Legal Rights of Nonsmokers
- As of 2011, just over half of the states in the U.S. prohibit smoking in enclosed public buildings such as restaurants, private office buildings, schools, hotels and government buildings. Major legal battles continue over smoking in privately-owned recreational establishments such as casinos, bars, racetracks and restaurants. Despite the tobacco industry's attempts to scare social establishments with the specter of empty eateries and bars if smoking is not allowed, economic ruin due to smoking bans has not occurred.
- Independent of statewide bans, individual cities may enact their own smoking laws that prohibit smoking in or around city-owned properties such as schools, libraries and city agencies. Municipalities may also attempt to regulate private businesses within the city limits if pushed by nonsmokers' lobbyists. Even in tobacco-growing states, towns may institute smoking bans if their citizens request it.
- Even in tobacco-growing states, smoking in public buildings has become practically obsolete throughout the U.S. What local or state laws have not prohibited, insurance policies have, and most work sites do not permit smoking indoors. Also, workplaces must make clear how far from the building smokers must stand, and littering laws protect the environment if smokers throw butts on the ground.
- Nonsmokers certainly have the right to prohibit smoking in their own homes and cars for those who light up without asking permission. However, smoking etiquette prevents most smokers from attempting to smoke in homes with nonsmokers. As of spring 2011, several New York City co-ops were seeking to take the issue further by banning smoking inside all apartments. Enforcement remains problematic, but the trend leans toward smoking bans.