Tobacco and the Law

The use of tobacco has never been eliminated from any country or major culture into which it was introduced. This is noteworthy since efforts to control the use of tobacco were equal to those used to control other forms of behaviour such as crime and religious sin. Opposition to tobacco use took a variety of forms. Surprisingly, severe and immediate punishment proved no more effective in halting smoking than current fears of long-term health consequences.

Rulers came and went, but tobacco remained. Later, governments underwent a conversion of sorts, prompted primarily by the realization that tobacco was an excellent source of revenue - derived either from customs dues (such as those introduced by Cardinal Richelieu in France in 1629) or from the sale of monopolies to deal in tobacco goods. Bohemia was fortified in 1668 with money derived from the tobacco trade, and the Emperor Leopold of Austria used tobacco revenue to finance elaborate hunting expeditions. The scale of tobacco revenue is regarded by many as under-lying many governments' half-hearted endorsement of the anti-tobacco cause.

Smoking Prohibiting

As a result, smoking was strictly forbidden, and anyone breaking the law could be arrested and punished by fine, imprisonment, or physical punishment. The reference to the rights of nonsmokers is echoed in the recent campaign to have greater restrictions placed on public areas in which smoking may take place.

Pope Urban VIII issued a formal decree against tobacco in 1642 and Pope Innocent X issued another in 1650, but clergy as well as laymen continued to smoke. Bavaria prohibited tobacco in 1652, Saxony in 1653, Zurich in 1667, and across Europe. In Constantinople in 1633 the Sultan Mural IV decreed the death penalty for smoking tobacco. Wherever the Sultan went on his travels or military expeditions, his stopping places were frequently marked by executions of tobacco smokers. In spite of the horrors and insane cruelties inflicted by the Sultan, whose blood-lust seemed to increase with age, the passion for smoking persisted in-his domain.

The first of the Romanov Czars, Mikhail Feodorovich, also prohibited smoking, under dire penalties, in 1634. "Offenders are usually sentenced to slitting of the nostrils, beatings, or whippings," a visitor to Moscow noted. Yet, in1698 smokers in Moscow would pay far more for tobacco than English smokers, "and if they lack money, they will sell their clothes for it, to the very shirt."By 1603 the use of tobacco was well established in Japan and an edict prohibiting smoking was pronounced. Finally, in 1612 it was decreed that the property of any man detected selling tobacco should be handed over to his accuser, and anyone arresting a man conveying tobacco on a pack-horse might take both horse and tobacco for his own.

Yet in spite of all attempts at repression smoking became so general that in 1615 even the officers in attendance on the Shogun used tobacco. Finally, even the princes who were responsible for the prohibition took to smoking. Tobacco had won again. In 1625 permission was given to cultivate and plant tobacco. By 1639 tobacco had taken its place as an accompaniment to the ceremonial cup of tea offered to a guest.

Legislation and Taxation

Scandinavian countries, which have the highest tobacco taxes, have the lowest per capita use of cigarettes. Since much of the price reflects the tax on tobacco, it can be seen that heavy taxation does reduce the use of tobacco. More recently, "clean air" or "public smoking" legislation has been passed which restricts the use of tobacco in many public places. Most of these laws require certain kinds of places, such as restaurants, to maintain separate smoking and non-smoking areas for their patrons. While such legislation has been passed to protect nonsmokers from involuntary intake of tobacco smoke, it is also seen by some as a restriction on the freedom of smokers to smoke where and when they please. The proponents of clean air ordinances argue that exposure to tobacco smoke endangers health and well-being. They claim that the right to smoke has neither amoral nor constitutional basis.

The controversy is probably a healthy one even if smoking is not. Certainly, freedom should be protected. As was shown earlier, the evidence that smoking is a specific cause of death and disease is strong, much stronger than the data accepted as sufficient to eliminate lead from petrol, asbestos from building materials, and PCB's from water supplies.

Complying With State Laws - No Smoking Signs

Issues of safety and complying with federal and local laws are the main reasons for public signs. Businesses that are located in malls, shared buildings or freestanding locations need to display the right kinds of signs as reminders to visitors of what they are and are not allowed to do.

No smoking signs are more important today than in the past due to nationwide laws regarding clean air in public areas. Secondhand smoke is nearly as detrimental to a person's health as the one smoking the cigarette. Children and other people who wish to not be exposed to tobacco have the right to that desire. No smoking signs fit into the category of fire signs. In some cases, smoking may not be allowed due to flammable hazards nearby.

The sign would then serve as a warning to potential smokers. In this situation, an addendum may be wise to have placed at the bottom of the sign. Unfortunately, in this rebellious world, many people ignore no smoking signs and light up anyway. By including an addition on the sign that indicates the presence of flammable material, the likelihood that people will not ignore the sign increases.

In most other cases, however, no smoking signs are present due to state laws regarding clean air in public places. Of course, people can smoke on their own property and in their own cars if they want, but keeping indoor air of public areas is very important today. Many restaurants around the country do not even have smoking and non-smoking sections anymore. Business owners and proprietors must ask visitors to their stores to comply with the local and federal laws by requiring that no one smoke within a designated number of feet from the entrance to the store, usually 25 feet.

There is not a specific standardized sign for no smoking, but there is a recognized symbol. The pictogram of a lit cigarette with a classic, red "do not" symbol over it is the icon generally present on no smoking signs. Some are basic, with only the symbol and the words "no smoking," while others take the space to explain why smoking is prohibited in that given area. To provide the best comprehension to the greatest number of people, bilingual signs are available stating the rule in both English and Spanish. Displaying signs is important to let people know what they are and are not allowed to do.

The new smoking law in South Africa

According the World Health Organisation (WHO) tobacco kills half of those who use it and it estimates that about 700 million children or almost half of the world's children inhale air polluted by tobacco smoke.

The new South Africans laws strengthen existing legislation on smoking in public places, regulating the manufacture of tobacco products, the marketing of tobacco products to avoid making cigarettes appealing and require new pictorial health warnings on tobacco packets.

Some changes in the law with immediate effect, include:

    * An increase in the fines for smoking or allowing smoking in a non-smoking area. The fine for the owner of a restaurant, pub, bar and workplace that breaks the smoking laws is now a maximum of R50 000, and for the individual smoker R500.

    * No smoking in 'partially enclosed' public places, such as covered patios, verandas, balconies, walkways and parking areas.
    * No smoking within 5 metres from all entrances.

    * Young children will be better protected from the harms of second hand smoke, like asthma, wheezing, or bronchitis:

Adults may not smoke in a car when a passenger under 12 years is present.

Smoking is not allowed in premises (including private homes) used for commercial childcare activities, or for schooling or tutoring.

No person under 18 may be allowed into a designated smoking area. The practice of parents taking babies into smoking areas of restaurants is outlawed.

    * The tobacco industry can no longer hold 'parties' or use 'viral' marketing to target young people. Although tobacco advertising was banned in 2000, the cigarette companies found other ways to promote cigarettes. It used the Internet, SMS and '"buzz" or "viral" marketing to get its messages to teenagers. In viral marketing, cigarette company reps go with a trunk-full of cigarettes to clubs, discos, coffee bars, college campuses and invite teens to parties, pop concerts or a major sporting event, at which they are lured into smoking.

    * The sale of tobacco products to and by persons under the age of 18 years is prohibited, as is the sale of confectionary or toys that resemble tobacco products.

    * Cigarette vending machines must sell tobacco products exclusively and cannot be used to sell other products like crisps and chocolates. The vending machines can only be located in areas to which minors do not have access.

Further changes in the law will come into effect later this year, because the Ministry of Health is still finalising regulations. These include:

    * The use of picture-based health warnings on tobacco packaging. This will provide customers with truthful and vivid information about the harms of tobacco use in a way they can understand.

    * Pollution from tobacco smoke will be further reduced by restricting smoking in certain outdoor areas. Smoking will be moved away from entrances to buildings and smoking will be restricted in sports stadia, railway platforms, bus stops and al fresco dining areas. This means smoking at football, cricket, rugby and other sports stadiums will be regulated.

    * The introduction of cigarettes which self-extinguish, thereby reducing the risk of fires. Cigarettes cause about 5% of all fires in South Africa.

    * The terms 'low-tar', 'light' and 'mild' will be prohibited. Such labels suggest that 'light' cigarettes are less harmful than regular cigarettes, when they are not. Smokers who switch from 'regular' to 'light' cigarettes do not reduce their intake of tar or nicotine, or the risk of disease.

    * Regulate the chemicals that can be added to tobacco products and require tobacco manufacturers to disclose the harmful additives used in the manufacturing process.

The National Council Against Smoking (NCAS) has welcomed the new legislation as one that "will have dramatic, important and far-reaching effects on public health and the tobacco industry's marketing activities."

NCAS director Dr Yussuf Saloojee said only 22% of South Africans smoked while four out of five people (78% adults) did not smoke and did not want to be exposed to tobacco smoke in public places.

"Smoking remains a leading cause of premature, preventable death in South Africa. Tobacco kills 44 000 South Africans every year (three times more than motor car accidents). Our efforts to reduce the death toll will be helped by the new legislation," said Dr Saloojee.

Other important efforts are being made by one local company that has introduced a much needed outdoor ashtray solution.

Ban Smoking in Public Places

Some businesses say that no one can smoke cigarettes in their offices. Some government has banned smoking in all public places. This is a good idea though it takes away some of our freedom, for it does great good to all people and the whole society.

As we all know that smoking is harmful to the health. But today more and more people smoke. The phenomenon has already become a serious public hazard. We should appeal our government to make relevant laws to control it. In my opinion, people must be prohibited from smoking in the public. If one violated the relative rules, they should be fined heavily.

There are three reasons, at least, for it. First and foremost, smoking can damage the environment our live now. The condition is very bad now. Smoking contributes to the decline of our environment. What is more, the smoking can hurt other people's health. For instance, sitting beside the smoker, a nonsmoker draw more smoke. Even though the nonsmoker doesn't smoke, after having drawn beside a few hours, the nonsmoker's health must be hurt. In this way, everyone can be hurt. If only smoking cannot be banned in public. Finally, smoking also can damage smoker's lung. If our government makes the relevant laws, the number of the smokers can reduce immediately. At some point, the health of smoker can be reserved.

To conclusion, smoking should ban in public as quickly as possible. For smoker, it is better for them to quit this bad habit.

Tougher Tobacco Laws Take Effect

Tobacco is a killer and new laws are being implemented to prevent the nation's youth from becoming the latest statistics of the killer. After a year of waiting, President Obama signed the bill with the intent of curtailing tobacco use in the young and to educate consumers on the drug. The law officially went into effect on June 22, 2010 and include the following three active provisions:

    * New limitations regarding the sale, distribution and marketing of tobacco products to those under age 18
    * Rules that limit the misleading language on cigarettes and smokeless tobacco products such as light," "mild," or "low"
    * The law requires better labeling methods on smokeless tobacco products.

For decades, tobacco use has been a major contributor to the nation's mortality statistics. The Centers for Disease Control and Prevention estimates that smoking causes nearly 1 of every 5 deaths (nearly 443,000) of the countrys annual death toll. Additionally, smoking increases the risk of contacting numerous diseases including:

    * Coronary heart disease by 2 to 4 times
    * Stroke by 2 to 4 times
    * Men developing lung cancer by 23 times
    * Women developing lung cancer by 13 times
    * Dying from chronic obstructive lung diseases by 12 to 13 times

According to the Surgeon General, tooth decay is the most common chronic childhood disease and the new tobacco laws may also have a positive affect on that statistic. Smoking and smokeless tobacco products are major contributors to several oral care issues such as tooth decay, mouth cancer and tooth loss. Although these problems may not occur immediately in the youngest tobacco users, over time constant use will increase their risk of developing health issues associated with the behavior.

If you are parent concerned about your children smoking, the best move is to lead by example and stop smoking yourself. Visiting your dentist can be the first step in breaking the habit. The American Dental Association (ADA) "offers a variety of materials and information designed to help dentists assist patients who want to quit tobacco and prevent youth tobacco use." A discount dental plan can help offset the expenses associated with the visit and will be a valuable tool to ensure the continued oral health of both you and your loved ones.

