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I don't understand. I came to this page expecting a list of smoking bans in the U.S., and yet the opening paragraph suggests that the article should be titled "How the U.S. Federal Government Could Implement a Nationwide Smoking Ban In Spite of the Purpose of the Constitution and those pro-cancer Libertarians". Seriously, what do theories about how the gov't could defend a federal smoking ban in the Supreme Court have to do with a listing of States and cities that have already done so WITHOUT violating/skirting the 10th Amendment, and how is this NPOV/without bias? The information given is not entirely without merit, but it seems to me that not only is it mostly speculative, but it should be under a different heading/section if included at all; as it makes a subtle (ie passive-aggressive) argument in what should be JUST a descriptor of a straightforward list. Its placement at the introduction implies that "given that the following bunch of (expletives) that have (dictated that we not) smoke in certain places, the federal government could and SHOULD ban smoking, but chooses not to out of laziness and an uninformed voting public"...as opposed to there being any ready, reasonable opposition and a valid legal controversy, but the law is the law and these are the places the law exists. And this is supposed to be a LIST not an article about an issue! Not to sound like a broken record, but how can there even be room for conjecture ("Conceivably, however, Congress could...") in a factual LIST?! there is no need for "background" here, if that's your answer, we have plenty of other articles on the subject. Yes, I am biased against the various smoking bans, but it's a legal reality I acknowledge; so likewise, I request that those who disagree please keep their arguments for the validity and expansion of said bans to the op-ed pages, and just give us the list. I submit that the text above the table of contents, if any, should read as follows: "The following is a list of smoking bans in the United States." PERIOD. That's all this article is supposed to be, after all, no?I do agree that smoking should be banned in places where people work... Laughingman802 ( talk) 06:15, 4 January 2009 (UTC)
It's banned in Fort Worth but not listed, I don't know how to list things right. It went into effect in Jan this year. —Preceding unsigned comment added by 97.94.199.129 ( talk) 06:59, 21 December 2008 (UTC)
Why not make a separate page for California? (List of Smoking Bans in California) Its numerous cities have enacted a whole range of smoking bans, which are not really covered well.
Also, on the map page that's visible on the United States list of smoking bans, there needs to be a similar color for all states that've explicitly banned smoking in restaurants and have NO age-restiction exemption, and a seperate color for the 3 states that've banned smoking, if minors under a certain age(usually either 18 or 21) are allowed to work and/or enter inside a restaurant or bar. The 3 states, that have such an exemption, are Georgia, Tennessee, and Arkansas. All other states that only exempt bars, casinos, and private clubs from smoking bans, DO NOT have an age-restriction exemption that allows such places to get around smoking bans. Finally, Oklahoma should have the same yellow color as other states do, since OK's ban covers all workplaces, and only exempts bars, and restaurants that have a ventilated smoking room. —Preceding unsigned comment added by 216.80.91.114 ( talk) 19:39, 13 October 2007 (UTC)
This was at the head of the "Other Bans" section. I've removed it for what I hope are obvious reasons. I believe SOME of the info contained within is likely legitimate, but without citations.....
If someone has sources (et al), feel free to merge back in, in a more appropriate manner.
Do not trust wikipedia it gives rong information California has designated certain areas, such as all public schools and even prisons, as "tobacco-free" zones, where the possession of tobacco in any form (whether by students, parents, teachers, or others) is strictly prohibited indoors and outdoors. The sale and advertisement of tobacco is banned within 1000 feet (300 m) of educational facilities.
Shan 03:06, 1 June 2007 (UTC)
This is the table from which the map is generated. Please update it in-place if you have any changes.
state | smoke-free areas |
---|---|
AK | none |
AL | none |
AR | WR |
AZ | WRB |
CA | WRB |
CO | WRB |
CT | WRB |
DE | WRB |
FL | WR |
GA | R |
HI | WRB |
IA | none |
ID | WR |
IL | WRB |
IN | none |
KS | WRB |
KY | none |
LA | WR |
MA | WRB |
MD | WRB |
ME | WRB |
MI | none |
MN | WRB |
MO | none |
MS | none |
MT | WRB |
NC | none |
ND | W |
NE | none |
NH | RB |
NJ | WRB |
NM | WRB |
NV | W |
NY | WRB |
OH | WRB |
OK | W |
OR | WRB |
PA | none |
RI | WRB |
SC | none |
SD | WRB |
TN | WR |
TX | none |
UT | WRB |
VA | none |
VT | WRB |
WA | WRB |
WI | WRB |
WV | none |
WY | none |
There seems to be some confusion over what exactly a "workplace" is -- Ortcutt appears to believe (based on the comments above) that it includes restaurants and bars, and thus we should use phrases like "non-hospitality workplaces" or "workplaces other than resturants and bars" when referring to typical offices and the like. On the other hand, the article is filled with dozens of uses of the term "workplace" which clearly are intended *not* to include restaurants and bars.
