Smoking bans are government prohibitions on tobacco smoking in quasi-public indoor areas such as offices, restaurants, and hotels. Outright bans on smoking altogether are rare, although in most jurisdictions the sale of tobacco to minors, or minors under a certain age, is prohibited. Such laws have been introduced by many countries in various forms over the years, with legislators citing health statistics that show tobacco smoking is often fatal for the smokers and also sometimes for those subjected to passive smoking. However, some countries such as Spain hardly enforce their smoking prohibitions, and continue to profit from tax on tobacco products.
Bans in various countries
Countries to introduce a comprehensive ban include:
Smoking in public places or bars/restaurants
- The Republic of Ireland, which became the first country in the world to ban smoking in all enclosed work places (and hence bars and restaurants) on March 29, 2004
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New Zealand which passed the Smokefree Environments Amendment Bill on December 3, 2003. The ban took effect on December 10, 2004 and outlawed smoking in all enclosed workplaces including bars, clubs and casinos
- On January 10, 2005 the Italian Government implemented a ban on smoking in all public places.
- On June 1, 2005 a smoking ban in bars and restaurants will be in effect in Sweden.
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Australia, Iran, Montenegro, Malta, Norway, Tanzania, Turkey, Uganda, parts of Canada (British Columbia, Manitoba, New Brunswick, Nova Scotia, Quebec, Saskatchewan, Hamilton, Kingston, Ottawa, Peel Region, St. John's, Toronto, Waterloo Region, York Region, London, Whitehorse, Yukon) and parts of the U.S. (Arizona; Boulder, Colorado; New York; California; Florida; Massachusetts; Delaware; Connecticut; Maine; Rhode Island; Eugene, Oregon; Madison, Wisconsin; Lexington, Kentucky; Columbus, Ohio) have imposed bans on smoking in bars, clubs, and restaurants
Other bans
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South Africa which passed the Tobacco Products Control Amendment Act in 2001
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Turkmenistan, under decree from President for life Saparmurat Niyazov, has banned the chewing of tobacco.
- On December 17, 2004 the Kingdom of Bhutan a national ban on the sale of tobacco products went into effect. Smoking in all public places in Bhutan became illegal on February 22, 2005.
- Selected wards in Tokyo, Japan prohibit smoking on the streets. This ban is enforced and violators are fined. In response, smoking cafes have opened especially to provide a space for smokers.
Other restrictions
- In other countries, such as France, the Netherlands and Russia, bans enacted earlier allow for smoking sections in restaurants, as well as possible special rooms for use by smokers in other workplaces (though many employers prefer not to incur the costs of building and maintaining such rooms, leaving smoking employees to go smoke outside).
Proposals
- The Scottish Parliament has introduced a bill backed by all parties to ban smoking in all enclosed public places, expected to be in force by spring 2006
- On 16 November 2004 a Public Health white paper proposed a smoking ban in almost all public places in England. Smoking restrictions are to be phased in, with a ban on smoking in NHS and government buildings by 2006, in enclosed public places by 2007, and pubs, bars and restaurants (except pubs not serving food) by the end of 2008. Similar measures are expected in Wales. [1]
Opposition
In the U.S., smokers and hospitality businesses initially argued they would suffer disastrously from smoking bans, with many of them going broke. However, the experiences of Delaware, New York, California, and Florida have shown that many such businesses do survive. Still, stiff opposition to these smoking bans from smokers, bar owners, and even some non-smokers (such as libertarians), is still prevalent in these four states. Yet some operators of indoor venues are banning smoking by staff and/or customers for self-interest or commercial reasons.
In Ireland, the main opposition was from publicans, along with a minority of pub-goers. The Irish workplace ban was introduced with the intent of protecting others, particularly workers, from passive smoking. There was widespread opposition before the ban; however, promoters of the ban countered accusations that the ban would interfere with personal freedom by phrasing their argument in terms of workplace safety and workers' rights , rather than public health. By and large, since the ban's introduction it has become accepted, due in part to "outdoor" arrangements at many pubs (involving heated areas with shelters). It is viewed as a success by the government and much of the public, and many other European governments are considering similar legislation. Public health lobbyists in Northern Ireland have lobbied for a similar ban there also.
Total ban dispute
Recently there has been a growing desire by some anti-smoking activists and health officials to prohibit the sale and consumption of all tobacco products, regardless of where they are used. US Surgeon General Richard Carmona stirred some controversy in June 2003 when he publicly called for all tobacco products to be banned nationwide. A similar view is held by the British medical journal The Lancet, which called for a similar total ban in the UK in the December 2003 issue. In November 2004, Bhutan became the first country on earth to ban tobacco sale completely. There is a 100% import tax on tobacco products brought into the country for personal consumption.
Such a comprehensive ban in these countries would likely face considerable problems. The experience of the US prohibition of alcohol in the early 1900s shows that banning a harmful but popular product leads to widespread drug trafficking, which generates crime. Possibly more relevant is the fact that several US states have banned cigarettes in the past, yet all such bans were abandoned just as was Prohibition. Iowa banned cigarette manufacture and sales in 1897; Tennessee, Wisconsin, Indiana and Michigan were other states that banned cigarette sales at various times between 1897 and 1907.
A more recent anti-alcohol campaign in the USSR in 1985-1987 led to considerable public health benefits despite large scale illegal home-brewery of alcohol. Despite the potential benefits, it is argued that such a ban would violate personal freedoms, particularly if it is considered a victimless crime. The main arguments against smoking being a victimless crime are the health risks of passive smoking and increased health costs borne by all members of society. The argument for smoking being a victimless crime is that no adults are subjected to it without their consent.
The debate over whether a total ban should be implemented is still ongoing.
See also
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