Property Rights and Second-Hand Smoke

Property Rights and Second-Hand Smoke: "

Most debates over the regulation of pollution revolve around the definition of property rights: Do polluters have the right to pollute or do non-polluters have the right to clean air? In my view, the smoking debate has always been the same type of debate: Do smokers have the right to smoke or do non-smokers have the right to smoke-free air? California has now made it possible to combine the pollution and smoking debate: Do smokers have the right to pollute or do non-smokers have the right to pollution-free air?
California became the first state to declare secondhand smoke a toxic air pollutant Thursday, citing its link to breast cancer. Experts said the decision may have more impact worldwide than it does in the largely smoke-free state.
The decision by the California Air Resources Board puts environmental tobacco smoke in the same category as diesel exhaust, arsenic and benzene.
Smoking can now be regulated under California pollution laws. I'll be watching to see how this impacts other states. For example, the American Cancer Society, Ohio Division is try to get a Smoke-Free Ohio initiative on the ballot this year. It will be interesting to see if they can use the California pollution argument in their favor.

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