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Is the new smoking ban discriminatory?

 PHILADELPHIA, PA - At first glance, the decision to ban smoking from public places, which won a narrow victory in City Council last week, looks like a no-brainer. Smoking is a dangerous habit, and studies have shown that contact with cigarette smoke can also be very hazardous to your health.
      The bill began as a crusade by Councilman Michael A. Nutter, in 2000. The compromise that Nutter had to make to get the votes was to allow certain restrictions on the ban, such as exempting private clubs and sidewalk cafes.
      Also, the bill will allow local establishments or 'taprooms' to seek exemptions, so long as 90% of their business derives from the sale of alcohol.
      It is rumored that Mayor Street also privately helped to push the bill along, and should sign it, after the particulars are examined by attorneys. Many restaurants and drinking establishments have already voluntarily banned smoking, so the new bill will build upon that, making the ban a legal issue.
      So everything's good, right? Well, not exactly.
      Yes, smoking is deadly. It also smells up a room, seeps into your clothing and second- hand smoke can harm those around you. But it is still legal in this country to smoke.
      Millions of Americans, which includes a whole lot of Philadelphians, smoke cigarettes, cigars and pipes. The tobacco industry has taken many hits throughout the years, but is still busily manufacturing a product that has cost Americans millions in health care costs. Even with all of the studies, all of the proof, there is still no way that smoking will ever become illegal in America. But, with bans such as the one that now exists in New York and the one that should eventually be passed in our fair city, it is getting harder and harder for smokers to partake most anywhere else, except the comfort of their own homes.
      Smoking is a vice, but not the only one in this country. But smokers have become a new minority, one that is discriminated against by businesses voluntarily, and soon, legally. Smokers are also looked down upon, especially by former smokers, as people with no willpower. That doesn't happen with other legal vices.
      Drinking can be deadly, if taken to extremes. And the affects of drinking can be very hazardous to others, especially if a drinker drives. Yet, nobody has come forward to ban drinking. And those who do drink to extremes, alcoholics, are treated not as pariahs, but as someone with a sickness. Instead of shunning them, former drinkers strive to help fellow alcoholics. Take a good look at our Community Calendar - there are a number of A.A. meetings in Northeast Philadelphia.
      Fast food and overeating has been proven to be extremely unhealthy. Even attempts by fast food establishments to add salads to the menu haven't helped. Many of those so-called 'healthy' alternatives have just as much fat and calories as a hamburger and fries. But there is no law against selling or consuming fast food. But the number of businesses and organizations that try to help overeaters is staggering. People who lose weight understand the hard work that it takes to do so and rarely shun or ridicule those who have not been able to take off the pounds.
      Guns are just about the most deadly thing that you can buy legally. They cannot, as a product, do anything but kill or hurt someone. But legislation to ban certain types of weapons has been squashed at every turn, but a vigilant organization, the NRA, and by millions of gun owners.
      America is a country founded just as much on our vices, as our virtues. One of the pivotal moments in the Revolution was a protest against the taxation of a caffeinated drink. And we all know what can happen, when you drink too much caffeine. Our National Anthem is a poem, adapted to the tune of an old English drinking song.
      Smoking, for all that has been done in this country to stop it, is continuing. Attempts to get teenagers to not smoke have been ineffective. Raising the age limit on the purchase of cigarettes hasn't helped. People smoke, and will continue to smoke, and now will be discriminated against, because they have the effrontery to legally light up.
      The world, or at least city restaurants and nightclubs, might smell better. But there could have been a better solution, perhaps building upon the voluntary bans now in place. Perhaps signs that proclaimed a place a smoking, or non-smoking establishment. Permits could have been purchased from the city.
      But a blanket ban on smoking is discriminatory to a great many citizens who do not frequent the corner bar or a private club. We suggest that the Mayor try to find a different solution, not because it will get somebody elected, but because it is right.
      Nutter waited six years, and fought heavy odds, to get this bill passed. We submit that he can wait until at least the end of the summer, to see it to a more equitable fruition.

Source: News Gleaner, 'Our Opinion' Editorial

Published: June 23, 2006


 

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