Smoking In Public Places

Smoking is an outright public nuisance, which should be restricted to the privacy of ones home or other private venues. However, smoking in public places is a privilege that should be snuffed out for good. Smoking is one of the longest lasting bad habits that has permeated American culture since the founding of the country. Its longevity is a testament to its addictiveness.

From the very beginning, smoking was a controversial habit, which was frowned upon due to its addictive nature. One of the original English settlement companies, The London Company, discouraged its American colonists from growing tobacco since it contained some habit-forming compound. Smoking was called "a vile and stinking habit dangerous to the lungs" by King James I in a booklet he wrote attacking tobacco after its introduction into England.

Smoking brings out the worst in otherwise decent people. When a smoker is asked to extinguish their cigarette because the smoke offends a non-smoker, many smokers will argue that they have a right to smoke. There is no truth to that statement. Smoking is a privilege, not a right. However, the Declaration of Independence does say that we have a right to Life, Liberty, and the pursuit of happiness. It has been proven that cigarette smoking is an extremely dangerous habit to both the smoker and non-smokers that inhale their second hand smoke. Anything that endangers a persons health, infringes upon that persons right to life as guaranteed by the Declaration of Independence. Therefore, a persons' right to life is superior to a persons smoking privilege.

There are many reasons that smoking in public should be banned. One of the most important reasons is that smoking is a public health risk. Second hand smoke is sometimes referred to as environmental tobacco smoke. In years past, there were theories that second hand tobacco smoke caused health problems in non-smokers. Doctors now say there is no doubt that second hand smoke causes an increased risk of health problems to non-smokers. Ross Brownson, Ph.D., a professor of epidemiology at the St. Louis University School of Public health says, "Environmental tobacco smoke is clearly a cause of lung cancer in nonsmokers. If your spouse smokes or you are around somebody who smokes, don't breathe their smoke". Non-smokers may also be getting the worst effects of smoking because they are inhaling cigarette smoke without the benefit of the cigarettes filter.

Second hand smoke greatly increases the risk of bronchitis and lung cancer. In fact, smoking is the cause of ninety-five percent of all cases of chronic bronchitis. In the Department of Health and Human Services report Healthy People 2010: Understanding and improving Health smoking is cited as the single most preventable cause of disease and death in the United States. According to Dr. Peters-Golden, breathing second hand smoke can increase the likelihood of acute bronchitis because even one exposure to cigarette smoke poisons the cilia in a persons lungs.

Since it has been proven that environmental tobacco smoke can cause health problems such as lung cancer and bronchitis in non-smokers, banning smoking in public places would lessen the rates of those illnesses in the non-smoking population. If these non-smokers were not endangered by second hand smoke, they would not contribute to the strain on an already stressed health care system.

The tobacco smoke that lingers after a cigarette has been lit can cause damage to property. Smoke can dull paint, ruin pictures, and cause photographs to deteriorate. If a person who chooses to smoke wants to destroy their own property, that is their choice to make. However, smokers do not have the right to destroy public property, to which all taxpayers contribute.

Wherever there is public smoking there is always the very public and unsightly mess of cigarette butts that litter the ground. At many public places such as stadiums and parks there can be hundreds of used cigarettes on the ground. In many locations, tossing discarded cigarettes on the ground is against the law. Apparently, many smokers do not care about the law and toss their used cigarettes on the ground with impunity.

Clearly, smoking is a scourge upon our society that needs to be eliminated. In many cases, smoking is a social habit. Bans on public smoking will greatly reduce the amount of social places where smokers can meet, socialize and smoke. Banning smoking in public places would not only clean the air of second hand tobacco smoke, but also clear the ground of the infestation of discarded cigarettes.

Argument For Legislation Limiting Children's Exposure to Second Hand Smoke

Children and infants are especially susceptible to the effects of second hand cigarette smoke. This is because young children their lung capacity as related to their body weight is larger than that of an adult, their immune system is not as developed as that of an adult, and they are less likely to complain and/or remove themselves from the environment that causes the exposure. In other words, children are biologically geared to inhale more of the toxins present in cigarette smoke than their adult counterparts. Second hand smoke exposes children to a number of carcinogens (cancer causing substances), and when the environment is such that air flow is limited, such as inside a home or vehicle, those carcinogens are especially concentrated. There are more than four thousand substances present in tobacco smoke, more than forty of which are known carcinogens. These substances include formaldehyde, arsenic, vinyl chloride, lead, cadmium and nickel, as well as a host of other chemicals that are completely unpronounceable.

The effects of environmental tobacco smoke range from the relatively benign to serious health consequences. The irony of tobacco smoke is that the chemicals that are present in second hand smoke are often more concentrated than the smoke that a smoker takes into his or her lungs. Among the effects that second hand smoke has on children are increases in the frequency of upper and lower respiratory tract infections, an increase in the severity or frequency of existing asthma episodes and/or symptoms, a reduction in the flow of oxygen to tissues and reduced lung function in general, and an increase of fluid in the middle ear. Second hand smoke has also been associated with frequent ear infections, throat infections, an increase in the frequency and severity of colds and sore throats, poor or slowed growth, childhood cancers, and Sudden Infant Death Syndrome (SIDS). Second hand smoke is thought to be responsible for more than 10% of all cases of childhood asthma, more than 16% of all physician office visits for cough and more than 20% of all lung infections in children under the age of five. Smoking is also responsible for a number of children's deaths from cigarette-related home fire.

There is little doubt that adults are aware of the overall dangers of cigarette smoke. Less than 10% of individuals believe that second hand smoke presents no danger whatsoever to the non-smoker. However, many people are not aware of how the effects of second hand smoke are compounded in children. Because of the increased danger of tobacco smoke, several states are considering legislation that would ban smoking around children under a certain age (generally fifteen) in any enclosed area, especially a vehicle.

