Opinion

Outdoor smoke ban crosses the line

When my former colleague Andy Granias wrote a column last year in defense of a statewide smoking ban, the comment boards lit up — figuratively and, perhaps, literally — in protest.

One particular comment caught my eye: A commenter took the statewide ban to mean “no smoking anywhere in the state.” I naturally scoffed at this, as the idea seemed so far-fetched and asinine that no one would dare attempt it. While I’ll spare you the obvious comparisons that would have me “Godwin” this column, it should be understood how absolutely insane it is to attempt to eradicate secondhand smoke from an entire campus, city or state.

It seems my definition of sanity was far too optimistic.

On Tuesday, the Pennsylvania State System of Higher Education officially banned smoking on campus at its 14 state schools — completely. No buildings, no alcoves, no public squares, nothing.

When asked by a Herald reporter what the rationale was behind this move, a spokesman for the system, Ken Marshall, said the decision was made in order to comply with Pennsylvania state law, which bans smoking in public places and educational institutions. Since the campuses constitute both areas, they thought they would just be complying with state law. The problem is that the Clean Indoor Air Act — as if that wasn’t enough of a give-away — stipulates in the opening lines that this act aims toward “prohibiting smoking in enclosed and substantially enclosed areas.” However, the Pennsylvania State System of Higher Education seems to think that by holding meetings and classes outdoors, this now constitutes a “substantially enclosed” public area.

Why, because of all the building on campus?

When I asked for an opinion on the ban from Maureen Busalacchi, executive director of SmokeFree Wisconsin, she said she hadn’t heard of the move but pointed me to a study by Stanford University on the effects of secondhand smoke outdoors.

Its conclusion? Smoke levels are highly concentrated around smokers, but almost zero off completely after smoking stops. “Based on our results, it is possible for [outdoor tobacco smoke] to present a nuisance or hazard based on wind and smoker proximity.”

So, if you stand downwind from a smoker in a strong wind, you might inhale some serious smoke. Of course, if you’re not a smoker and actually spend that long in the path of their puffs, can the government really save you from yourself?

Of course, there’s only so much that one study can show. If you want another opinion, look to a study conducted at the University of Maryland at Baltimore, which found similar results but noted that the affected area of air can increase if there are a group of smokers.

Now look at the Pennsylvania State System campuses. When smokers were told rather abruptly via e-mail that their license to smoke on campus had been revoked, many went into outdoor, public areas and protested the only way they could — by lighting up. In one specific protest at Clarion, around 60 people gathered and smoked in open defiance of the ban. If we are to believe the studies, this actually posed a greater nuisance and hazard then the usual secretive acts of vigilante pollution!

Except that it’s hardly reached the level of legitimate issue of public health. Although there are an increasing number of studies proving that outdoor tobacco smoke can be a nuisance, I doubt we’ll see anything in the near future claiming that outdoor tobacco smoke has claimed the lives of thousands. Yes, I’m willing to admit that indoor secondhand smoke is a public health hazard and sometimes I vacillate on whether a ban is appropriate. But if you’re going to step on an individual’s freedom to smoke in the open air, you better prove it could do some serious harm. And while you’re at it, show me that it’s more dangerous than emissions from surrounding coal plants, industry and automobiles.

Because if those who wish to protect the public don’t back up these claims, then it makes the enforcement these campuses have chosen seem all the more ridiculous.

That’s because a police officer will never stop a student and cite him for smoking or even squelch his butt of resistance. Instead, those innocent bystanders who are assailed by devilish wisps of smoke are told to contact the health department to report the individual. Aside from the fact that this move is completely unenforceable — Marshall admitted, “I don’t think there will be any citations issued,” — it may force students to actually rationalize their objection.

Obviously, they’re going to have to approach the individual to jot down their name and report them — unless the health department has a rapid response crew on hand. But if they try to simply ask the smoker to put out their cigarette, they’re going to have to explain to that smoker why his decision to pollute his lungs is overridden by the miniscule possible effect it might have if someone walks within seven feet of that smoker.

And maybe once that conversation starts, all the anti-smoking advocates will see where the line between public health concerns and common sense lies.

Jason Smathers ([email protected]) is a senior majoring in history and journalism.

Have a thought? We welcome your input, but please be polite and stay on topic wherever possible. Your comment may be deleted if it is inappropriately off topic or promotional or if it is unnecessarily rude or contains personal attacks. We may delete comments for other reasons as well. Just keep it simple and focus on your points as respectfully as possible.

We allow and encourage comments employing satire, wit and irony to make points. Do not flag comments just because you disagree. Flagged comments will be immunized from further flagging unless they stray far from the guidelines and do not add to the discussion. Before flagging a comment you think is offensive, consider your time might be better spent rebutting it than censoring it.

blog comments powered by Disqus

9 older comments

user-pic

Great article. Another example of our movement toward a nanny state.

user-pic

It only takes one SMALL breathe of those 4000 toxins and over 100 poisons to make me SICK!

