and I've been apartment and condo living for 11 years and have yet to be affected by anyone's smoking habits), they should be able to do so, they pay rent, just as I do and they have rights. I don't want the state or government dictating my life in my home, it won't stop at cigarette smoking and before you know it we no longer will be a free country, What is wrong with everyone that no one sees how this violates our rights whether or not you are a smoker, this is just the beginning...welcome to communism.
July 2, 2010 by Ty
Car, bus, lawnmower, snow blower, gas edger and truck exhaust are as or more dangerous. Unless you start walking, biking, only buying locally produced goods, mow and shovel manually, STFU
July 7, 2010 by Sharon
I don't think you were very nice. You don't get it. By our governments dictating what we can do in our own homes, cigarette smoking is only the beginning. Let me ask you something -- are you perfect with no bad habits? I have worked all of my life and have always been healthy, yet my taxes go up and so does my insurance when I have to help pay for people who have bad health issues because of their eating, drinking and lazy lifestyles. I have also known health nuts who died at relatively young ages, regardless of how hard they tried not to get sick. Just because medical technology is able to keep people alive who in the past would have died doesn't give you a guarantee to a long life. I also think too many people make themselves sick and die just from "worrying" about such matters. You might try taking some nutrition, health and biology classes if you don't believe me. Your genetics have a lot to do with your health and lifespan, and that can't be blamed on the world in general (or your neighbors).
January 26, 2010 by Jeanette Nagy
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June 9, 2010 by Valerie
I agree so much with you....especially the Global Warming crapola! Have you seen Conspiracy Theory with Jesse Ventura? Makes you really think about things. I live on the Gulf Coast and until about 10 years ago never heard the term "El Nino or El Nina" for causing bad weather! Now, if the government can't even control illegal immigration, how are they going to police anyones smoking habits? And congrats to California, Arnold and Boxer is on their way OUT!
July 31, 2010 by Joan H. Bush
I do NOT believe government should be allowed to dictate what I can or cannot do in my own home as long as the action itself is not illegal(such as growing pot in my kitchen). I smoked for 67 years and did so outsside my apartment for about 8 of those years. My health has dictated my quitting (which I have done and switched to electronic cigarettes) but I do not believe I (OR ANYONE ELSE) has the right to tell you what you can/cannot do in your own home. The only restriction I have seen that makes sense is the LANDLORD WHO WILL NOT RENT TO A SMOKER. His property, his rules.
April 9, 2010 by Reg Mann
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June 21, 2010 by Fisherking
This is not about health or smoky apartments...it is hysterics and It is my sincerest hope that every smoke nazi gets cancer and dies anyway...the world will be a better place without 'em.
-FK
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July 7, 2010 by Sharon
I agree. Some people have nothing better to do with their time than try to infringe on others' freedom. Maybe they should try to find a new hobby that will broaden their intellectual horizons. That might give them something better to think about. Remember that old saying -- "misery loves company". Well, I believe that miserable people want everyone else to be miserable. It's actually a form of mental illness and they should go and see a psychiatrist. I'm tired of the mentally ill getting attention because they behave so badly are more noticed than those of us who mind our own business and have better things to do with our time than stick our nose in others' lives. It's their way of diverting attention away from the important issues at hand. As a Native American, I say anyone who doesn't like it here can go back to where they came from. Native Americans have always used tobacco and it didn't seem to bother anyone back then when they took everything away from us by force. I, too, will keep smoking and blow my smoke in anyone's face who is rude enough to make a comment about it. Why are non-smokers always placing themselves in places where smokers go and then complain? Like they're the only ones who matter. You're right. The world might be better off without them because they're weak.
July 23, 2010 by Karin Stokoe
People need to realize a couple of things. Smoking is not good for you. I think that fact has been established. For the sake of my loved ones I have started on electronic cigarettes. They are great. However, when a governmental organization steps in with the words , "We are doing this for the people's health and welfare.", look out! You are just about to be screwed. They always start out that it is what is best for us. They just don't mention that the next step they take is going to be to take more of our freedoms from us. Wake up people. It starts in one town. What happens here may determine a lot of our future!
July 16, 2010 by June
wow that really sucks......this smoking ban has gone way too far.......my father smoked heavy for 60 yrs....and my mother did NOT get any second hand smoke that sickened her.....this is ridciulous.....geez, remind never to come to california!!!!
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July 21, 2010 by Richard Bentley
I live in apartment and this man smokes on and on next to my door and there is not a thing I can do my word is why can places let where you eat not to smoke and that are not to be smoking but in apartments they are not seen the same there is more then one person in it. if its not the same what you say is you do not care if someone is making someone die or become sick and then with out that law you make your medicare cost go up for you have then more become sick because of it why is that
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August 10, 2010 by David Prescott
Preposterous. Show us the evidence, scientific evidence that secondhand smoke can penetrate wood, steel, concrete, flooring, tiling, plaster, etc. and all of that after going through the air-filter in ones central air? It's even more ridiculous because someone made the argument that it is illegal to walk around in your home with the blinds open. Yet I don't hear anyone telling everyone to watch outside their neighbors windows and make sure they don't see any nudity! Imagine if they did! Oh, and will they be allowed to ban all the fat people too next? Will it be illegal to feed your children McDonald's soon? Will you have to check in with a dietician? How are they going to enforce this? Witch hunts? Will a mere report, circumstantial and second-hand information from a neighbor be enough to get you evicted? How is that fair? Can they ban ignorant people from apartments as well please? This is all to raise money and cover people's asses. I guess times are tough huh? Prohibition all over again. If you won't ban carbon-burning automobiles, which arguably do more damage to everyone's health, why smoking for tenuous reasons? Hypocritical at best, 1933 Germany at worst.