Arguably, smoking is not against the law for any individual over the age of eighteen. Therefore, many adults do not consider their smoking as anything other than a legal right. Any attempts to limit that right are generally met with significant resistance and protest. However, as cigarette smoke is so dangerous to others, especially children, it can be argued that the only way to prevent harmful effects to non-smokers is to effect legislation that limits the rights of smokers. To date, most states have initiated some form of indoor smoking bans. These bans have been met with protest and resistance from smokers and non-smokers alike. The smokers protest that they have a legal right to smoke and the non-smokers protest that the government is limiting the rights of the smoker, and that those limitations may lead to the limitation of other rights. Non-smokers that are in favor of legislation that limits the rights of smokers argue that the legislation would not deny the right of a smoker to smoke, but would instead enforce the right of the non-smoker to remain healthy. Much like the use of alcohol, the use of cigarettes would, under the enactment of such legislation, be legal only in the sense that such use would not violate the rights of others. As alcohol is legal only in as much as it does not endanger others, so would the use of tobacco be legal only in as much as it does not endanger others.

To date, Arkansas, Louisiana, Washington, Vermont, and Texas have already initiated some form of legislation that bans smoking around young children. Many states are ordering that children involved in custody disputes and/or divorce cases are provided with a smoke free environment. However, these cases are often the result of one parent complaining about the other parent's smoking around the children. Additionally, as the courts are intervening in a child's home environment, there the legal system must either stop requiring a smoking ban in such cases or that it must apply the ban uniformly across every household, not merely the ones involved in civil litigation. Children's rights groups are calling the exposure of young children to second hand smoke a form of child abuse and are rallying for legislation that limits the smoking of any individual around children. In Arkansas, any individual who is caught violating the ban against exposing children to second hand smoke can be fined $25, but can avoid the fine if they show proof of enrollment in a stop smoking program.

It can be argued that legislation that bans smoking around children, in cars, homes, or other enclosed areas, is a position that places the health of children above the bad habits of the adults that care for them and above the civil liberties of those adults. Regardless of their oppositions, adults must realize that current research overwhelmingly indicates that the effects of second hand smoke on children are predominantly negative and that these effects must be curbed in any way possible and as quickly as possible. With many states already employing statewide smoking bans that protect all non-smokers from the effects of tobacco smoke, it must be realized that states cannot enact such legislation without also considering what they can do to protect children. Smokers have been presented with the knowledge that second hand smoke is harmful to others for many years, yet parents and other caregivers continue to smoke around their young charges. Obviously, something other than educating smokers to the harmful effects must be done to prevent smoking around children.

It can be argued that such a ban would be inherently difficult to enforce. It has also been argued that seat belt laws and drunken driving laws would be difficult to enforce, yet fewer people drink and drive and more people buckle up on the nation's highways. However true the argument regarding enforcement is, remember it is often not the legal system itself that prevents individuals from violating ordinances such as smoking bans, drunken driving laws, and seat belt laws, but the fear of the legal repercussions of violating the laws. Additionally, many individuals have found that the enactment of smoking bans have given them the incentive they needed to stop smoking themselves, just as states' enactment of new seat belt regulations spurred more individuals to employ the use of their seat belts, regardless of their initial resentment of the legislation. For some people, the right to harm themselves just isn't worth the fight in the long run.

Cigarette Smoke and Tenant Rights

Renters in apartment dwellings can get irritated by other tenants who enjoy cigarettes. Another occupant's smoke can creep into your residence through an open window or the air conditioning system. Unfortunately, until the rental lease agreement makes it a requirement for the landlord to stop such happenings, there is currently very little that is possible to do with regards to California law. Local laws may change soon, but that doesn't assist those being put off by by smoke currently.

Even though a few cases have been submitted in California against landlords or other renters due to the sharing of secondhand smoke, the legal answers are still unknown. Results submitted by the California E.P.A. (Environmental Protection Agency) that connect someone else's smoking to a variety of diseases, which include brain damage and pregnancy complications, may affect a law's perspective of this situation, but that is yet to become clear. If you happen to be a renter thinking about legal action against a property owner or renter for subjecting you to his second hand smoke, due to the newness of the situation, you may need to consult a lawyer.

Renters Rights Against Their Property Management Company

Even though there is no law that prohibits smoking in private domiciles, all California property managers owe a diversity of responsibilities to their renters, to include: The implied warranty of habitability and the implied covenant of quiet peacefulness.

With regards to the implied warranty of habitability, a part of every single one of California rental lease agreements, a property owner makes certain that the grounds are and will remain livable. Livability is usually discovered by the owner's obedience with specific code obligations, such as providing required heating and ventilation.

But, California judges have not determined that code obedience is the only deciding factor of whether a break has happened. That way, it is conceivable that, when under specific situations, the judge might rule that a renter's openness to secondhand smoke breaches the warranty of livability.

The implied covenant of quiet peacefulness champions the renter's use and peacefulness of the grounds for the reasons outlined by the rental lease agreement. The property owner can breach the implied covenant of quiet enjoyment by doing something or failing to do something, such as failing to cease other renters from creating too much noise. The inquiry the courts would ask is whether the other tenants smoking greatly affects the renters ability to enjoy of a specific part of the grounds. It is unknown how a California judge would rule on this situation.

In the rest of the U.S., a few judges have permitted lawsuits to stand when a occupant's smoking is severe enough, or made the property owner to extend to the renter a lessening in rent due to the smoke. But, it is unknown whether a property owner would be responsible for the relocation costs of a renter who decided to discontinue a renal lease agreement because of secondhand smoke problems. Due to the fact that these outcomes were made by an out-of-state judges, the rulings are not applicable in California and it is unclear how California judges would rule on the same evidence.

Renters Rights Against Their Neighbors

In California, a renter now has little if any legal rights opposing another tenant for exposing them secondhand smoke. There is no legality that prohibits smoking in private domiciles, like the law that prohibits smoking at work. That way, the tenant who smokes has not violated the law by smoking in her apartment.

A occupant's smoking might not reach the legal requirement for a "nuisance" as determined by the California judges. Even though California law outlines a nuisance as that which is dangerous to a person's wel-being, . . . Or is not decent or irritating to the senses, . . . So as to meddle with the peaceful happiness of life or property," judges also make it a requirement to that a plaintiff give proof that the action is both "substantial" and "unreasonable."

