Mod 3 Case Assignment
September 24, 2011
As Americans we have become a custom to our freedom and the rights accompanying it. We have had our freedom for so long that sometimes we even begin to thinks that it is limitless, but we cannot justify an individual’s freedom to smoke in a public place where it is causing harm, even impeding, other peoples’ freedom. The effect of second hand smoke has led to the estimated 46.6 million deaths according to a 2009 American Cancer Society report [ (Berger & Eleni, 2010) ]. Because of the origin of smoking had a hip appeal before the public knew of the health hazards, we typically do not think of second hand smoke as a crime. But family of the 46.6 million people that died mourned all the same. If a group of people had shot 46.6 million people we would have brought them to justice long ago. Recently New York has banned smoking in public places such as bars and restaurants, which was just and long overdue.
The law to ban smoking in bars and restaurants was not intended to limit the rights of the smokers, instead it was to enforce the rights of the non-smokers to be able to breathe without a risk to their lives. Smokers are still accommodated, “New York's ban will take effect July 24 in areas where smoking now is permitted and where local ordinances are weaker. Although the law will not supersede the stricter measures previously passed in Westchester and Nassau counties, it will replace elements of New York City's new law, which took effect March 30. The state's anti-smoking law takes a harder line than the city's controversial ordinance by eliminating exemptions for owner-operated bars and prohibiting operators from establishing or continuing to operate separately ventilated smoking rooms.” (Frumkin, 2003) Because of this law smokers can still smoke in designated well ventilated rooms, and the non-smokers can be in a restaurant without high risk of cancer.
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