I have no opinion either way, as long as we're consistent between the map and the text of the article. What does everyone think? -- Mike Schiraldi 23:07, 6 July 2007 (UTC)
You have a good point there, Ortcutt. But, you also have to remember that on the subject of smoking bans, 'hospitality workplaces', or all restaurants and bars, are classified differently than non-restaurants and/or bars are, when it comes to the types of businesses that people describe that are covered under smoking bans. Not to mention, when people write up smoking ban ordinances, they're always described differently than 'hospitality workplaces' are, so that's why too when I cite smoking bans on the Wikipedia List of Smoking Bans in the United States, I cite such businesses differently, than I do regular workplaces.
Anyway, I'll be happy, as long as the map problem I cited near the very top of the talk page, is fixed. And for the love of god, I'll end by saying that the List of Smoking Bans in the USA needs to be kept simple and easy to read, and that there should be NO posting about bans that were defeated/voted down some time ago(i.e. Manhattan, KS, Cave City, KY, Jefferson City, MO, etc.). —Preceding unsigned comment added by 216.80.91.114 ( talk) 17:04, 14 October 2007 (UTC)
Ortcutt et al: I'm not going to enter into the debate on how the map should be colored -- you guys hash something out, and whatever coloring you all agree on, i'll render a map per your specifications. But i'm not doing anything until a consensus is reached. -- Mike Schiraldi 03:52, 15 October 2007 (UTC)
The map needs to be updated with Iowa information. Is the SVG that the map was made from available? I can only find the PNG, and editing the vector file would be better. Ortcutt ( talk) 17:46, 15 April 2008 (UTC)
http://en.wikipedia.org/wiki/Image:US_states_smoking_bans-2007-07-28.svg —Preceding unsigned comment added by 195.229.169.234 ( talk) 11:35, 1 May 2008 (UTC)
Someone needs to update the map to make Virginia red. I'd do it myself, but I don't know how to edit an SVG file. 75.87.64.27 ( talk) 13:55, 20 February 2009 (UTC)
Also, something should be done about NC. The ban is law now, even if it doesn't take effect until January 2, 2010. —Preceding unsigned comment added by 98.26.4.12 ( talk) 22:42, 19 May 2009 (UTC)
I don't want to edit the page, so someone else can do this. Elkhart, IN says it exempts bars. It does not. They were exempted for 1 year but that year is passed as of May 2009. http://www.etruth.com/Know/News/Story.aspx?id=484393 —Preceding unsigned comment added by 64.46.249.163 ( talk) 12:57, 9 June 2009 (UTC)
The eastern shore of VA needs to be colored the same color as the rest of the state of Virginia. Right now it is incorrectly colored white. Sincerely, User JFlip838 — Preceding unsigned comment added by 71.251.224.109 ( talk) 03:54, 15 April 2023 (UTC)
I know that you can not Smoke in restaurants and Bars what about Work places? —Preceding unsigned comment added by 64.83.66.234 ( talk) 16:34, 14 December 2007 (UTC)
The law actually took effect January 1, 2008. I've changed the (now expired) citation. It's sloppy work like this that keeps Wikipedia a laughingstock in intellectual circles. I've seen someone cite this article using 2009 as the date. The State Senator who proposed the legislation clearly states 2008 on her official website.