Going by the present California case laws, a occupant's smoking might not be viewed as either substantial or unreasonable, but it depends on the consistency, length of time and degree of exposure. A judge might see the secondhand smoke challenges as just the renter's inability to live together in the same building.

Rights of Physically Challenged Occupants

Renters with specific physiological disabilities might have other legal answers at their disposal to stop drifting smoke from coming into their domiciles. Under state and local law, those with limitations are enabled with feasible quarters and/or changes of guidelines from their property managers to make sure that commensurate availability to and happiness of their living space.

To certify for these exceptions, the renter has to qualify for the legal explanation of "handicapped" or "disabled," meaning that their circumstance "limits" (under California law) or greatly limits" (under federal law) a substantial life ability."

Someone with a genuine lung situation may be considerably limited in her breathing. If a renter is "handicapped" or "disabled" according to the legal definition, and openness to secondhand smoke is stopping the renter from appreciating the property, the law makes it a requirement for a feasible living space. The property owner might be made to stop smoking in joint areas of the property, if that is the origination of the smoke, or let the tenant move to an alternate apartment, further from straying smoke. Rather, the renter might be able to discontinue his/her rental lease agreement without being penalized.

What Can a Property Owner Do to Halt Such Problems?

To not run into challenges caused by renter's smoking, property managers in California might:

Start a smoke-free rule by not allowing new occupants from lighting up;
Establish non-smoking parts of properties; or
Not allow smoking in all joint areas, such as stairs or garages.

Conclusion

If a renter in a property is put off by occupant's smoking, the legal answers are unclear. Property owners have certain responsibilities to renters (implied warranty of habitability and implied covenant of quiet enjoyment). These property owner-renter law guidelines may offer some reprieve for renters depending on the seriousness and length of the openness to secondhand smoke. Due to the fact that this is a recently discovered part of the law, it is unknown how a California judge would decide. If a renter is physically challenged she might have other legal cures under state and local anti-discrimination laws.

Rather, the apartment manager is allowed to stop smoking in an apartment. Or a local government might establish an law putting limits on smoking in joint areas or stating that property managers have the ability to create areas of the property smoke-free.

So, make positive you are clear as best you are able the parts of the building where smokers are hanging out before you agree to your rental lease agreement.

Anit-Smoking Slogans

At least half of the world seems to enjoy the pleasures of smoking. However, the other half seems to be really up against it. From anti smoking laws to zero cigarette campaigns... this half of the world seems to have taken really serious steps in its battle against the fumes. The most effective tools that they employed are the slogans.

Slogans are words combined to form simple sentences or phrases which promote ideas. Since time immemorial, this has been used to promote general thoughts and even eccentric ideas. From "skin is in" to "no gut no glory", there are just too many slogans that have made their marks in the shaping of history. The same is true when it comes to the battle against smoking. Anti smoking slogans abound all over the world, in order to be a little closer to the elimination of this abominable vice.

Anti smoking slogans tackle every aspect of smoking and its effects in very few words. The most prominent ones are those which delve into the health concerns of people around the world. A perfect example of a health related anti smoking slogan is "Save your lungs, save your life". Indeed, the message here is clear. It says that the cause of various physical diseases can be traced down to smoking cigarettes. Other examples are "Breathe healthily, live happily" and "If you can't stop smoking, cancer will." These easy to remember and rhythmically rhymed slogans have been used by various anti smoking organizations in their campaign posters, banners and even televised public service plugs.

There are also anti smoking slogans which deal with the pollution that the use of cigarettes can cause. As you may know, smoke is harmful for the air. The constant smoking of millions of people everyday actually contributes to the air pollution here on earth. As such, slogans like "Share clean air" and "Everyone has a right to clean air" have been popular adages when it comes to discouraging smoking for environmental causes. Even the improper throwing of cigarette butts have been choice topics among environmental anti smoking slogans.

Last but not the least, there are also anti smoking slogans which discuss financial disadvantages caused by smoking. As you may well know, cigarettes are not the cheapest things on earth. In some countries like Singapore, they can even cause up to $10 a pack. As such, it can cause financial strain on average earners which have been hooked to the habit. An example of this is "Too much smoke will leave you broke". It is a clear statement on proper use of resources, instead of splurging on deadly vices.

If you are into the same cause, then you might want to make your own anti smoking slogan now if you can. It's fun, challenging and worthy of doing. The best thing about this is that you can actually save lives once your anti smoking slogan's message gets heard.

Second Hand Smoking Declining

Second hand smoking came to the lime-light in the early 1980s when a Japanese researcher noticed that people who lived with smokers also suffered from smoking related illnesses and disorders. Since then numerous other studies have been completed which soundly point to these initial Japanese findings.

The wide acceptance of the effects and dangers of second had smoke has largely encouraged most measures that limit smoking in public places. This acknowledgment of the dangers of second hand smoke made the problem and concern not only that of the smoker but a society wide problem. In as much as pro-tobacco groups cry human rights violations of smokers rights, the counter argument is that smokers violate the right to health and right to life of the general public.

Recently the CDC released a report that showed a decline in second hand smoke compared to the 80s and 90s levels. The decline is in the region of 70% and is arrived at by comparing study results from cotinine tests done in the 80s to those done recently. Cotinine is a metabolite of nicotine. Nicotine does not stay long in the body in its original form. Once inhaled and in the bloodstream it changes after a short period of time to cotinine. Researchers do blood tests to test the presence of cotinine which is a tell-tell sign of the presence of nicotine.

The announcement by the CDC of the decline of second hand smoke even though still showing that a significant number of people especially young children are still affected by second hand smoke is a cause for celebration. It clear shows that anti-smoking laws and regulations preventing public place smoking have been well hided. Children remain vulnerable because they often live with smoking parents or siblings. What then is required is to extend the laws banning public smoking into homes in order to once and for all protect children from smoking parents and siblings.