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August 12, 2010 by Dj
It sounds like we are headed for socialism and will have no rights. This country was founded on freedom and freedom of speech. Obama isn't sticking to his word just like the other Presidents.
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August 18, 2010 by linda
what are the laws in colorado i dont mind if a person smokes but if that person keeps her or his self locked up in there apartment allday then decides to open their door to let all that smoke or cigar smell out that is what is sickining
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March 24, 2009 by Serenity
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April 10, 2009 by rock
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December 31, 2009 by Amy
May 22, 2009 by Eric Henry
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June 16, 2009 by JR
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June 9, 2010 by Valerie
Serenity, you are so funny! But so right! They will not stop selling cigarettes because of the high taxes on them, and the government can't control their spending, so keep selling them! This law is as stupid as the one that made McDonalds take the toy out of the happy meal! Kids are still going to eat the freaking happy meal, toy or not! Back in prohibition days, alcohol was illegal and it didn't stop anyone that wanted to drink from drinking! If they were to outlaw anything, it should be alcohol. It sure kills alot more people a year than cigarettes! And it also kills alot more innocent people than cigarettes!
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March 26, 2009 by sue
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March 27, 2009 by fred
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March 30, 2009 by Ken
March 31, 2009 by wkj
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April 17, 2009 by Barb
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April 22, 2009 by kate montclair
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May 11, 2009 by THERESA CAVES
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June 16, 2009 by JR
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July 2, 2009 by Rachel
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August 7, 2009 by Jessi
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October 14, 2009 by joe slick
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July 20, 2010 by Cari Geldreich
Your statement: We pay higher taxes for something we enjoy doing. If they don't like it - tough. So dose this mean if you enjoying killing people it's ok because you are paying more in taxes? This is really sick. Cigarettes are a drug and drug users will do what ever it takes to get their drug. They don't care about anyone even themselves. This is evident in your statement. Its more important for drug users to get their drug than to care about the health, safety, and welfare of everyone around them. I suffer every day at work and in my own home because smokers think its ok to smoke because they are outside. Well all that outside air comes right into my work and my home. You want to belly ache about your right to smoke, well what about my right to clean air? What about my right to not have to suffer everyday from other peoples cigarette smoke? Our laws are getting stricter on factory pollution too. Are you going to defend factories too and say that they have the right to pollute the air? This is not about taking away a persons freedoms, it's about looking out for peoples health. Why don't all of you smokers do yourselves a favor and go to an Asthma clinic and light up a cigarette next to a child that is there for asthma and see for yourself how your actions make another person suffer and ask yourself if what you are doing is really ok. And I just want to say touché to Joe Slick. I loved what you said at the end.
March 27, 2009 by Kip Pancake
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June 16, 2009 by JR
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August 17, 2010 by Carol
So what about the air pollution that is all around you? What are you doing about that? About the bus fumes you inhale on every street corner (MUCH worse than second hand smoke, by the way). Most don't give a damn about that, but if they get a whiff of second hand smoke from a cigarette, all hell breaks loose.
February 9, 2010 by Bob
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June 26, 2010 by Sharon Langer
"Allergies" are the most creative defense I have yet seen for "anti-smoking" brigades.Now that you have wiped out smoking in 95% hotel rooms, all airplanes, and most airports and restaurants, you are now going into people's homes, cars and the great outdoors to institute your "right thinking". This is not communisism, it is the tryanny of the majority. My grandmother was a member of the WCTL. I never liked her. I can only hope that we will now get underground cigarette trafficking. Recent legislation is not about our health, it is designed to give States more tax money. It passed because so many of you like it...smokers are easy targets for our legislators while they fail to deal with the real problems..Iraq, Afganistan,recession,energy problems,etc. So...feel happy all of you "allergic" folks.You will stamp out smoking, but what have you done about real issues?
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July 2, 2010 by Ty
That is exactly the point, my wife is allergic to grasses, trees and flowers....that give me the right to demand that the entire community be paved over?
March 27, 2009 by jredheadgirl
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April 25, 2009 by John Severns
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June 1, 2009 by Jeffrey Rosen
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March 29, 2009 by Michelle
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June 16, 2009 by mamiet hall
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March 22, 2010 by Mandy Allison Williams
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March 30, 2009 by PATSY LUDWIG
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December 8, 2009 by Brandon Smith
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December 9, 2009 by Brandon Smith
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April 25, 2010 by Valerie
I agree if the government is going to tell me I can't smoke in my own home they can pay all my bills too. I would feel the same way if I owned a business. I pay the taxes I pay the insurance I pay all the bill so who are you to tell me the people I will cater to. Just post a sign smokers welcome and if you don't like it don't go in period. Just like I do now. If the place says no smoking I'm fine with that I DON"T GO IN and spend my money.
March 30, 2009 by debbie corbin
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March 31, 2009 by Wayne Travis
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March 31, 2009 by Charles H. Bachman Jr.
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August 14, 2009 by Larra Storey
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March 31, 2009 by michael
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March 31, 2009 by maxwood
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