Happy New Years 71.105.240.19 ( talk) 02:43, 3 January 2008 (UTC)
Someone keeps deleting the introductory constitutional descriptor, which has been on this article for a long time, without discussing it here or really giving any rationale other than to call the introduction "flawed". It is both relevant to this article and discusses its terms. I have re-added it. 65.66.154.3 ( talk) 21:53, 5 May 2008 (UTC)
RESPONSE: I keep deleting it because it implies, incorrectly, that, under the Tenth Amendment, Congress lacks the power to enact a federal smoking ban. This is simply wrong. Congress may ban smoking in public places using other powers under the Constitution, even if Article I does not grant to it the specific authority to do so. I have deleted the introduction as "flawed" because it misapprehends Congress's powers under Article I, and ignores the Necessary and Proper Clause in the Constitution. It is a fundamental principle of Constitutional law that the Necessary and Proper Clause allows the federal government to pass laws not expressly provided for in the Constitution's list of express powers as long as those laws are in useful furtherance of the express powers. See McCulloch v. Maryland, 17 U.S. 316 (1819).
Congress could, for example, use its power to regulate interstate commerce (Article I, Section 8, Clause 3) to regulate tobacco, including where it is consumed, to enact a federal smoking ban. If Congress grants the FDA the authority to regulate tobacco under the federal Food, Drug and Cosmetic Act, the FDA could issue regulations restricting the use of tobacco in public. Congress could also use its powers under the Taxing and Spending Clause (Article I, Section 8, Clause 1) to make a state's access to certain federal funds contingent on the state adopting a statewide smoking ban. See South Dakota v. Dole, 483 U.S. 203 (1987) (holding that legislation withholding 5% of federal highway funds from states that did not adopt a minimum 21-year-old drinking age was an appropriate exercise of its Taxing and Spending Power). Under Dole, Congress could, for example, make certain federal health-care funds contingent on a state passing a comprehensive smoking ban. Accordingly, the current introduction's language is misleading and incorrect. But you are right that the Tenth Amendment is relevant to this article.
In light of these reasons, I propose to edit the introduction as follows:
"Article I of the Constitution of the United States does not grant the United States Congress the specific power to regulate smoking or tobacco use. However, Congress could conceivably attempt to enact a federal smoking ban using, for example, the Interstate Commerce Clause (Article I, Section 8, Clause 3) by regulating tobacco, including where it is consumed, or the Taxing and Spending Power (Article I, Section 8, Clause 1), by making a state's access to certain federal funds contingent on the state adopting a statewide smoking ban. But Congress has not yet tried to do so. Therefore, smoking bans in the United States are presently only a product of state and local criminal and occupational safety and health laws." Tgb1974 ( talk) 20:20, 6 May 2008 (UTC)Tgb1974
It would appear that Pennsylvania is about to pass a full smoking ban. It passed in the House and Senate is is awaiting the Governor's John Hancock. I don't have the time now to type up a proper description of the ban, but if anyone else gets around to it in the next few days it would be appreciated. Cshulse ( talk) 20:31, 11 June 2008 (UTC)
I can't find anything in any of the sources that states that smoking individual apartments is not allowed - they are considered private residences once you step inside your apartment door, no? —Preceding
unsigned comment added by
69.136.220.192 (
talk) 01:21, 6 October 2008 (UTC)
Although the article says that PA law prohibits local municipalities from enacting stronger smoking bans, several Bucks County municipalities ban smoking in outdoor public parks, including Richland Twp. and Doylestown Twp.. Bill S. ( talk) 11:09, 2 January 2012 (UTC)
I think that the map color for Virginia is incorrect, as well as the Virginia sub-section. The Commonwealth of VA does not differentiate between bars and restaurants (i.e. there are no "stand alone" bars, as all such places must serve food [1]). Therefore, the color of the map for Virginia should be pink, so as to reflect that smoking is banned in bar areas of restaurants, which is the closest thing to a bar in VA. The exceptions that are noted regarding separately enclosed areas apply both to food and bar areas of restaurants. Chernysh ( talk) —Preceding undated comment was added on 00:15, 26 February 2009 (UTC).
Virginia definitely should be colored pink. The red color description is wrong. This needs to be fixed.
VIRGINIA BEACH, Va. (AP) — The home state of Marlboro and the world's largest cigarette factory is set to ban most smoking in restaurants and bars.
Gov. Tim Kaine plans to sign legislation on Monday in Virginia Beach that takes effect Dec. 1.
Kaine worked for years for a total ban on smoking in all restaurants. The bill that lawmakers passed last month falls short of that but generally restricts smoking to separate rooms that have their own ventilation.
