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Smoker's rights

by Jered Slusher

Created on: July 09, 2008   Last Updated: July 10, 2008

Smokers have rights, sure. Every U.S. Citizen is guaranteed certain inalienable rights by the Bill of Rights. But when smokers suddenly find themselves being banned from smoking in public, their first reaction is to blame the government for taking away their rights. However, this is a gross oversimplification of what is actually happening. The government is granting rights to people who are non-smokers to allow them the choice to regulate unhealthy second hand smoke. It's not the faceless government that is enacting laws to take away the right to smoke in public, but rather the people of the United States who are making an informed decision that affects their health.

First we as a people must ask ourselves who is responsible for our health and safety. Of course, the number one person responsible is ourselves. Responsibility also lies with the hospitals, healthcare centers, nurses, and doctors. But is our government responsible for the overall health of its people?

If you ask the U.S. Surgeon General, yes. The U.S. Surgeon general educates Americans on the dangers of using certain products. For instance, you may have noticed a Surgeon General's warning on a package of cigarettes. As early as 1966 warnings began to show up on the labels of cigarettes (particularly warning Americans that cigarette smoke is dangerous and cigarette smoke can cause or lead to heightened risks of many diseases and ailments). But the Surgeon General certainly does not have the right to tell smokers that they can or cannot smoke. But who does? The people.

Statewide ballots have been presented and passed over the course of several years, and the result has been smoking bans in restaurants, bars, and workplaces across the country. States have not enacted laws on their own. The citizenry of the states have weighed opinions and facts on smoking, have been bombarded by television and newspaper ads advocating the "truth about cigarette smoke and tobacco companies," and have come to the conclusion that the best option for their health is to support a ban of public cigarette smoking.

A significant segment of America's population smokes. The American Heart Association estimates that in the U.S. alone approximately 46.6 million Americans smoke cigarettes (roughly 24 percent of males and 18 percent of females). However, non-smokers are in the majority, and it's clear that they have made the decision and are willing to support the end of public smoking. Smokers have been very vocal about their disapproval

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