The success of stop smoking laws leading to second hand smoke decline is sadly confined to the developed world. In poorer developing countries such as China with 350 million smokers, second hand smoke is still affecting millions of innocent people on a daily basis. The problem is not only at the smokers level but also at the government level which is not keen to tamper with lucrative tobacco tax dollars. More pressure and campaigning is needed to convince these particular governments of medium to long term health costs of a sick population.

The decline is second hand smoking in western countries shows that it is possible to bring into control second hand smoking even in the developing countries when the right policies and willingness is established.

The Bad Effects of Smoking in Public

It's no longer considered acceptable in most places for people to smoke in public. In fact, there are specific anti-smoking policies in many counties and cities. Some states have even enacted smoking bans.
No one has been allowed to smoke on plane trips for many years. Now, most restaurants have followed suit.
Much of this is because of health warnings. We see more and more health warnings, as tobacco companies produce anti-smoking ads for TV and the Internet as part of their settlements of lawsuits.
Years ago if someone asked "do you mind if I smoke" they were being polite, it was expected that no one would object. That is no longer the case. Smoking exposes both the smoker and those around the smoker to smoke, and thus can be unhealthy for everyone around. Because of this, asking if it is OK before lighting up is just simple manners.
Our society no longer accepts smoking. If you think on it, recent movie portrayals of smokers use smoking to show a character who is ignorant, evil or desperate.
In many states, smokers can no longer smoke in public places at all. In others, there are laws that mandate how far away a smoker has to be from a building before lighting up.
This can even mean jail time if a smoker in America breaks the law. Fines for breaking smoking laws can lead to fines of hundreds or even thousands of dollars. Even when there are no laws or official rules, smokers need to worry about causing offense and inconvenience.
Smoking is not terribly socially acceptable any more. If you do smoke in a restaurant, you should ask those who are seated to either side if this is OK and respect their wishes. If those at your table have a problem with your smoking, try to arrange the seats so they are not exposed to your smoke.

The Pros and Cons of Workplace Laws

Workplace laws are set up to set guidelines for appropriate behavior and to let employees know what is acceptable and what is not within the walls of your office space. Not only do these laws talk about acceptable behavior, but it also clarifies rules and regulations regarding your place of business. This can include such things as a smoking policy, rules about food and beverages at your desk or the use of the work phone for personal calls. Laying a list of guidelines out for your employees puts in place rules that can be produced if an employee were to abuse these regulations.

Let's talk about smoking laws. It is getting harder and harder nowadays to find any establishment where smoking is accepted. Places of employment are no exception. Most states require that you refrain from lighting up a cigarette until you are at least 25 feet away from the entrance to any building or in the confines of your own car, with the windows rolled up. If you are one of the few companies who do allow smoking, it is important to set certain guidelines of where the designated smoking are in the building at that any smoking should be reserved for only in that area. This will give your employees the freedom to go and smoke but will give your other employees who choose not to smoke the luxury of not having to breathe in any second hand smoke.

Many places of business do not allow food or beverages at their desk. This is for many reasons. One reason is for the protection of the equipment at your desk. There have been many instances where an employee has spilled a giant soda on their key board or spilled something on their computer ruining the entire thing and losing valuable information stored on it. Another reason for restraining from bringing food to your desk is for smell purposes. Many people are very sensitive to smells and if everyone under the sun brought a different cuisine to their desk, can you imagine what it would smell like? Probably not too great!

The guidelines for workplace laws is essential in making sure that the business is run smoothly and that all employees are courteous and respectful to one another.

Cigar Bars- Smoking Allowed

There is a familiar sight we've probably all seen: a cigarette stands outside a bar alone; crushed that it's unable to go in, tiny tears of ashes fall from its white paper, the spark in its eye fades away. Joe Camel and the Marlboro Man, long given up the fight, have put down their signs of protest and gone home. It, after all, is just no use: cigar bars are no place for cigarettes. They are havens for cigars. Places Ashton Classics can go where everybody knows their name, cigar bars are ideal places for both cigars and cigar lovers.

Established as venues that cater to the cigar smoker lifestyle - the love for the finer things - cigar bars really came into being during the 1990's, when the cigar revolution was underfoot (and head). Though these types of bars had been in existence for years, the revival of interest in cigars also revived the interest of pulling up a stool at a cigar bar.

Cigar bars may appear like regular bars on the surface: many serve food, many have all kinds of alcohol, and many have music or a live band entertaining the masses. To those who look closer, cigar bars are often a step up the ladder of luxury: a "dive bar" and a "cigar bar" are on opposite ends of the saloon spectrum.

Keeping with the old traditions of yore, many cigar bars cater purely to upper class men, those who enter are met with an ambience that speaks to old world gentleman. These upscale cigar bars also include humidors and some have lockers for patrons to place the cigars they are saving for later. Some cigar bars, including the Cuesta-Rey Cigar Bar in Tampa Bay, Florida, merge new world sports bars with classic cigar bars: they include pool tables, televisions, and a full bar of alcohol.

Some of the more relaxed cigar bars take pity on their inferior cousins: they allow cigarette smoking. However, the classic cigar bar turns its nose at the Virginia Slims and Salems of the world: they only allow cigars. These classic cigar bars do often serve alcohol and food, but many of the types served are aimed to enhance the experience of a good stogie.

As many cities across America and the world begin placing No Smoking signs on their city crests, adopting bans that prohibit smoking in public areas, cigar bars are being viewed as a refuge for those who love tobacco. Since many are immune to the smoking bans, having been given this immunity because they are venues established purely for tobacco use, cigar bars have been a saving grace for lovers of luxury. This has, in a fit of evasiveness, also caused many bars to pass themselves off as "cigar bars." However, classic cigar bars beat imposters any day: classic cigar bars smoke out the competition.

Top Reasons to Stop Smoking

There are an infinite number of reasons to stop smoking; be it because of you health, the effect it is having on your family, or simply your ever decreasing bank balance. No matter why you have made the decision; it is the right decision. Here are a few more excellent reasons to urge you on

Despite what you may've been led to believe through your life, smoking is neither cool, nor sexy.

Before we knew just how damaging smoking was for us, it did look cool for a man to have a cigarette gently hanging from the corner of his mouth; or for a woman to seductively draw on her with her big rouge lips.

