The Right to Breathe

 

By Nikolaus Hoyt

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

            Thousands of poisonous chemicals are being forced into your lungs and bloodstream.  This is what happens every time you go into a public place and people are smoking.  Smoking should be banned in public places.  Some people believe that smoking in public is their right well, what about the rest of our right not to ingest these chemicals into our bodies.  Public areas would be much cleaner for us all without the smell of smoke and unsightly cigarette butts strewn about.  Businesses would be able to be much more productive without their employees puffing down cigarettes instead of working.

            To many people smoking when they are out is their “American right”.  When I read the rights of Americans in our constitution, I see their rights ending where they violate someone else’s, like my right to breathe clean fresh air.  In D.A.B.E., Inc., v. Toledo-Lucas County Board of Health, the Supreme Court of Ohio held that the Ohio Reserved Code does not grant a local board of health the power to proscribe smoking in all public places as defined by the Lucas County Regional Health District Clean Air Regulation (1).  This means that the Supreme Court of Ohio said it is not the right of the Board of Health to determine that it is unhealthy for customers in public areas to breathe second hand smoke.  Why do we have Boards of Health if they can’t decide that something is unhealthy for the general public?

            California and Delaware have banned smoking in virtually all restaurants and bars (2).  Smoking is prohibited in restaurants in Maine, and voters in Florida recently approved a constitutional amendment that will do likewise (2).  What does this mean for local businesses in these communities?  It means cleaner and safer establishments for their patrons.  Businesses, especially restaurants, don’t appeal to me if all I can smell is smoke, and all I can see is a cloud when I walk in.  Cleaner environments in businesses mean a safer experience for the millions of consumers who choose not to smoke.

            The government setting regulations for a ban on smoking would help many businesses with people taking excessive smoking breaks.  Many businesses, including the one I work at, have many smokers employed there.  Conflicts occur often when employees sneak in a quick smoke in the bathroom while working.  Why should businesses have to pay employees to sit in the bathroom and smoke every 15 minutes?  If businesses were able to fine people for smoking in their buildings, it would be much easier for them to crack down on these behaviors.

            Many people would argue that it is a violation of their constitutional rights to force them to not smoke in public.  They say it is not the American way to ban people from their freedom to do as they please.  I say that these people have severely misinterpreted these laws.  These laws were written to give people many rights, but these rights end when they infringe on someone else’s constitutional rights.  I want my right to breathe fresh air.

            Banning smoking is good for public health (3).  This is the title of an article in USA Today.  Good for public health because it allows all of us who choose not to smoke our right to fresh clean air.  Good for public health because it eliminates all the contaminates and odors from our public buildings.  Good for public health because it helps businesses keep their non-smoking employees and customers from being forcefully exposed to these chemicals.  Smoking should be banned from public places, and if the legislation comes to your area I suggest you weigh these arguments when you ask yourself; Do I want my children breathing in smoke because someone else feels it is their right to smoke in public?  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Works Cited

(1)   “Banning smoking is good for public health.” USA Today Jul 2003; pg.7

(2)   Foulkes, Arthur E. Ideas on Liberty. 53 (Jul/Aug 2003): pg. 38.

(3)   Italy bans public smoking” The Grand Rapids Press 22 Dec 2002: A-17         

(4)   Lockner, Sam.  The Journal of Law, Medicine & Ethics. 31 (Spring 2003): pg. 163

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