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Saturday, January 24, 2015

New Orleans Bans Smoking Pretty Much Everywhere


New Orleans passed a far-reaching smoking ban on Thursday that prohibits lighting up in bars, casinos, private clubs—even in the car while waiting in line at a drive-thru.

Claiming there is no “constitutional right” to smoke, the New Orleans City Council unanimously voted to outlaw smoking and electronic cigarettes in indoor and outdoor public places.

The ordinance, which goes into effect in 90 days, applies to bars, casinos, parks, private clubs, any business establishment, recreational areas, sports arenas, theaters, and a host of other places.

“[T]here is no legal or constitutional ‘right to smoke,’” the ordinance said. “Business owners have no legal or constitutional right to expose their employees and customers to the toxic chemicals in secondhand smoke. On the contrary, employers have a common law duty to provide their workers with a workplace that is not unreasonably dangerous.”

The ordinance was coauthored by Democratic councilmembers LaToya Cantrell, a former “community organizer,” and Susan Guidry.

The smoking ban carries $100 fines for a person who smokes a cigarette, natural or synthetic marijuana, or e-cigarettes in “public places.”

Public places include aquariums, laundromats, parking structures, trailer parks, condos, restaurants, shopping malls, outdoor stadiums and amphitheaters, libraries, theaters, lobbies, and more.

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