Where Can
You
Smoke? 
Friday, December 7th, 2007
Despite the national concern for the health risks of
secondhand smoking, the states have gone their separate ways (which is a
good thing for smokers, who turn to neighboring states for weekend
entertainment, or even relocate). Article One of the U.S.
Constitution of the U.S. does not grant Congress the power to enact
smoking bans under federal law, as it is one of the powers "reserved to
the states, respectively, or to the people".
As far as U.S. state
smoking bans go, it is difficult when travelling to know where you can and
cannot smoke. So, we've made a chart for you, with information on legislation up
until 2011, which we will keep updated if there are any changes to statewide law(s).
Here is where you can and cannot smoke in the United States of America:
The state of New Hampshire, whose slogan is "Live Free Or Die," ironically (or justly,
depending on who you ask) banned smoking in all public places, including restaurants
and bars, just a few months ago, when Governor John Lynch signed a bill to enact it.
Yet other states flatout refuse to enact smoking bans,
and leave the decision up to the proprietors of workplaces, restaurants,
and bars. It greatly depends on the both the Governor (some of
whom have signed Smoke Free acts) and the Supreme Court of the individual
state.
The Supreme Court of Iowa, for example, ruled in May of 2003
that Iowa state law prevents all local governments from
restricting smoking beyond state law, which expressly allows
the owners of the establishments to decide for themselves. That
nullified any smoking bans within the state.
The Kansas Legislature
twice rejected a statewide smoking ban: once in January of 2007 and
again in August of 2007. Kansas, however, allows cities and counties
to legislate it individually: Salina, Kansas interestingly
banned smoking in restaurants between 5 am and 9 pm.
Even in those states where
smoking is prohibited in all public places, there are, I'm tittilated to
learn, underground "smokeasy's." Just like the speakeasy in the
Prohibition area, the smokeasy is relatively hard to locate and is found
primarily by word of mouth, since establishments that allow smoking
in states where it is banned are technically breaking the law(s), even
if all participants are willing.
I wonder, though,
where it is that Lindsay Lohan is told she cannot smoke. Celebrities
easily light one up in smokefree establishments in Hollywood, L.A., Miami,
it's photographed everywhere. Entertainers and performers in
the spotlight are shown obvious exemptions to the bans - in the state
of Minnesota, there is actually a stipulation to the Freedome to Breathe
Act of 2007 (a statewide act) that allows actors to smoke during stage
performances.
Don't you hate that? I went to a Guns 'N Roses
concert and couldn't light up a damn cigarette, whilst the band was smoking all over the
stage.
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