Virginia has grown tobacco for 400 years. Philip Morris churns out Marlboros and Virginia Slims at the world's largest cigarette factory in Richmond.
Richmond-based Philip Morris USA is a unit of Altria Group Inc.
Copyright © 2009 The Associated Press. All rights reserved. —Preceding unsigned comment added by 72.236.200.233 ( talk) 03:48, 10 March 2009 (UTC)
Smoking in Wisconsin restaurants and bars will be prohibited effective July 5, 2010. Can someone update the map? —Preceding unsigned comment added by Ericgingras ( talk • contribs) 03:13, 14 May 2009 (UTC)
How come North Carolina is colored pink, but not white? It should be updated to be white, since I recall North Carolina's recently passed ban covers BOTH restaurants and bars. The 18 and up exemption for age-restricted businesses was also removed from the ban, before it was signed into law. —Preceding unsigned comment added by 207.229.176.41 ( talk) 08:57, 2 June 2009 (UTC)
smoking is bad period. —Preceding
unsigned comment added by
138.202.146.138 (
talk) 20:35, 29 September 2009 (UTC)
Private clubs that are exempt only include non-profit private clubs. See under exceptions on http://tobaccopreventionandcontrol.ncdhhs.gov/smokefreenc/faq.htm —Preceding unsigned comment added by Samward1965 ( talk • contribs) 15:16, 3 January 2010 (UTC)
The statement "Texas law is silent as to whether local governments may regulate smoking more stringently than the state," is somewhat misleading. Texas is a "home rule" state. Municipalities larger than 5000 population may adopt and amend a charter which allows local control so long as the local ordinances are not "inconsistent with" state laws and the state and federal constitutions. See: [2] Section 5, and [3] Subchapter E, Section 51.072. Anecdotally, the precept of home rule, and hence the devolution of powers to the local level, appears to be fairly strong in Texas.
-CBJ —Preceding unsigned comment added by 98.200.169.102 ( talk) 02:29, 26 October 2009 (UTC)
Michigan just passed a state-wide ban for all workplaces, bars, and restaurants, excluding the three downtown Detroit casinos for fear that the Indian-run casinos may have an advantage because they would not be affected by the ban. As soon as the bill is signed (should be within a week) the map needs to be updated. 17:13, 11 December 2009 (UTC) —Preceding unsigned comment added by 128.95.173.207 ( talk)
I do not understand why Michigan is white, as nearly every listing below it shows every county EXCLUDES bars AND restaurants, which means they allow smoking in them. Shouldn't Michigan's color be green instead? Are there no counties or cities in Michigan which DO ban smoking in bars and restaurants? Stopde ( talk) 21:01, 9 February 2012 (UTC)
I think that you should have a separate link in this one for separate states I think that would be more efficient and people would be able to get the information that they need a lot faster and it would be way more convenient. —Preceding unsigned comment added by 204.184.250.115 ( talk) 17:57, 8 March 2010 (UTC)
It appears there is a lack of consistency between the entries in the section "Localities in Missouri with a smoking ban that includes all bars and restaurants" and "Localities in Missouri with a smoking ban that does NOT include all bars and restaurants". In each section there are entries wth minor caveats such as that smoking is allowed in private clubs. Or said another way, there are entries in the "NOT all bars" section which IMO more properly belong in the "all bars" section because what few exemptions they have are so circumscribed as to be all but immaterial. And are in any case the same exemptions as other entries already found within the "all bars" section.
It appears the two categories are structured to create a distinction which isn't really a practical difference in many cases. Unless there is some political agenda here to attempt to portray each ban in as minimal a light as possible. Which if true is hardly in the NPOV spirit. —Preceding unsigned comment added by 74.61.219.207 ( talk) 20:18, 25 April 2011 (UTC)
Nevada has repealed part of its smoking ban. Smoking is now allowed in taverns that serve food and alcohol and prohibit minors, it is also now allowed in areas of restaurants that are physically separated from the non-smoking areas, as long as minors are prohibited in the room. Since smoking is allowed again in designated areas of restaurants, the color should be changed from yellow to green on the map. — Preceding unsigned comment added by 75.71.233.131 ( talk) 23:38, 18 June 2011 (UTC)
Wow. That's a whole lot of POV and bad sourcing. Let's take this edit-by-edit.
