Monday, 19 March 2007

Further curbs on smokers !

Sydney's Mosman council - one of this country's toughest on restricting smokers - has further extended it's no-smoking bans. It was one of the first to ban smoking at outdoor eating venues and has bans in place covering beaches, outdoor playing areas, playgrounds, public events, playing fields and the grounds of council managed buildings.
Now even this strict regime has been extended. It is now illegal to lightup in parks, public squares, bus shelters and council car parks. Fines of $ 110 apply.
This raises the point of just where is it legal to smoke ? It seems the council has just about everything covered - with the exception of a public street - providing it is not near a council managed building - or your own home.
It seems that the old adage that " your home is your castle " may also be about to fall. Recently a couple who were heavy smokers fell foul of their neighbours in a multi-apartment high rise building. Their neighbours took them to court, claiming that the smoke from their cigarettes polluted adjoining apartments and sought a smoking ban - which was granted.
This seems to raise an ethical issue. If nicotine is a legal product - and heavily taxed by the government - is it legal to impose bans which in effect prevent a user from exercising a right to use that product ?
A ban in areas where food is consumed or in places where people congregate - such as bars and night clubs - may be reasonable, but when that ban applies to just about any place in the open air other than public streets seems to be an unreasonable restriction.
There is another option, of course. The government could bite the bullet and declare tobacco a prohibited substance - similar to marijuana - on the grounds that it is a danger to public health.
That will not happen. For a start, the government could not plug the gap that the cessation of tobacco taxes would create - and the fact that twenty percent of the population chooses to smoke would ensure annihilation at the next poll.

Somewhere down the track this Mosman council edict may find itself challenged in the High court !

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