I get pressure on my temples, tunnel vision, a migraine, and nausea when I get even a small whiff of cig smoke.

Since they made smoking INSIDE bars illegal in Madison, I can’t eat outside! I can’t enjoy the outdoors, or even walk down state street. I am restricted to indoors now, while the people using the drug get to enjoy the sun… I think it’s bullcrap!

If you want to smoke a drug like tobacco, with all of those poisons added… DO IT IN YOUR OWN HOME!!!

user-pic

Jason,

So, carrying your column a bit further than you’ve ventured to go: where exactly does that line between public health concerns and common sense lie? I’ll note that no one, not the advocates or even the most hard-line of the health advocates, is advocating an ordinance for outdoor air. What we’re looking for is an ordinance for all indoor workplaces and public buildings, to protect not only the public who patronizes bars, restaurants, etc., but also the employees who make their living there. Advocates believe people shouldn’t have to choose between their health and a job. Your column makes clear your indignation about a ban somewhere in Pennsylvania. What do you think about the ban proposed in Wisconsin? A ban, like the city of Madison has, where all public indoor smoking is banned? My line is there. Not “nanny” government, government that protects its citizens. Just like toxic sludge from corporations or nuclear waste from a power plant, second-hand smoke kills. I think our government should protect its citizens.

user-pic

10:05: You, apparently, should stop allowing yourself to be around roads, and stay the hell away from Willy St. and Spring St. Incessant pissing and moaning make me sick. Whatever happened to live and let live, life has dangers and if you don’t want to face them, you should go and be a scared-of-life pansy in your own home? Get off your high horse, or I will have to projectile vomit in your face. This asshattery is giving me a migraine.

Isn’t it ironic that the heavy-handed, authoritarian fun-police smoking ban, which I assume you would have supported, is now taking the sunshine away from you? Ha. Hahahahahahahaha. Ha.

I’m allergic to the pollen in many people’s cheap-ass Walgreens “perfume.” Do you hear me bitchin’? Nope, I get some Claritin and a box of Kleenex and keep on truckin’. Like a reasonable, decent, flexible person who realizes they are not the only person in the world and that others have different preferences. And that’s ok.

Do you know that smelling sweet, appetizing smells make your blood sugar spike? What does this do to diabetics? Down with bakeries!

11:53: Where does the line between public health concerns and common sense lie? At the line between public and private sector. Since the air cannot be owned by anyone, it is safe from the long dick of the law. (Certain crypto-fascists may disagree there, but I’ll let that one slide. I’m easy-going like that.) What the mommy-government people don’t seem to realize is that a lot of people who work at bars where you used to be able to smoke chose those jobs in part because they could smoke there. Does no one remember the Bennett’s ad, where they announced that 100% of its employees were smokers and they just wanted to be left alone? They don’t want to shake, become a complete bitch, and get fat! Especially not at work! If you don’t like those places, don’t. go. there. “But all my friends go there!” you say. Well, it’s time to meet some namby-pamby, uptight kindred souls, my friend. Or just chill the f out. Or stay home.

A nanny/mommy/daddy government is one that protects its citizens from themselves. A responsible, ethical government is one that treats its citizens like adults and protects them from real, actual, significant threats.

And why is no one, on this rare occasion, playing the race card? Why does the cigar bar get an exemption but the hookah bars get nothing? Hmm?

user-pic

Someone just needs to decide if smoking should be legal or illegal. If the justification to protect the health of people from smoking is so strong, why not just make cigarettes illegal? Well, except the money from future tobacco settlements that the state of Wisconsin used to balance the budget this year won’t be available…

user-pic

Please publish me? I realize I’m passionate, but isn’t that what you’re looking for?

user-pic

I didn’t know that in Madison the word smoker means pussy.

To quote the great Ahnold.

“Stop whining”

user-pic

Jason,

Thank you and keep digging…Captain Obvious Alerts will show up non-stop in every state/city/county/unincorporated SmokerBans. (such as the Dane CO SmokerBan-no tobacco products of any kind, again, as Madison did in theirs.)

One of the anonymous statements of the terrible physical reactions to “smokers” - I believe this will occur in that delicate flower if they even SEE a smoker, much less smell them.

the “next logical step” is never far away.

Capri

user-pic

I totally aggree with the poster that mentioned perfume. I think perfume should be banned in public places as I get a migraine from smelling that stinky crap you non-smokers wear to cover up the fact that you’re too lazy to take a shower. Give me a break people there’s just going to be more and more the government is going to ban. The we might as well just move to Russia or China and let the government run our lives completely. I went to the race track last night and low and behold no more smoking there! (new PA smoking ban) We are all sitting there breathing dirt, car emmissions, etc etc but don’t you dare light up a cigarette, it might hurt somebodies lungs!! Bull sh*t!!!!!!!

Donate