If any of this meets our verifiability requirement, feel free to explain how. Until such time, I'm reverting it all. - SummerPhD ( talk) 01:08, 4 October 2011 (UTC)
This page has been moved from its previous title, 'list of smoking bans in the US', in order to remain in line with other articles on the subject, not least the worldwide list of smoke-free laws. The latter title was itself changed for two standard Wikipedian reasons. The first is that of common name, as although the term 'smoking ban' continues to be used often enough in English speaking news media, it is not the term used by organizations involved in forming or applying such regulations - and a colloquialism can be dealt with quite simply through a redirect and a brief mention in the introductory text. The second, perhaps stronger reason, is to remove ambiguity; 'smoking ban' suggests prohibiting smoking per se, which with the possible exception of Bhutan is almost never attempted in reality, most smoke-free laws regulating simply where one may smoke rather than whether. This improvement appears uncontroversial to me so I have 'been bold' and made the move - however, if it raises concerns, or if fellow Wikipedians feel the article will benefit from further discussion, this is the place to do it. Hypocaustic ( talk) 16:09, 27 February 2012 (UTC)
Over the past couple of days, several editors have tried to add in information that Indiana has enacted a statewide smoking ban. This is untrue. A smoking ban exempting bars passed the Indiana Senate late yesterday, but it now must go to the Indiana House and, from there, to the Governor. Thus, as of today, it has not been enacted. And while it might eventually be enacted (at which point it would merit inclusion in this article), due to the number of exemptions in the law this is far from certain, as the Indianapolis Star reported this morning: [4]. As of now, however, Indiana has not enacted a statewide smoking ban of any kind, as the present version of this article correctly reports. 75.87.67.80 ( talk) 14:24, 1 March 2012 (UTC)
The text of the article reads that:
"The law exempts: (1) horce racing facilities; (2) riverboats; (3) all indoor portions of casinos and other licensed gaming facilities; (4) cigar bars and hookah lounges; (5) private clubs; (6) retail tobacco stores; (7) bars and taverns (defined as any business with a liquor license that does not allow in persons under 21 years of age); and (8) cigar manufacturers.[81]"
Apparently only bars and taverns are excluded, not ordinary restaurants. Shouldn't the color of the map be yellow? — Preceding unsigned comment added by 188.25.162.34 ( talk) 12:02, 21 March 2012 (UTC)
This article says about Tennessee:
"Statewide smoking ban excluding bars, some restaurants, and all adult-only venues: On July 1, 2007, after being signed into law in May 2007, the Non-Smoker Protection Act went into effect, banning smoking statewide in all enclosed workplaces in Tennessee, except as exempted.[318] The Act exempts (1) any business, including a bar or restaurant, that does not serve persons under 21, (2) designated hotel/motel smoking rooms, (3) tobacco industry-related facilities, (4) outdoor areas and areas with an open garage door, (5) nursing homes, (6) designated smoking areas not accessible to the general public in businesses with three or fewer employees, (7) private clubs, (8) private residences and vehicles unless it is being used for child care, daycare, or public transportation of children, (9) retail tobacco stores, and (10) commercial vehicles occupied solely by the operator." — Preceding
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http://virginislandsdailynews.com/news/smoking-ban-enforcement-begins-today-1.1102681When you have finished reviewing my changes, you may follow the instructions on the template below to fix any issues with the URLs.
This message was posted before February 2018.
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Cheers.— InternetArchiveBot ( Report bug) 12:24, 2 January 2018 (UTC)
I removed the last section of the page rather than putting a {{Refimprove section}} template on it, I removed it. If someone thinks that this content added anything to the article you can put it back, however it seems that this content was completely irrelevant to any smoking ban in the United States. This content also did not cite any sources and may have been original research, removed per Wikipedia:No original research. Cocoaguy ここがいい 16:18, 26 December 2018 (UTC)
The map's color's were inaccurate (vastly so), so I removed it until that can be rectified. For example, states like NY, NJ were colored white, which only means banned in workplaces, yet this is not accurate. In those "white" colored states on the map, it is banned also in Bars, Etc.. 173.241.188.47 ( talk) 20:20, 16 June 2022 (UTC)
This article was the subject of an educational assignment at Georgia Gwinnett College supported by the Wikipedia Ambassador Program during the 2011 Q3 term. Further details are available on the course page.
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