Now, people just see some sad and uninteresting fools, often huddling alone on a street corner somewhere.

Which moves us swiftly on to another top reason to stop smoking; you aren't a fully paid up member of society.

Times are changing, with there being an increasing number of places where you are not allowed to smoke inside. Indeed, there are many places with laws prohibiting smoking in some external areas.

Essentially therefore, smokers are nothing more than pariahs; second class citizens, undesirables, and any other such superlatives you can think of!

Okay, so we have established that you look a little bit sad and are considered a little bit sad by everyone else. But what of you yourself; it doesn't get much better.

For a start, you absolutely reek to high heaven; all the time. Okay, so you can have a nice shower in that wonderfully scented Aloe Vera, Ylang-Ylang, Jasmine and Passion Fruit, Tropical Sunshine Exfoliating Shower Cream. But then you go and light up, and you smell like a dog's... You get the picture I am sure.

Then of course you have no real sense of smell, (which is lucky in many ways as you cannot smell your own stench), or indeed and sense of taste. No matter whether you are eating at your local Taco Bell or Chef Ramsay's latest venture in Manhattan, you can't taste jack.

A Reality Check - Quit Smoking

As smoking laws make it more and more difficult for people to smoke outside their homes, it could be a good incentive to give it up.

Smoking has been banned in most public places including your favorite pub, so what are you going to do, stare into your beer and brood on the unfairness of it all - try to quit smoking, its definitely a better alternative. People are often discriminated against in offices and other places because of smoking and to many people the smell of tobacco is offensive. Another very good reason to consider giving up this bad habit is your health; 'smoking kills' is being printed in bigger and bolder letters on every pack sold. Tobacco companies have had to pay out huge sums when they were sued by cancer patients and the courts ruled in the patient's favor. Yet another reason to quit would be, second hand smoke is killing your loved ones. Puffing up a storm at home is endangering the lives of your family because second hand smoke is deadly.

You will find plenty of advice on the internet about tips to quit smoking, ten best ways to stop smoking and so on. Reading all the books in creation, using patches, chewing gum, none of it works if the will to stop smoking does not come from deep inside you. Anyone who advises you to cut down slowly till you stop is living a fool's dream! As long as your body gets the daily dose of nicotine you are never going to stop. The only way is to make a firm decision, throw away every single pack of cigarettes and all your lighters and STOP!

It will not be easy but you can do it! Good Luck!

How Smoking in Public Places is Becoming Extinct

Smoking in public places is increasingly becoming a taboo in many places in different countries. In the United States alone, public smoking is now prohibited in many states than ever imagined a few years ago. Smokers are fast running out of places to smoke. Whilst some argue that this is an abuse of peoples' rights it would appear secondhand smoke caused by public smoking is a greater evil.

Most people are unaware of the effects of inhaling side stream smoke from a passing smoker or in an elevator for instance. This ignorance continues to cost countless lives let alone the unnecessary dollar drain to the public purse through increased public health spending. For this cause it is justifiable for authorities to drive smoking in public places into extinction.

Many countries in Europe have since banned smoking in public establishments such as bars and airports, libraries and public lounges. Anti-smoking laws with severe penalties have now become the norm. For instance in the UK, all public transport and buildings are mandated to clearly display no smoking signs. Further authorities in these buildings are required by law to report any violators failure of which they will be held responsible.

Amazingly, research in Canada shows that employees in work environments without any smoking bans smoke up to five more cigarettes daily than in places with restrictions. In other words there is scientific evidence to show that smoking bans actually help reduce the amounts of cigarettes smoked per day. Employees were even shown not to have a desire to compensate for this reduced cigarettes during breaks such as lunch hour or after work.

As the bans imposed by anti-smoking laws become too wide spread, one can predict that smoking in public places will fast become a serious burden that not many would be willing to contend with. From enduring long hours in the airport, in the library, at work, at crowded soccer fields to any such place where the public comes together it will be really a nightmare. Many will be discouraged from taking up smoking and for those who already smoke questions of sound judgement and irresponsibility will be raised in continuing to smoke in light of all these apparent restrictions.

On the other hand, in all likelihood tobacco companies will not let go of this lucrative market without putting up a fierce fight. Even now some tobacco companies carry out own research designed to disapprove or at least question some of the mainstream scientific discoveries in addition to developing own alternative tobacco products. As smoking tobacco in public places goes extinct statistics show that smokeless tobacco products demand is increasing. It is increasing more so at the behest of tobacco companies working hard to recover a dwindling market through restrictive anti-smoking laws.

Public Tobacco Smoking Laws Aid to Quit Smoking

The cigarette smoking habit has seen an evolution in its perception and acceptance. Early in its history tobacco smoking was viewed as actually being good for you. How untrue that tale turned out to be. Instead we now know what tobacco does. It causes problems like cancer, problems in the lungs and heart disease. Those are just the major risks involved. Others like the smell and the expense of the addiction all contribute to the bad side effects.

National awareness of these problems have legislated action and laws against tobacco smoking and the need to quit smoking. Some of these actions include the following.

Anti-Smoking Public Service Announcements: Truth is one very successful ad agency that has depicted the bad effects of smoking. They portray the tobacco industry as an evil empire. Their commercials are also cryptic in showing the effects of tobacco and smoking. The ads they show have even reached audiences of the NFL Super bowl.

Public Laws have also curtailed smoking on a social level. In many states around the USA smoking bans in social places like restaurants, bars and recreation facilities are banned. The states with such bans include:

Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Missouri, Mississippi, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island,South Carolina, South Dakota, Texas, Utah, Vermont, Washington Dc, Washington State, West Virginia, Wisconsin, Wyoming

High taxes on cigarettes and cigars also cut deeper into the budgets of smokers. It is estimated that a smoker who starts early in his age will end up spending nearly two million dollars on cigarettes in his lifetime.

Agencies like insurance and health organizations also penalize smokers. This is accomplished with expensive fees and less services available due to the dangers of tobacco.

Do Anti-Smoking Laws Work?

