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Alternatives to Smoking Bans

Since the early-2000s, several states have instituted policies that ban smoking in bars, restaurants and other public places. These laws, while enacted to help promote public health, are not without controversy. Businesses may complain of lost income because customers who smoke are staying at home, while civil liberties groups may see smoking bans as an infringement on personal rights. There are several alternatives to smoking bans that communities can consider.

  1. Smoking Permitted

    • The most radical alternative to a smoking ban would be to permit smoking under all circumstances. This policy would leave the decision of whether or not to allow smoking to individual business owners. Smoking and non-smoking institutions could set policy and compete for business based on their perceived customer preferences.

    Allowing Exemptions

    • Another alternative to an outright smoking ban would be to allow exemptions. Under this sort of policy, a smoking ban would remain in effect but businesses that report a significant drop in sales since the ban went into effect could apply for an exemption and, if approved, once again allow smoking. An exemption policy has the advantage of still banning smoking in the majority of places, but allowing it in cases where it proves to be the cause of economic hardship.

      Another kind of exemption policy, which is common today, allows businesses like cigar bars and tobacco shops to allow smoking. These businesses must be able to prove that they earn a significant portion of their income from tobacco sales in order to qualify for the exemption.

    Smoking Sections

    • The use of distinct smoking and non-smoking sections is an alternative policy that is still in place in some states and was the law in others before a smoking ban took effect. This policy requires restaurant and bar owners to construct designated smoking sections, which usually must feature separate ventilation systems so customers in the non-smoking section don't experience the recycled air from the smoking section.

      A policy that lets businesses have designated smoking sections may include a provision that potential employees be made aware of the policy. If the owners are required to warn employees about the need to work in a smokey environment, those employees can make more informed decisions about where to apply for a job.

    Smoking in Bars

    • Finally, one policy that lawmakers have proposed in some cities or towns involves allowing stand-alone bars and clubs to permit smoking, while restaurants or other establishments remain restricted, even if they include a bar. This policy is focused on protecting children, who could be exposed to secondhand smoke at a sporting event, restaurant or other public place if smoking was allowed in a nearby, unenclosed bar area.

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