Your right to breathe clean air

Often times we are forced to breathe in secondhand smoke from a neighbor, a passerby on the street, or while alfresco dining at your favorite outside eatery. This secondhand smoke is not only a nuisance but also harmful to your health. So how can you avoid these interactions and what are your rights?

First and foremost, everyone has the right to breathe clean air. In some areas of the country, laws have been passed on the local and state level to help you breathe cleaner air. But unfortunately, this is not universally enforced.

State Laws and Regulation
All 50 states and the District of Columbia have laws/policies restricting smoking in certain places. These laws range from simple, limited restrictions, such as requiring designated smoking areas in government buildings, to laws that prohibit smoking in virtually all public places and workplaces. Nineteen states - Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Ohio, Rhode Island, Washington and Vermont - as well as the District of Columbia prohibit smoking in almost all public places and workplaces, including restaurants and bars. Montana and Utah prohibit smoking in most public places and workplaces, including restaurants; bars will go smoke free in 2009. New Hampshire prohibits smoking in some public places, including all restaurants and bars. Four states - Florida, Idaho, Louisiana and Nevada - prohibit smoking in most public places and workplaces, including restaurants, but exempt stand-alone bars. Fourteen states partially or totally prevent (preempt) local communities from passing smoke free air ordinances stronger than the statewide law. * Nebraska and Oregon have passed legislation prohibiting smoking in almost all public places and workplaces, including restaurants and bars, but the laws have not taken effect yet. 1

Many state and local governments have passed laws prohibiting smoking in public areas, such as schools, hospitals, and shopping malls. For up to date information on your state, you can check out the Center for Disease Control and Prevention (CDC) State Tobacco Activities and Evaluation (STATE) System website. http://apps.nccd.cdc.gov/statesystem/

Legal Rights

Nonsmokers who live in areas where legislation does not adequately protect them from secondhand smoke can utilize other legal recourses to find protection. Unfortunately, pursuing this strategy usually requires finding an attorney who is willing to represent you. Some attorneys may be willing to accept your case on a contingency basis, in which they will only be paid in the event that you win your case. However, knowing that there are precedents in favor of nonsmokers may be enough to persuade employers and business owners to voluntarily adopt policies that protect nonsmoking employees and customers. Employers in particular are becoming more and more susceptible to liability for not providing a smokefree workplace and should be willing to do whatever it takes to avoid such liability. Legal rulings on smoking issues are mixed, but ANR can provide a more complete description of actual cases for you or your attorney. The following are examples of legal remedies that nonsmokers have used to obtain protection from secondhand smoke.3

1. American Lung Association State Legislated Actions on Tobacco Issues (SLATI) Overview. Last Updated October 27, 2008.
2. National Toxicology Program. Report on Carcinogens. Eleventh Edition. U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program, 2005.
3. Americans for Nonsmoker's Rights