Was it ever ILLEGAL TO BAN smoking in restaurants or other businesses or rental apartments?

Question

I've been discussing the smoking issue, but have a couple of business owners claiming that the government is taking away their rights. They believe that the government should not pass nor enforce anti-smoking laws, but I'm curious to find out if it was ever illegal to ban smoking from any businesses at all. I'm especially wondering about restaurants, clothing stores (where merchandise could be ruined by smoke and it could be a real fire hazard), schools (by teachers), or anyplace.

So, in your area, was it ever ILLEGAL TO BAN smoking from anyplace? Please ask your parents, and especially your grandparents or older neighbors who might know.

There are a few points I am about to make to them (on a group, not here), comparing the smoking issue to some other issues, but I want to see if anyone here comes up with my same thoughts before I post it to them.

Thank you in advance for participating.

.

BTW, where are you from?

Please read the question carefully.

I feel that the anti-smoking laws are GOOD because they are meant to protect people. Owners' rights, IMO, need to be put aside in certain cases.

Certainly many of us don't want to go back to the time when owners could bar certain races for no reason other than they didn't like other races or nationalities. That's just one example of why the government needs to step in, IMO, because some business owners are unfair for no reason.

I'm trying to show a couple of business owners WHY the government should have the right to step in, even though the business owners feel that their "rights" shouldn't be taken away.

I feel that business owners MUST comply with the no-smoking laws, just as they must comply with anti-discrimination laws. Those laws are there to protect various people in various ways.

So I'm just curious. If there was ever a law that said owners could NOT ban smoking, that would show how obsolete/wrong some older laws were.

Answer 1

The legality of laws enacted to prohibit smoking are still under scrutiny and being argued. Some folks can smoke all their lives and live to be 100 while others die young/suffer cancer and other health issues. Baby boomer generation all witnessed smoking being allowed & even promoted everywhere to being taboo today. Health studies came out; tobacco industry found to be putting addictive substances in the cigarettes.... Then activist groups got involved...leaving the business owner groaning. His customers smoke and and he feels he has the right to supply an environment that he chooses. Look at alcohol and Prohibition. Same thing went to extremes there, followed by all those successful illegal 'speak easys'.
Back to laws being legal. The legality is dependent on a majority concencus which is still being fought to this day. Legally there is the cigarette tax started back in the 70s under heavy opposition. Legally there are enforcements to place signs on business that allow legally limited smoking all dependent on what state, area you live in. To this day, on the issue of alcohol, there are legally dry counties. The largest military base in America sits in a dry county. Ft Hood. Marijuana is another political football. Compare that to Cocaine where Coca Cola got its' name - used to be a health drink. Issue is the cost to society. Overall -liquor, tobacco, 'weed' have all proven to have more ill affects than positive = detrimental to the overall well being of the society in general. Legally we can try to take them all away but what will be the cost of enforcing these laws. Weigh that against other issues like prime crimes, international concerns such as the war on terrorism, social security, etc, etc... Laws, enforcement of the laws is all a balancing act. Legally: you can be refused a job by means of drug test results. You can lose a job by smoking, drinking, etc on the job site. You can pay higher insurance rates or be denied benefits due to a health screen showing nicotine, alcohol, narcotic levels. Legally these controls may do more to stifle smoking and alcohol, etc than any specific law to cease and desist. That is still under legal discussion. Confusing enough?

Answer 2

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Answer 3

I have thoroughly studied the PPS (public place smoking) regulations of India, Pakistan, Hong Kong, Thailand,South Africa and Bangladesh. Each of these regulations define some areas and places as "Public Place banned for smoking". The scope of the definition varies from country to country though. For example: open roads and streets are :non smoking" in Hong Kong but not so in Bangladesh. Parks and gardens are "non smoking" in Bangladesh but not so in Pakistan.

However, each of these regulation say that the Government can any time declare an area or place as "non smoking" to protect public health. They also say the administrators or owners of privately owned places can decide whether or not to allow smoking inside their places (unless that place is already declared non smoking by the regulation).

Therefore, any hotel or restaurant or pub or bar can be declared "smoking" or "non smoking" or can have "segregated smoking non smoking sections" as per the wish of the owner - provided they have not already been declared non smoking by state regulation. e,g, a restaurant in Ireland can't declare itself non smoking because that would contradict with state law.

Don't forget to place clear, legible signs or identifiers to let people know whether the place has been declared a smoking or non smoking or segregated. That's a must.

Answer 4

It used to be legal for establishment owners to decide how to operate their business with few exceptions.
When I was a child (in the 50's), Oklahoma had a law that banned smoking in theaters and a few other places like extremely flammable or explosive atmospheres.There were some but very few, non-smoking business. It was ultimately up to the business owner otherwise.

Answer 5

you are not allowed by law to smoke in any establishment in the state of California. That means no restaurants, bars, and this past year they have made it so that you cannot even smoke on the beach , parks or any public property (you have to be atleast a certain amount of feet away) its nice everyone is used to it here and even some of my smoking friends like it (they say , its nice to go into a bar without your eyes burning out).

Answer 6

I would agree with the government putting a ban on smoking in public buildings. I would expect others to show consideration for my health even though smokers think it is their right but it is not their right to harm others by inducing second hand smoke in the air I breath. At least we were considerate by not banning it everywhere including outside.

Answer 7

If it was ever illegal to ban smoking anywhere, it was prior to the facts coming out.
Smoking is bad for the smoker.
Smoking is bad for people around the smoker
Smoking makes things stink around the smoker.
Laws are like mountains. It takes a lot to change them, but once they're changed the change is usually permanent.

Answer 8

if there was, then why are the ant-smoking crusaders working on laws to have it banned in every city and state they can? it was legal here in phoenix, AZ, but it wont be as of may.(in restaurant and bars and such.)

Answer 9

Since smokers are NOT a protected group, and never has been., then it is never illegal to ban the practice, anywhere.

Answer 10

It was considered discrimination years ago. Times change. Whatever whim of the age.