The dangers of smoking to the actual smoker and to the people that are nearby have become common knowledge. Individuals that smoke raise their risks of developing all types of cancer including, lung cancer as well as heart disease. Smoking cigarettes also cause the blood vessels to narrow, which increase the risk of heart attack and stroke. Individuals that live with smokers or individuals who simply inhale second hand smoke, also have increased risk for heart disease and cancer. Young children and older adults are the most at risk.

Individuals that are against anti-smoking laws typically argue that it encroaches on an individual smokers rights, as well as those of business owners, who in growing numbers, are not allowed to let patrons smoke. Business owners have been particularly vocal about the unfairness of the ban. They cite that it will drive away business and costs them money. This is especially true for bars and restaurants. The battles rage heavily when some types of establishments are allowed to continue to let people smoke, while others are not. This is believed to provide an unfair advantage.

It may be too soon to determine whether or not anti-smoking laws are working. This is because in many cities, these laws have just been passed and there have not been enough time for any lengthy studies to be performed. However, research does show that secondhand smoke can be terribly dangerous. It can lead to cancer and heart problems. Some opponents of the ban may argue that the amount of time spent in a restaurant or establishment isn't enough time to do any damage. However, the amount of time that is spent in these places can add up over one's lifetime, which can unwittingly put an individual at risk even when they have not chosen to smoke.

Anti-smoking laws have become more and more common. Due to concern for people who may be affected by second-hand smoking, many cities are cracking down on smoking in public. While most people agree with the ban, there are many who do not and believe that cities are overstepping their boundaries. However, any legislation that protects the public from someone else's dangerous choices should be considered. Currently, it is too early to tell whether or not anti-smoking laws works. However, as times passes, there are likely to be studies to determine if this is an effective method to fighting the dangers of secondhand smoke.

Weird Smoking Laws

As more and more states adopt laws that prohibit smoking in public, crushing the hopes of cigar smokers with the ease of crushing a used cigarette, people everywhere are calling "foul," restraining themselves from telling lawmakers to kiss their ash. The laws, to the avid cigar smoker, are avidly ridiculous.

But, ridiculous laws are a part of worldly culture. From a law in Denver that forbids people from loaning vacuum cleaners to other residences, to a law in Wyoming that prohibits people from taking photographs of rabbits during the month of June, many rules and regulations simply make no sense. There is even a law in Champaign, Illinois that makes it illegal for someone to pee in the mouth of their next door neighbor, undoubtedly ruining the weekend plans of innumerable Midwest citizens.

It was only a matter of time before this law lunacy filtered into the tobacco industry. Recently, they've become more obvious, branding our world with a "No Smoking" sign. Not limited to any one state, or any one country, strange smoking laws can be found almost anywhere.

Australia: Australia has a law that bans children from purchasing cigars or cigarettes. This isn't particularly strange as many countries have similar regulations. However, Australia stands out because children, though they can't purchase tobacco, are legally allowed to consume it. As long as they get an adult to buy it for them, Australian children are freely allowed to smoke a cigar in front of a policeman, a parent, a teacher, or even a kangaroo.

New Orleans, Louisiana: In a city known for guilty pleasures - home to everything from Mardi Gras to extravagant casinos - cigar and cigarette smoking are a bit tamed. New Orleans possesses a law that prohibits anyone participating in a carnival or parade to use tobacco products while doing so. In addition to this, a "No Smoking" sign must be visibly attached to all parade floats, not that any onlookers, with troves of nearby women attempting to get beads, are really paying attention.

Zion, Illinois: Just when you think you've heard it all in regards to rules, there is a law in Zion that prohibits owners from giving a lit cigar to any of their domesticated animals. While the law specifically names dogs and cats, it surely applies to any kind of pet: hamster, gerbil, and goldfish. None of these pets are allowed to smoke cigars, no matter how much they beg and plead.

France: Colonel Mustard, in the Boiler Room, with an ashtray. That's right, an ashtray. In France, ashtrays are considered deadly weapons. Perhaps this is because people can use ashtrays to hit others, or perhaps it's because ashtrays are known to prey on unsuspecting victims, jumping them in alleys and blinding them with a cloud of dust. But the most likely reason is simply because it's France. A nation reputed for passivity, some people may think the citizens of France are homicidally threatened by the cast from The Brady Bunch. We do hear that Marcia's packing.

New Jersey: While a sign reading "Do Not Feed the Animals" is common in many zoos, New Jersey takes this notion one step further. Passing a law that prohibits people from giving local zoo animals cigars or whiskey, the creatures in this captivity obviously have no fun. But, being that whiskey is the only liquor specifically named, it leads one to wonder if providing the animals with a cold beer would be equally frowned upon. If not, perhaps the animals would be able to smoke a cigar on occasion. Ya know, socially.

South Bend, Indiana: Keeping with the animal kingdom theme, in South Bend it is illegal to make a monkey smoke a cigarette. This law goes back to 1924 when a monkey was found guilty of the crime of smoking a cigarette and forced to pay a fine of 25 dollars, as well as trial costs. We're not sure what happened when the monkey, recently out of work, wasn't able to come up with the money. Perhaps, he was prohibited from partaking in any form of Evolution.

Newport, Rhode Island: Resting on the East Coast, Newport has a law that prohibits people from smoking a pipe after sunset. Any other time is fine, but once the sun sets, this is one law the avid tobacco lover can not put in his pipe and smoke.

Marceline, Missouri: In this Missouri town, minors are allowed to purchase rolling papers and tobacco, but they aren't allowed to purchase lighters. If only, if only, there was a way to get matches easily, perhaps from a local restaurant or café. Maybe in a perfect world, the ability to find matches would appear.

Obviously, this world contains a great number of laws that are founded with about as much reason as turning down a million dollars or volunteering to stay on the Titanic. But, the cigar smoker can rest assured that it's not just their luxury that falls victim to this madness. These kinds of laws are everywhere, from prohibiting humming to saying its illegal to drive in a housecoat, these kind of rules put the word "awful" in the word "lawful." And, they make one wonder if more laws can be passed, perhaps a rule that replaces every cigarette with its superior: a cigar.