Smoking is now a criminal offense

Smoking is now a criminal offense

As reported in our

a smoking ban was passed by the

city legislature in Calabasas California banning smoking on all city sidewalks

and streets. It has since some to our attention that it is a misdemeanor to

violate this law. Misdemeanors are criminal charges rather than civil penalties

normally associated with anti smoking laws.

Even worse, if you are a business owner and you witness a customer

smoking in front of your store you must call the police, or risk facing charges

of aiding and abetting this so called “criminal offense”. We are hopeful that

prosecutors do not seek to convict someone on these charges. Explaining a

criminal record, for the rest of your life, for a harmless and victimless offense,

such as sidewalk smoking, seems utterly ridiculous.

Here is an excerpt from the law:

“Sec. 8.12.070 Penalties and Enforcement

(a) A violation of this ordinance shall constitute a misdemeanor punishable

pursuant to chapter 1.16 of this code unless the prosecutor determines to

prosecute it as an infraction as authorized by section 1.16.010(a).”

How has it come to this? Anti Smoking zealots have been enacting legislation

targeting smokers without outcry form the public, the media and without any

negative consequences for over 10 years. Many people who have been

defending smokers’ rights are hopeful that smokers and non-smokers alike

will be appalled by such an abuse of the lawmaking process.

Smoking has always been a victimless crime, but after convincing the public

through a multi million dollar propaganda campaign highlighting the

theoretical, but yet unproven effects of second hand smoke, some been able

to persuade lawmakers to enact legislation that breaks through the wall of

personal freedom, that is normally impenetrable in a free society. Now they

have added penalties that are far more severe than the violation of these laws

seem to justify.

How long will it be before we see the laws of California enacted in New York?

It could be months or years but sadly without opposition, laws like this will

continue to plague our society.

Jonathan Pinard, Executive Director

New York Coalition of Social Smokers

Get updates by email: