Second-Hand Smoking Laws

According to a publication by the World Health Organization in 2009, tobacco use causes the death of more than 5 million people per year. This is more than the death toll caused by HIV/AIDs, tuberculosis and malaria combined. One in 10 tobacco-related deaths is caused by second-hand smoke. Many states in the United States have implemented laws to create smoke-free environments and protect people from second-hand smoke.

100 Percent Smoke-Free Laws

• Many states and commonwealths in America have implemented 100 percent smoke-free laws to reduce second-hand smoke in public places. The following states do not allow smoking in any workplaces, restaurants or bars, including separately attached ventilated rooms: Arizona, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New York, Ohio, Oregon, Puerto Rico, Rhode Island, Utah, Vermont, Washington and Wisconsin.

  Some states have compiled smoke-free laws which were signed by the government, but were not yet in effect in 2010. South Dakota passed a smokefree workplace law effective from July 1, 2002, and a smokefree restaurant, bar and gaming facilities law, which was to go in effect on July 1, 2009, but has been suspended due to a referendum. The deciding vote is to be held in November 2010. The U.S. Virgin Islands passed a smoke-free law for all workplaces, gaming facilities, restaurants and bars, scheduled to go into effect in 2011.

Workplaces

• People who spend eight hours per day or more in a workplace where smoking is allowed are most at risk of suffering from the consequences of being exposed to second-hand smoke. It is possible to avoid public places which allow smoking, but employees usually have no control over their working environment. Twenty-four states and more than 600 municipalities have recognized this danger by 2010, and passed 100 percent smoke-free laws in workplaces and, in many cases, employer vehicles to protect workers from second-hand smoke.

Children

• Anti-tobacco organizations have also convinced states to pass laws to protect children from second-hand smoke in private places like homes and cars. Children exposed to second-hand smoke have an increased risk of respiratory diseases and sudden infant death syndrome.

  Texas laws prohibit smoking in foster parent's homes and in vehicles when children are present. According to USA Today, in 2006 at least six other states and several counties also prohibited smoking around children. Vermont and Washington prohibit foster parents from smoking around children in their homes and vehicles. Arkansas and Louisiana prohibit anyone from smoking in vehicles carrying young children. Courts often order smoke-free environments for children in question in custody and visitation disputes.

Restaurants and Bars

• Older laws allowed smoking in restaurants, on the condition that the restaurant provided a nonsmoking section with separate ventilation. The smoking section was not to exceed 40 percent to 60 percent of the overall seating area. Anti-smoking activists argued that restaurants are also workplaces and, by 2010, 28 states and 626 municipalities in the United States had 100 percent smoke-free laws in effect to clear restaurants and attached bars from second-hand smoke.

  Bars are traditionally considered a refuge for smokers, who advocate that drinking and smoking go hand-in-hand. A bar worker's exposure to second-hand smoke is however greater than that of most other employees. The national norm is now to make all bars smoke-free---23 states and 493 municipalities have passed laws requiring 100 percent smoke-free bars.

Casinos, Gaming Venues and Clubs

• Although the hazards of exposure to second-hand smoke in casinos, gaming facilities and clubs are just as great as anywhere else, this industry have fought anti-smoking laws fiercely. The argument is that prohibiting smoking in these facilities might cause their treasured customers to stay away. Many states have laws in effect to create smoke-free casinos, clubs and gaming facilities, but some venues are situated on tribal lands which fall beyond state jurisdiction. Indian tribes, however have started to adopt smoke-free jurisdiction in commercial places.

Public Places

• Smoking is restricted in most enclosed public places in the United States. Older laws made provisions for smoking and nonsmoking sections in public places, but most new laws totally prohibit smoking in these areas to protect people from second-hand smoke. "Public places" generally defines buildings and facilities that are open to the public, such as theaters, museums, arenas, health-care facilities, etc. Restaurants and bars are also considered public places, but in some cases have separate provisions in the law.

Nursing Homes and Hotels

• Private rooms in nursing homes are considered residences. This exempted these places from smoke-free laws at one time, but states have started to pass laws to protect health-care workers from second-hand smoke. Some laws however allow residents to keep smoking as long as they stay in their rooms.

  Hotels and motels are required by smoke-free laws to have a certain percentage of nonsmoking rooms, generally between 50 and 80 percent. Some locations' laws have now changed to require 90 percent nonsmoking rooms or even prohibit smoking in all rooms.

Outdoor Areas

• Most laws prohibit outdoor smoking near entrances, windows and ventilation intakes. Some states and local laws prohibit outdoor smoking at certain outdoor venues, especially where a lot of people tend to gather, where it gets hard to avoid second-hand smoke. Smoking laws often prohibit smoking in parks, beaches, playgrounds, transit stops and service lines.