Smoking ban in apartments is ridiculous

I don’t want to live with someone who smokes, but I’ve never been bothered by a neighbhor who smokes.

Calabasas, California has banned smoking in any place people might gather, including outdoor businesses and parks. They have even banned smoking in your own apartment! They say the second hand smoke might seep out windows or doors and annoy neighbors. Check out the the official city website. Reason.TV has an interesting video about the subject.

7 Replies to “Smoking ban in apartments is ridiculous”

  1. I agree with you completely, but I just have to play Devil’s Advocate ;-) What’s ridiculous about the ban? If a majority in a community (or a majority of the community’s representatives) votes to outlaw smoking (or anything else for that matter), shouldn’t they get to do that….even if a minority objects to the ruling?

  2. …”but I’ve never been bothered by a neighbor who smokes.”

    You’ve been lucky as we were. For our entire adult lives we were never bothered by neighbors smoking.
    We never lived in a single “smoke free” building, but it never mattered because we were lucky enough to have decent neighbors.

    Then the new tenants moved in.

    They smoke in the hallway,
    They smoke in the laundry room.
    They smoke on the shared porch.
    They chain smoke, about 2 packs a day.
    They smoke within about 2 feet of the window of a toddler.

    So we are inundated, every day, with great clouds of secondhand smoke. All that smoke goes straight into the building as soon as someone opens a door…..Whoosh, now it’s hanging over the baby’s crib.
    Can you imagine the anxiety of that poor child’s mother?

    A decent person would move their smoking if they knew they were harming an infant’s health. But not these smokers. They stick their chin out and say, “I have an absolute right to smoke here.”

    And the landlord can’t do much. It’s not illegal, just immoral. He can’t evict them for smoking; and lacking a law to clarify this, he just doesn’t want to get in the middle between smoking tenants and non smoking tenants. So he does nothing.

    It’s smokers like this that force us to pass a law.
    Most smokers are decent people of good will and intentions. But it’s the bad apples that always spoil the whole bunch.

    For the record, I do not agree with banning smoking in outdoor, unenclosed, roofless public places like the park. Or sillier yet,banning smoking inside your own apartment. (I don’t think that will hold up constitutionally, do you? At least I hope it doesn’t.)

    Thank you for reading, and seeing another side of it.


  3. I agree to submit to laws enacted by a democratic majority, but if I can confine my smoke to my apartment It does no one any harm. I heard that if you live with a smoker your chances of getting lung cancer go from like 0.1% to like 0.13%. You still have a very small chance. If you live next door to a smoker I’m sure the increase in risk is even smaller. It is a nuisance like a loud stereo or too much cologne, but the danger to our health has been exaggerated.

  4. The US was set up to prevent the tyranny of the majority over the minority. That’s why tiny states like Rhode Island get just as many senators as big states like California. Unjust laws are unjust whether the majority wants them or not.

  5. Dedwarmo, your submission to laws enacted by a majority says nothing about the nature of the laws themselves. My question is, why is the ban ridiculous?

    Is it because, as Perry correctly points out, there are some things that the majority should not be allowed to enforce on the minority? If so, does this particular action qualify as such a case of tyranny?

  6. With the exception of the Senate, where each state has an equal number of Senators, I am not aware of any other way to prevent a tyranny of the majority. I only think the law is ridiculous because I want all people to be free to do as they please as long as they don’t bother any one else. I just think that smoking inside one’s apartment is very unlikely to bother others.

    I don’t think the law should prohibit smoking in your apartment. It should prohibit being a nuisance.

  7. You’re right, there is no foolproof way of preventing tyranny of the majority, but the U.S. Constitution was written to make it difficult. The constitution is intentionally made very difficult to change, and that difficulty will prevent the whims of the majority from being imposed on a minority. It won’t prevent their determined, concerted efforts, but it will prevent their whims.

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